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Domestic Violence Domestic Violence and and

legal protection for women in legal protection for women in IndiaIndia

Prepared by Jennifer Bennet,Prepared by Jennifer Bennet,………………………………………………….. II year BA ………………………………………………….. II year BA

programmeprogrammeJesus and Mary CollegeJesus and Mary College

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Demand for international & Demand for international & domestic lawdomestic law

The concept of substantive The concept of substantive equality and women’s rights equality and women’s rights as human right has, gradually as human right has, gradually been establishedbeen established

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Women’s rights are Human RightsWomen’s rights are Human Rights

……the urgent need for the universal the urgent need for the universal application to women of the rights application to women of the rights and principles with regard to and principles with regard to equality,security,liberty,integrity and equality,security,liberty,integrity and dignity of all human beings”dignity of all human beings”

UN declaration on Elimination of UN declaration on Elimination of Violence Against Violence Against Women-A/RES/48/104,85Women-A/RES/48/104,85thth plenary plenary meeting, 20 December 1993.meeting, 20 December 1993.

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Declaration of Elimination of Violence against women, 1993.Declaration of Elimination of Violence against women, 1993.

Violence against women is a manifestation Violence against women is a manifestation of historically unequal power relations of historically unequal power relations between men and women, which have led between men and women, which have led to domination over and discrimination to domination over and discrimination against women by men and to the against women by men and to the prevention of the full advancement of prevention of the full advancement of women, and that violence against women women, and that violence against women is one of the crucial social mechanisms by is one of the crucial social mechanisms by which women are forced into a which women are forced into a subordinate position compared with men.subordinate position compared with men.

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Article 4, Declaration of Elimination of Article 4, Declaration of Elimination of Violence against women, 1993.Violence against women, 1993.

…….States should pursue by all appropriate means .States should pursue by all appropriate means and without delay a policy of elimination violence and without delay a policy of elimination violence against women and, to this end, should:against women and, to this end, should:

(d) Develop penal, civil, labour and administrative (d) Develop penal, civil, labour and administrative sanctions in domestic legislation to punish and sanctions in domestic legislation to punish and redress the wrongs caused to women who are redress the wrongs caused to women who are subjected to violence; women who are subjected subjected to violence; women who are subjected to violence should be provided with access to the to violence should be provided with access to the mechanisms of justice and, as provided for by mechanisms of justice and, as provided for by national legislation, to just and effective remedies national legislation, to just and effective remedies for the harm that they have suffered; States for the harm that they have suffered; States should also inform women of their rights in should also inform women of their rights in seeking redress through such mechanisms; seeking redress through such mechanisms;

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Incidence of violence in IndiaIncidence of violence in India Nearly two in five (37%) married Nearly two in five (37%) married

women experience some form of women experience some form of physical or sexual violence by their physical or sexual violence by their husbandshusbands

16% experience emotional violence16% experience emotional violence Only 2% of abused women have ever Only 2% of abused women have ever

sought help from the police.sought help from the police.- - National Family health survey, 2005-06National Family health survey, 2005-06

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Why Separate Law of Domestic Why Separate Law of Domestic Violence?...contViolence?...cont

1) Remedies were available in the form of 1) Remedies were available in the form of civil laws such as those dealing with civil laws such as those dealing with divorce and criminal laws such as Section divorce and criminal laws such as Section 498A Indian Penal Code, 1860 (IPC), which 498A Indian Penal Code, 1860 (IPC), which acknowledged cruelty within marriages, acknowledged cruelty within marriages, these were limited in their approach and these were limited in their approach and did not address the need for immediate did not address the need for immediate relief and support- a prime requirement of relief and support- a prime requirement of women facing domestic violence.women facing domestic violence.

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Why Separate Law of Domestic Why Separate Law of Domestic Violence?...contViolence?...cont

2) Due to embedded cultural values, 2) Due to embedded cultural values, even the limited legal remedies even the limited legal remedies available in cases of Violence available in cases of Violence Against Women (VAW), such as Against Women (VAW), such as Section 498A IPC, were restricted to Section 498A IPC, were restricted to married women.married women.

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Why Separate Law of Domestic Why Separate Law of Domestic Violence?...contViolence?...cont

3) There was no relief available to 3) There was no relief available to women in other domestic women in other domestic relationships such as mothers, relationships such as mothers, daughters, women in live-in daughters, women in live-in relationships and others facing relationships and others facing domestic violence.domestic violence.

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Why Separate Law of Domestic Why Separate Law of Domestic Violence?...contViolence?...cont

4) It is also important to note that 4) It is also important to note that registration of marriage was, and still is, registration of marriage was, and still is, not compulsory and that many marriages not compulsory and that many marriages were contracted under were contracted under personal/customary laws.personal/customary laws.

Therefore, prior to the enactment of a Therefore, prior to the enactment of a specific legislation that dealt with specific legislation that dealt with domestic violence, women were often domestic violence, women were often unable to prove existence of marriage and unable to prove existence of marriage and avail necessary remedies. avail necessary remedies.

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Why Separate Law of Domestic Why Separate Law of Domestic Violence?...contViolence?...cont

5) In India, one of the most commonly occurring 5) In India, one of the most commonly occurring problems in cases of domestic violence is the problems in cases of domestic violence is the dispossession of the dependent female from dispossession of the dependent female from the shared householdthe shared household..

In a patriarchal society such as ours, usually only In a patriarchal society such as ours, usually only male family members are given possession of the male family members are given possession of the premises and it therefore, becomes easier to premises and it therefore, becomes easier to dispossess the dependent wife, daughter, mother dispossess the dependent wife, daughter, mother and so on, as the case may be. and so on, as the case may be. This is specially so This is specially so because the Indian matrimonial regime does not because the Indian matrimonial regime does not confer property rights on a woman upon confer property rights on a woman upon marriage.marriage.

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Campaign for a law on domestic Campaign for a law on domestic violenceviolence

Many NGOs campaigned for change Many NGOs campaigned for change Lobbied with the government Lobbied with the government

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Protection of women from Domestic Protection of women from Domestic Violence Act 2005 (PWDVA)Violence Act 2005 (PWDVA)

The Protection of Women from The Protection of Women from Domestic Violence Act 2005. for the Domestic Violence Act 2005. for the first time, formally recognizes a first time, formally recognizes a women’s right to a violence free women’s right to a violence free home.home.

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What Does the PWDVA Provide?What Does the PWDVA Provide?1.1. Recognition of the Right to be free from violenceRecognition of the Right to be free from violence2.2. The PWDVA provides a declaration of a woman’s Right to The PWDVA provides a declaration of a woman’s Right to

reside in the shared householdreside in the shared household3.3. The right to obtain civil reliefs on violation of the rights The right to obtain civil reliefs on violation of the rights

recognised under the Actrecognised under the Act4.4. The Act provides a single window clearance system for The Act provides a single window clearance system for

women seeking legal redress, wherein an aggrieved women seeking legal redress, wherein an aggrieved woman can seek multiple reliefs in one single proceeding.woman can seek multiple reliefs in one single proceeding.

5.5. In recognition of the fact that women need more than just In recognition of the fact that women need more than just access to court, the law has put in place multiple support access to court, the law has put in place multiple support structures, such as Protection Officers, Service Providers structures, such as Protection Officers, Service Providers and shelter homes to support the woman in distress and and shelter homes to support the woman in distress and assist courts in justice delivery.assist courts in justice delivery.