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.
[...] 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. [...]
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