Domestic Violence Act 2005 - Big Brother has Arrived
Domestic Violence is one of the gravest and the most pervasive of human right violations in India. Most victims of domestic violence are women who come from all social and economic backgrounds. But from now on things might change and hopefully for the better.
Finally the knight in shining armor for the Indian Woman has arrived in the form of Domestic Violence Act 2005, which is applicable from today onwards. The highlighting point of this Act is that it not only provides protection to women who are legally married but also those who are in live-in relationship, women who are sisters, widows or mother. The new law also addresses sexual abuse of children, or forcing girls to marry against their wishes as well. This certainly proves that the new Act has been formed keeping the current relationship culture in India and the irregularities in previous Domestic Violence Laws, in mind.
The new law provides an all-encompassing definition of domestic violence including not only physical violence by the husband, such as beating or physically hurting his wife, or sexual violence like forced intercourse, but also verbal or emotional violence such as insulting the wife or preventing her from taking up a job, and even economic violence such as not allowing the wife to use her salary.“The definition includes threats of abuse and dowry demands too,” said Renuka Chowdhury, Minister for Women and Child Development.
Chowdhury said around 70 per cent of women in India were victims of domestic violence in some form. “The enactment of the law is a historic step towards ending gender discrimination,” she said.
Any man found guilty under the Domestic Violence Act 2005 would be sent to jail and/or fined upto Rs. 20,000. They can also be charged under other sections of the Indian Penal Code (IPC), if applicable.
But by simply passing an Act and jotting it down on legal papers doesn’t ensure that its main purpose will be served. In order to tackle this problem, the Ministry of Women and Child Development has issued another notification laying down rules framed for accurate implementation of the Act which also includes appointment of protection officers, service providers and counsellors.
Another very important feature of the new Act is women’s right to secure housing, the statement said adding it provides a right to reside in the matrimonial and shared household, whether or not she has any legal title in the household.
Women’s welfare associations from all around the country have accepted this decision with open arms however there are some who are worried about its ill-effects and rightfully so - Pandurangi Reddy Bharati, who runs the Save Indian Family Foundation, said, “It will lead to the economic blackmail of men.” Mr. Bharati’s concerns cannot be taken lightly especially since over the years the numbers of false cases against husbands and In-laws have also been on a rise.
Chowdhury did not deny that the Act could be misused but said there would be “protection officers” to ensure it did not happen. “We will sensitise the officers on all aspects of the law,” she said.
State governments will have to appoint a woman protection officer in each police station to book and pursue cases. Victims can seek compensation under the law.
The effectiveness of this revolutionary Act would only be judged once the intended implementation plans are put into action without any lengthy delays, a positive level of transparency between the Ministry and State governments is achieved and most important of all, the ones who are in-charge of enforcing this Act carryout their duty in the rightful manner.



We all have a right to express our views. In many instances; it will be against ours and in some; with us. To hear them out is 'decency' but to let them get to you is 'weakness'. 





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[…] To Each Its Own on the Domestic Violence Act in India. “The highlighting point of this Act is that it not only provides protection to women who are legally married but also those who are in live-in relationship, women who are sisters, widows or mother. The new law also addresses sexual abuse of children, or forcing girls to marry against their wishes as well. This certainly proves that the new Act has been formed keeping the current relationship culture in India and the irregularities in previous Domestic Violence Laws, in mind.” Together We Bond has more. […]
Pingback by Global Voices Online » Blog Archive » India: Domestice Violence Act — October 26, 2006 @ 7:51 pm
[…] Sakshi draws attention to the new Domestic Violence Act. […]
Pingback by DesiPundit » Archives » Domestic Violence Act — October 27, 2006 @ 11:05 pm
IPC says the wife shall not be liable even as an abettor, based on the reasoning that a woman involved in illicit relationship with a married man is a victim rather than author of the ‘crime’. What the fuck? On one hand, NCW recently announcedDomestic Violence Act 2005, a move that appeared to be in grip with today’s time and social reality with the inclusion of Live-in Relationships, sexual abuse of children, plight of women who are forced to marry against their wishes and women’s right to secure housing.
