RANGOON — Burmese society was fascinated recently by a potential court case involving an academy award winning actress and her live-in partner, when the actress tried to sue the man under Article 417 of the penal code.
Pan Phyu and her Article 417 lawsuit against her partner Zaw Win Shein, the managing director of the Ayar-Hintha Company, highlighted the plight of many women who live with a man who promises marriage but later moves on, leaving the women abandoned.
“We were living together because we planned to marry,” the actress told The Irrawaddy. “But, he broke his promise for our marriage and also treated me very badly. That's why I have sued him.”
However, Pan Phyu said her case has been rejected by courts at the township and at the district level.
Yin Yin Hlaing, a female member of the judiciary system, said she feels sorry whenever she sees women in court suing men for deceiving them under Article 417. She said she supported Pan Phyu's action.
“I feel uncomfortable when I see women enduring the pain of testifying before the court with shame and bitter feelings,” she said. “I don't understand why the women were so eager to believe in someone,” said Yin Yin Hlaing, 40, who has worked in the courts for 18 years.
“I am not sure whether love is blind or not, but many women who file lawsuits against their partners are poor,” she said. “They couldn't even hire lawyers.”
“Women need to be brave enough and broadminded to fight against injustice and face the truth. I am in favor of taking action against men who cheated women. And, I don't support women who become silent although they are bullied and cheated because they fear that it will be doubled their shame once their case is heard in court,” said Yin Yin Hlaing.
She said many men take advantage of women being shy and afraid to go to court to testify.
Kyi Htun, a women living in Rangoon, shared a similar case. She told The Irrawaddy that her lawsuit against her partner under Article 417 was rejected by Rangoon's eastern district court.
“Money decides the winner,” she said. “I was living together with him because he said he would marry me.” She said her partner bribed the judge to win the case.
According to the penal code, if a man is convicted under Article 417 he can be sentenced to one year imprisonment or be fined.
An woman official at the Rangoon Division Working Committee for Women's Affairs said there are many women who still don't know or understand that they can file a lawsuit against men who cheat them.
She said, “The don't know how to file their complaints. They can't afford it financially and it will affect their survival once they are in court. That's why many of them sit still after being cheated.”
She said the Working Committee has helped women with social problems, including seeking compensation for them so that they don't need to go to court.
“The worse thing is that once something like this happens, only women will be blamed in the Burmese community,” she said. “Also, women are more or less afraid of being in court with others' present. So, I think it will take time for Burmese women to even speak out about such wrong doing,” said the official.
A female lecturer at Dagon University in northern Rangoon said the root cause of the problem is the acceptance of living together without marriage.
“Economic hardship is the underlying cause of many problems,” she said. “When young people want to get married, they can't do so because of their economic situation. So, they chose to live together without marriage. Later, such cheating cases happen,” she said.
She said that since marriage is not easy anymore in Burmese society, many middle age couples have chosen to live together. In any case, men should marry the woman they live with, she said.
Ni Ni Thein, a female high court lawyer, said many young girls are deceived and sexually abused because they are poor and lack education and experience.
“They don't have a secure environment, so once they become an adult they look for someone who they think they can trust and live with. Men take advantage of their situation,” said Ni Ni Thein.
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