The case: Phooli Vs Gauri

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payalgarg

@payalgarg

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Posted: 13 years ago

#91

Originally posted by: gangubai1
Please Payal, can we give Gauri a rest here? Gauri vs. Anandi has been discussed so much that there is nothing new left to say by anyone.

I was enjoying the discussion so far, and I'm dreading returning to Gauri and Anandi. Not sure if I have the right to request anyone to not say something they want to, but it is a humble request.

kya kare yaar...tanvi agar baar baar ek hi baat karegi to jawab to dena padega naa😆

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hooked

@hooked

Dazzler

Posted: 13 years ago

#92

That would be ideal, as P was a child widow and hence a virgin. Bharat's mom was well aware of it and despite that literally bought her and used her like a pimp for her own gains.

I too am as bugged by Phooli's sexual exploitation as by her kid being snatched. This is insult followed by injury. Hope she does go to court n get Bharat and his mom jailed.

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Purva

@-Purva-

Dazzler

+ 5

Posted: 13 years ago

#93

Actually Payal the panchayat was aware that Phooli is going under Naata and it was the Sarpanch at that time who told Phooli's father that he should consider the Naata since it was a good option for Phooli's future.

Secondly, Naata is a socially recognized practice in that area. There was no fraud in that case, since the MIL insisted that they wanted only a Naata and not a marriage. So Phooli can't claim that it was rape. Yes there is an absence of written agreement, but who is to prove or disprove a verbal agreement? Esp. since Phooli's father celebrated the Naata by inviting the entire village and all? Can he say that he was mislead.

A Naata is normally of one year's duration and that is approximately the time that Phooli has spent with her in-laws, again social sanction exists. Normally in a Naata the children borne during this period belong to the father, since most women are unwilling or incapable of taking care of the children. If the father doesn't accept the child then the child is usually sent to an orphanage. This I'm talking about the prevalent social practice.

Even Phooli claims her rights over the child, she would still have to look at Bharat's family to provide her financial assistance. Since she is a widow, she cannot give a legal father's name to the child, he'll grow up to be a bas***d. Coming from a poor destitute family she cannot assure that the child will have a good education, upbringing and future. Even if she goes to the court to demand her rights, the custody will be awarded to Bharat because he can give the child a legal status, financial support, and a bright future. Plus his wife is willing to accept the child, so Phooli can't even claim that the child will grow up without maternal care.

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Purva

@-Purva-

Dazzler

+ 5

Posted: 13 years ago

#94

Originally posted by: payalgarg

kya kare yaar...(log) agar baar baar ek hi baat kareg(e) to jawab to dena padega naa😆

Well not naming any names and changed some in your post, but seriously, there is a coterie that would claim that Anna Hazare is going on a fast not against corruption but to protest against Gauri not being given the rights of a bahu by Singh family. I always disappear into the woodwork when this group becomes active. :)

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hooked

@hooked

Dazzler

Posted: 13 years ago

#95

@Gangubai

As logical and watertight as the case is against Phooli - I do wish you would at least try to show some hope for Phooli. Currently it seems like you are so certain that Phooli is completely doomed to be over ruled by courts n panchayats - that it makes me want to rebel.

Please try to find some clause, some reason in her favor too..!

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Purva

@-Purva-

Dazzler

+ 5

Posted: 13 years ago

#96

Hope for Phooli will have to be found by the CVS, they can even bring a dead man to life, so why not this. I am simply facing up to the facts of life as they exist. True inside liek you, even I feel like crying when I even think of putting myself in Phooli's place

Think if we as uninvolved viewers feel this way about the situation, how frustrating and demoralizing it would be for thousands of girls who are doomed to live this kind of life. They have no hope, no support, nothing to look forward to - which is why so many women agree for taking the extreme step of female infanticide. Mothers feel that it is better that a girl is not born than that she has to live a life like this.

Do you know that there is a law that actually allows men to pimp their wives under the garb of Naata Pratha

Section 497 of IPC says, "Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting the offence of rape, is guilty of the offence of adultery and shall be punished with imprisonment of either description for a term which may extend to 5 years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor."

This means that if a man has sex with a married woman without her husband's knowledge or permission, then he is committing adultery - not rape, but adultery. Translating to - a man has the right to allow another man to live with his wife even if the wife is unwilling, then the husband and the molester can both go scot-free. The woman has no say in the matter.

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hooked

@hooked

Dazzler

Posted: 13 years ago

#97

This just does not sound right. This must be in cases where the woman was not complaining that this was rape and so this was in fact - adultery.

Actual open selling of your wife for a price, as fine from the other guy sounds like a bad business model. The wife may complain and bet conned by this 2 times but no more. Plus it is too steep a price for a guy to lust after another woman.

If she complains that this was forced on her the panchayat n courts won't just unhear her, they will have to listen.

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According to my research - Naata is only practiced among the tribals and OBCs. It is NOT part of the mainstream ie Brahmins, Rajputs n Jains. And there too, this had begun as a means to empower a woman to chose a guy after she seperates or widows.

The fact that every law can be misused, has caused Naata to be abused in some cases too, but I want to make it clear that it began as a very good idea to help n give more power and choice to women.

Edited by hooked - 13 years ago

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sreevask

@sreevask

Voyager

Posted: 13 years ago

#98

Can a husband with a living first wife opt for nata?

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sreevask

@sreevask

Voyager

Posted: 13 years ago

#99

How can Phooli be saved 4m this hardship?

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Purva

@-Purva-

Dazzler

+ 5

Posted: 13 years ago

#100

Yes a husband with living wife can opt for Naata if the wife is given compensation. The same goes for a woman with living husband, as long as the compensation is paid and the living spouse gives permission, there is no bar to entering into a Naata.

There is a reported case of a woman who did not give her husband permission even after being offered a hefty compensation. So the panchayat came up with sanctions against her and she was boycotted by the entire village. Since her main source of income was selling milk, she had to give her husband permission when she was literally starving.The boycott was lifted as soon as she gave permission.

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The case: Phooli Vs Gauri - Page 10

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