Pingback by Desicritics.org: Media, Culture, Politics, Sports and More with a South Asian Focus — February 15, 2007 @ 3:20 pm
Comments
22 comments | Leave your comment
Oct 26th, 2006 at 5:19 pm | #
I think the title “Big Brother has arrived” is a tad unfortunate. One may have many qualms with this new act but to claim that this is a kind of unwanted fascist government intervention in to what has previously been dismissed as “family disputes”, is unhelpful. This act, even if it does not protect women from abuse, paves the way to politicize something that has been long considered to be private. This kind of social engineering is good for women on the long term.
Oct 27th, 2006 at 5:44 am | #
Gayathri - I understand what you mean here. IMO, the act itself is very good since it addresses many issues which have been previously ignored. However the law’s implementation is the most important concern of all. If used in a correct manner void of corruption around us, then surely it will be beneficial on the whole for the entire community and not just women alone.
Oct 27th, 2006 at 8:11 am | #
Sakshi,, the act says “emotional torture” .. now hey hey arent they being very ambiguous here.. I mean, any woman can just go to the police even in case of a slight disagreement (yeah, no marriage is a fairy tale)…
Agree with you on the whole, but I dont think putting in things like “mental torture” into the act is a good idea.
The act would be helpful to rural women in general, but to the urban woman, it might even be a weapon against her husband in case of disagreements. No, I am anti-feminist or anything, but I have seen such cases in real life - like false accusations of husband or in-laws troubling her.
>> If used in a correct manner void of corruption around us,
Isnt that a BIG IF…
Man, they cant get a terrorist or manu sharma to the jails, and now they want more stupid false cases to handle.
Laws are not going to help at all here, its the woman who should be independent enough to get out of the husbands home if he indulges in domestic violence.
>>State governments will have to appoint a woman protection officer in each police station to book and pursue cases
LOLzz.. haha.. they cant even run existing police stations properly.. damn them. And they want to add protection officers..
Thats the problem with these governments. Grandiose schemes designed to attract votes, but in the end, it becomes a paper tiger. For example, see the PUC for vehicles thing. And the increase in seats in universities and colleges to accomodate reservations. Increase in seats = Decrease in quality, more grads which the industry might not be able to absorb.
>>Chowdhury said around 70 per cent of women in India were victims of domestic violence in some form. “The enactment of the law is a historic step towards ending gender discrimination,†she said.
I somehow have a bad feeling about this. Wasnt the quota system supposed to end caste discrimination. In fact, the quota system has increased caste discrimination, as far as I have seen since the times of that jerk Weepy Singh. Never in my class did the students notice each others caste until then. Well…. seems like a trojan. Wants to do something good, but it will be a cause of much worse trouble. Would I not resent the fact that I missed a place in a good institute to someone who got it because of his surname, and whom I never met, let alone harm in any way.
Cant miss the irony - “emotional torture” comes under “domestic violence” act. Implies emotional torture = violence ??
Oct 28th, 2006 at 1:21 am | #
I am glad that such a law has finally come about. But as they say, it needs to be put into practice and people need to be aware of it.
Oct 28th, 2006 at 5:23 am | #
Now that the Act has been passed, I have my doubts if it will be implemented will full force. Take the anti dowry act for example. The law of the land says that asking for or giving dowry during marriage is a violation of the law. The same applies for gruesome practices like Sati, child marriage and in some cases (I am expecing brickbats) witch hunting that is so prevalent in the inner reaches of India’s villages and so on. Enforcing this law through out India is going to be a huge problem because of the population. So has the Minster though about educating the masses of the advantages of this act and most importantly, sooth the male ego (brick bats again) because that could be a major road block.
Oct 28th, 2006 at 8:55 am | #
I fully support the Domestic Violence Act 2006.
Nov 11th, 2006 at 8:40 am | #
Four Indian Women Behind the bar due to Ms. Renuka Choudhary’s “Diwali Gift ( DV Act).
