Chandana.L
The United Nations adopted the Convention on the Elimination of all forms of discrimination against women (CEDAW) in the year 1979. It is an international treaty which is working towards eliminating violence against women in public and private life. The World Conference on Human Rights held in June 1993 in Vienna, Austria laid down the extensive groundwork for eliminating violence against women.
The Constitution of India also states that every woman has a right to live with dignity. Domestic violence occurs in almost all geographic areas of India and all socio-economic and cultural groups. Each day millions of women are prone to verbal abuses and assaults at home.
What constitutes domestic violence?
Domestic violence is also named as domestic abuse, battering or family violence. It is a pattern of behaviour which involves brutality or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation.
According to Section 3 of the Protection of Women from Domestic Violence Act, 2005 the following constitutes domestic violence:
Domestic violence takes place both in heterosexual and same-sex family relationship and can also involve violence against children in the family. In some countries, domestic violence is justified and legally permitted when there is an actual case of infidelity on part of the woman. Domestic violence occurs when the abuser believes that abuse is acceptable, justified or unlikely to be reported.
Against whom the complaint can be filed?
The Protection of Women from Domestic Violence Act, 2005 covers all women who may be a mother, sister, wife, widow, partners living in a shared household. The relationship may either be in the nature of marriage or adoption. In addition relationships with family members living together as a joint family are also included.
Any woman who alleges to have been subjected to any act of domestic violence by the offender or any other person on her behalf may file a complaint to the magistrate.
A child is also included and can also seek relief under Protection of Domestic Violence Act, 2005. The complaint can be filed by the mother of the child on behalf of the minor child.
Remedies available to women under the Protection of Women from Domestic Violence Act, 2005
Earlier, a married woman could get only two remedies when subjected to abuse:
To get a decree of divorce under personal laws.
By resorting to Section 498-A.
In both the cases, she could not get much of the relief except that in the former case she could get rid of her abusive husband and later she could get her husband or any relatives of the husband who is guilty of cruelty be punished.
As the remedies were dissatisfying to women, the majority of women chose to suffer in silence. There was no emergency relief available to women. Hence, the Protection of Women from Domestic Violence Act, 2005 was passed for more effective protection of the rights of women guaranteed under the constitution of women who are victims of violence of any kind occurring within the family.
By enacting the Protection of Women from Domestic Violence Act 2005 the definition of woman covers the bride as well as the woman related to the male in terms of family relations.
The Protection of Women from Domestic Violence Act, 2005 covers those women who are or have been in a relationship with the abuser where both the parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption; in addition relationship with family members living together as a joint family are also included.
Further, those women who are sisters, widows, mothers, single women, or living with the abuser are also entitled to get protection under this act.
Reliefs available under the Act:
The said Act also included a wide range of orders and reliefs that can be passed by the magistrate favouring the aggrieved person. The magistrate if satisfied that domestic violence has taken place may pass the following orders:
Counselling
Protection orders
Residence order allowing the aggrieved to share the household
Monetary relief in the form of paying maintenance, damages etc.
Custody orders
Compensation orders
Penalty for non-compliance
If the respondent breaches the protection order or interim protection order passed by the magistrate, it shall be regarded as an offence and shall be imprisoned for a term which may extend to one year or imposed with fine which may extend to twenty thousand rupees or both.
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