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CONTEXT: Domestic violence is an epidemic affecting individuals in every community, regardless of age, economic status, sexual orientation, gender, race, religion, or nationality. Anyone can be a victim and a victimiser. Since times immemorial, domestic violence has been an intrinsic part of the society we are living in. On various occasions, psychological problems and social influence also add to the vehemence. There is no question that domestic violence directed against women is a serious and bigger problem, but domestic violence against men and upon elderly (inflicted by women) is also increasing gradually in India. Children and teenagers in our society are also not spared from the evil of domestic violence. In fact, this form of violence is second in terms of number of reported cases after the ‘violence against women’.
What has been done ?
Domestic Violence Act 2005
It was brought into force by the Indian government from 26 October 2006. The Act provided for the first time in Indian law a definition of “domestic violence”, with this definition being broad and including not only physical violence, but also other forms of violence such as emotional/verbal, sexual, and economic abuse. It is a civil law meant primarily for protection orders and not meant to penalize criminally.The act does not extend to Jammu and Kashmir. The act deals with respondents who can be sued and prosecuted under the Act for harassing a married woman in her matrimonial home. Supreme Court’s ruling on Domestic Violence (2016) In October 2016, the Supreme Court ruled that now , not only men, but women can also be prosecuted under the protection of Women against domestic violence act. The Supreme Court in Hasrora vs Hasrora struck down the word adult male from the provision in the Domestic Violence Act, Section 2(q). Earlier, only daughter-in-law could sue her husband and his women relatives. But a domestic violence complaint couldn’t be filed against the daughter-in-law as the accused under the law could only be adult males. The bench said that the term “adult male” contained in the Act was “discriminatory”. In this judgement the constitutionality of Section 2(q) was challenged. The court mentioned that its clear that such violence is gender neutral. It also mentioned that it isn’t also clear that physical abuse, verbal abuse, emotional abuse and economic abuse can all be done by a woman against another woman. The court stuck to the doctrine of severability. It stuck down just that part of section 2(q) that created a distinction based on gender relating to offenders under the Act. Section 3, therefore, seems to outlaw domestic violence of any kind against a woman, and it is gender neutral.
Criticism:
Conclusion In a country that has non-violence as its founding faith, it took more than 60 years to define what is violence against women, to accept that emotional, sexual and economic violence is also violence.The law was ahead of its time but surely, 10 years is sufficient time to understand the message of the law, that is, zero-tolerance for domestic violence. Perhaps security within the marriage will lead to a violence-free relationship. If it does not, a woman can choose an exit option, that is divorce, but with adequate financial security post divorce. Studies have shown that in many countries, divorce has led to the lowering of the standard of living for women. A law on community of property would give her a share in the assets acquired during the marriage upon divorcce. The truth is that law is empowering and the very use of the law is seen as an act of subversion of the existing social order; hence, “use” of the law becomes and act of “misuse”. There is no question that laws in favour of women (being gender specific), today, are often misused as an instrument of domestic vendetta and these incidents are on a rise. However, the need of the hour is to first implement the law to empower the women who are facing violence at the hands of men before we embark upon the ambitious task of addressing intra-gender violence, which will require a more evolved and empowered society and a fairer and non-adversarial legal system.
By: Chandan Sharma ProfileResourcesReport error
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