Few days Back one of SIF member told me Swarup , “ Till date Indina Women had been protected by their Near and Dear ones. Now after this AK47 ( Domestic Violence Act ) , they will be protected by so called Protection Officer , Lawyers, Police , Judges..etcâ€
But She also asked me, “ Who will Protect Indian Women from those so called Protection Officers, Lawyers, Police , Judges ..etcâ€
More at :IndiaTalking.Com
Nov 14th, 2006 at 11:44 am | #
Cheating and fooling the Indian Women for Vote bank!!!
Sub: Cheating and fooling the Indian Women for Vote bank!!!
Please read the interview of Renuka Chowdhury(link here).
If any LAW maker does not have the sufficient knowledge, then why they make such a stupid LAW??
The question is unanswered, what punishment you will recommended, when a dishonest daughter in law ( Modern Supnakhas ) , abuse our mother and sister ??
More at :
http://www.indiatalking.com/blog/swarup/4468/
Nov 16th, 2006 at 9:13 pm | #
Dear all,
It is myth that women are more abused in India. Maybe in rural india, but in urban areas, the women are much more abusive than men. Shocked ? I was too ! Here is the study … and it was not specific to India. http://pubpages.unh.edu/~mas2/ID41E2.pdf
In any case, this law is BAD. It is really written by feminazis. This law is a lost opportunity. Had it been fair, millions of men and women would have benefitted. But in the current form, it is just a tool in the hands of vengeful women. Much like the dowry law.
Please go to 498a.org for more details.
Also, pls visit http://savemarriages.wordpress.com and http://givemejustice.wordpress.com
to get the real picture.
Regrards,
Nishant
Nov 19th, 2006 at 9:32 pm | #
Only Safe place for Indian Men in future would be to live in Mens Hostel.
I expect some Businesmen would find it lucrative to construct chain of men’s hostel.
Good Job. While purpose and motive cannot be questioned, the way act goes out of normal bound to punish guilty would mean any men can be threatened by any female member of family. With this law, Men can be safe only in Men’s Hostel where there are no females.
Nov 21st, 2006 at 2:49 pm | #
all men are criminals by nature … !
more at http://my2cw.blogspot.com/2006/11/all-men-are-criminals-by-nature.html
Nov 24th, 2006 at 12:05 pm | #
After interaction with a lot of people in different field including
Laywers/media/common people:-
1. If any one write for Men( amy be few) , 90% cases it is women
only.
2. Men does not brother and over confidence fool.
3. In my mobile , maximum case , ( more than 70%) , call comes from
women only ( mother/ssiters).
At the end , my view , women understand waht we want to say easily
than men ( for a Normal human who do not face the 498a or any women
biased law).
But at the end , some bad women really making life of all miserable
and people are loosing the respect towards women slowly and if this
does not stop , crime will increse , which concerns me more.
I belive men are from “Mars” and women are form “Venus”.
No Law can cahnge that and the more we will try , the more we will
suffer , but which our LAW maker do not understand.
Self respect comes , by your hard earning money , by grabing others
money and enjoying the same without taking any responsibility
nothing but cheating.
It is applicable for both men and women.
But it seems our LAW maker thing husabnd killing is the Nobel work,
grabing husabnds money and property is women empowerment.
Dec 3rd, 2006 at 7:12 pm | #
This new law clearly legally declares all males to be born criminals and females to be paragons of virtue.
IN THE MODERN SOCIETY THERE ARE RIGHTS TO PROTECT ANIMALS BUT NOT MEN WHY DONT WE TALK TALK ABOUT HUMAN RIGHTS INSTEAD OF WOMENS RIGHTS WHY???…BECAUSE THAT WOULD MEAN INVOLVING THE MALE POPULATION AND WOMEN OF TODAY HATES YOU SO BE WARNED AND CHANGE YOUR LIFESTYLE STICK TO PROSTITUTES.
I as a modern indian man after the encactment of this law DENOUNCE SOCIAL INSTITUTIONS LIKE MARRIGE AND WOMANHOOD.BROTHERS WAKE UP POLITICS AND WOMEN HAVE PERVERTED THE CONCEPT OF EQUALITY WE MUST OPEN OURSELVES TO THE OLDEST PROFESSION IN THIS WORLD PROSTITUION.
