Posts Tagged ‘Brief’

June 4th, 2021

Domestic violence also known as domestic abuse, spousal abuse or intimate partner violence(IPV),can be broadly defined as a pattern of abusive behavior by one or both partners in an intimate relationship such as marriage, dating, family, friends or cohabitation.

In simple words it is, “violence between inmates living together or who has previously co-habited.”

The main causes of this kind of violence are personality disorders, low -self esteem, lack of assertiveness, stress, violent atmosphere during childhood, dependency etc.

Some of the methods by which females get abused are:

- Forced to perform any sexual acts which she does not want to.
- Threatened or attacked by knife,gun or any other weapon
- Tried to choke
- Slapping the woman

Slapping is one of the most common methods to abuse the females.
The cycle of domestic violence is repeated across generations. Women whose mothers were beaten by their fathers are twice likely to face domestic violence.

PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT,2005

The Protection of Women from Domestic Violence Act 2005 was brought into force by the Indian Government from October 26, 2006. The Act was passed by the parliament in August, 2005 and assented to by the President of India on 13th September,2005. As on November,2005 it has been ratified by four out of twenty eight state-government in India. Namely Andhra Pradesh, Tamil Nadu, Orissa and Uttar Pradesh.

Of about 8,000 criminal cases registered all over India under this Act, Rajasthan had 3440 cases, Kerela had 1028, while Punjab had 172 cases registered.

HISTORICAL BACKGROUND

The passing of Domestic Violence Act is an important marker in the history of the women movement in India. Prior to this Act, domestic violence survivors were hampered by reluctance to enforce domestic violence as a criminal offence. Although criminal proceedings and injunctions were available under the Indian Penal Code and existing legislation, domestic violence was regarded as a private family matter and police and courts were generally unwilling to take action against the offenders.

OBJECTIVE OF THE ACT

This law has been primarily enacted to provide protection to the wife or female live-in partners from violence at the hands of husband or male live in partners or his relatives, the law also extends protection to women who are sisters, widows or mothers.

The Sailent features of this Act are:
- The Act seeks to protect women who are or have been in relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or relationship in the nature of marriage or adoption: in addition relationship with family members living together as a joint family are also included.
- Domestic violence includes actual abuse or threat of abuse that is physical, sexual, verbal,emotional and economic. – One of the most important feature of the Act is woman’s right to secure housing.
- The other important relief under the Act is the power of the court to pass protection orders that prevent abusers from aiding or committing an act of domestic violence.
- The draft Act provides for appointment of protection officers.

The Act defines domestic abuse as physical, sexual, emotional, verbal, psychological and economic abuse and threats of the same.

PRIMARY BENEFICIARIES OF THE ACT

Women and children are the primary beneficiaries under the Act. The provision for protection of women is given under section 2(a) of the Act. It will help any woman who is or has been in a domestic relationship with the respondent. This section empowers the woman to file a case against a person with whom she is having a domestic relationship in a shared household, and who has subjected her to domestic violence.

Children too can file a case against parent or parents who are torturing and tormenting them.

WHO ARE THE REAL VICTIMS

The real victims of domestic violence are the rural women who are illiterate and who are hardly aware of their rights. The Act should be implemented effectively in the rural areas

SURVEY

- Nearly two out of five women have experienced physical or sexual violence by husbands than by anyone else.
- One in four married women have experienced physical or sexual violence by their husband in twelve months preceding the husband.

LOOPHOLES IN THE ACT
The Act plays a stellar role in protection of women’s rights and guarding them from domestic violence.
But on the other hand this Act brushes aside the right of the males.
Aggrieved person is only a woman. The Act assumes that a man can never be victim of domestic violence which is clearly a wrong assumption.

Under this Act, a woman can lodge a complaint even of past co-habitation. This gives her ample opportunity to take revenge on her husband, incase he is innocent. Even the male children are excluded form the purview of the Act.

This Act is a gender-biased Act.

Basically the Act is misused by qualified educated woman who are well aware of the rights conferred by the Act. These women file cases with false allegations against the male person and his relatives and till the respondent’s innocence is proved, she gains a lot financially.

DOMESTIC VIOLENCE AGAINST HUSBAND
When a man says that he is tortured or harassed at his home, no one really listens to him instead everyone laughs at him. Many men are ashamed to confess the truth about their lives that they are beaten or harassed by their wives. It is because Indian mentality is like that, no one will really believe such men.

An online based foundation called ” Save Family” conducted a study on Indian Husbands in collaboration with My Nation.
From all over India 98% males had suffered domestic violence once in their lives.

Poll conducted by a site
- 99% men said that they are verbally abused.
- 91% men said that they are mentally tortured.
- 73% men said that they are denied physical relations for no reason

CONCLUSION
In spite of globalization, prosperity and education, we have failed to eliminate violence against women. Who are to be blamed for such a situation? As charity begins at home, it is we the people of the nation who should take a collective initiative to eradicate this evil.
As India has male dominated culture, women empowerment does not seem the effective solution. Reservation in jobs and education seems to be more effective solution and gradually direct participation should be encouraged.