ONCE WE DO THAT THESE LAWS AND ALL THEIR CENSURES WILL HAVE NO EFFECT ON US.
THE MODERN WOMAN DOES NOT DESERVE THE STATUS OF A WIFE.
BOTTOM LINE THE MODERN WOMEN KIGHT HAVE WON THE LEAGL BATTLE BUT SHE HAS LOST THE BATTLE OF HEARTS FROM NOW ONWARDS ITS A JUNGLE AND BELEIVE ME FROM NOW ONWARDS THERE WILL BE NO QUARTER GIVEN NO QUARTER ASKED FOR.
THIS IS FROM THE HEART OF A MALE WHO USED TO IDOLIZE AND CHERISH WOMEN WELL NOW I THINK THEY ARE ANTI CHRISTS.
Mar 12th, 2007 at 7:31 am | #
it took too long for this act to be in india where it needed most .indian mens will not like it it will take time to come to terms .not far ago indian womens has to go SATI WHEN HUSBAND is dead .change is coming and its necessary .WELCOME IT AND DO SOMETHING THAT WE DONT HAVE TO USE THAT MUCH BUT UNFORTUNATELY ITS GOING TOBE
Apr 11th, 2007 at 3:07 pm | #
Six months to the Act. Can we have some experiences, both positive and negative. Thanks.
Jun 3rd, 2007 at 11:09 am | #
in person, I experienced that in every class, every religion of Indian society women are very much physically, mentally, socilly tortured by their husbands. It doesn’t matter that lady be illeterate or educated, working or non-working, middle class or upper class, she is tortured by husbands like anything. Although i am 31 year old Gazzeted officer, I am also a victim of my husband’s domestic violence. But for sake of my little child, family, society i am bearing everything. i cannot go to this big brother. because i belongs to middle class where it is very bad to go against husbands.
Aug 18th, 2007 at 12:32 pm | #
Men and women need protection from serious violence.But present law only to out man under mercy of wife by giving very subjective definition that too only if victim is woman? woman should not be allowed to stay in other person’s property by force.If i am owner of house,i should decide who will stay in my house.My wife should not be allowed to encroach my properties.
Sep 17th, 2007 at 7:07 am | #
I think I am soon going to be a victim of this one.
I stay outside India and recently had a fighting with my wife where both of us were injured. She reported to the nearest police station where I was summoned. After explaining the situation to the officers I had to sign a undertaking that I should not touch her again.
Soon after, my parents in India are being threatened by her parents that they will go to media, lodge a attempt to murder case and use this law to pull all my family members to jail.
The Facts: I got married a couple of years back and have a wonderful baby. She was with me for initial 6months after marriage and then left to her home in India for delivery. I COULD NOT RECONCILE THAT MY BABY SHOULD BORN OUTSIDE MY HOME. However, that was to be as she insisted. I wanted the baby to stay with my parents for few months before they return to me. I started to process the passport for the child which unfortunately was taking longer than expected. SHE THOUGT I WAS DELAYING THIS DELIBERATELY and do not intend to bring her back here. She made a storm like situation at my home and had to leave for her home the same day. She avoided speaking to me, threatened to divorce and denied cooperating with passport preparation. I had to fly to India to get the passport done. Finally she returned to me after VISA & other formalities were done. Eversince her return she has been threanening me to complain in police and teach me and my family a lession. We have been engaged in hot exchange of words and situation getting worse day by day. Then I thought if I keep quite and do not respond to her arguments, things will improve one day. It was about 3 weeks I had to freeze my boiling blood and her attrocities went up day by day. Thats when I could not control myself and sent out a slap which she reverted with frying pan, vegitable cutting knife. Immediately after that she ran out to get a doctors report and then to police station.
Dec 21st, 2007 at 6:26 pm | #
Look Mr. Bechara !
You are not so bechara and not even a real man.
Fact- do a google on ’symptoms of domestic violence’ and you’ll see a list of what the list looks like. I bet you fit in there.
Fact- most abusers don’t see themselves as abusers. There is always a reason.
Fact- If I knew who you were. I’d beat you down like a little bitch that you are.
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