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Shvoong Home>Law & Politics>THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE Summary

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE

Article Summary   by:ashok priyadarshi     Original Author: Ashok Priyadarshi
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THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE
By Ashok Priyadarshi

In the present scenario domestic violence has become an issue of human rights. This has been acknowledged in the Vienna Accord of 1994, the Beijing Declaration, and the Platform for Action (1995). The United Nations committee on convention on elimination of all forms of discrimination against women in its general recommendation no. XII (1989) had also recommended that state parties to protect women against violence of any kind especially happening and occurring within the family. The phenomenon of domestic violence has been widely prevalent, but largely invisible and it was being felt for an enactment from the protection of victim women . This discriminatory norm has brought inequality, putting the female at the risk of several forms of violence and empowering them under the law was essential.. Domestic violence is a silent crime and the females do not reveal it under the veil of shame, family dignity, further abuse on them and their children and the perpetual abusers are the close relates of the women. The Indian Penal Code under section 498A declares subjection of cruelty to women by her husband or his family members or relatives as an offence and accords punishment to the wrong doer. Section 304B was introduced to punish the offence of dowry deaths. . Section 174 of the Code Of Criminal Procedure gives the police a right for investigation by the police in case of suicide committed by the a female or its death occurring in suspicious circumstances with 7 years of marriage. Similarly section 113 and 133B has been inserted in the Indian Evidence Act giving a court a right to presume, that a suicide by a female within 7 years of her marriage due to cruelty by her husband or his relatives, has been abetted by them. The civil law was silent on the point and the rights of the female were being denied The Protection Of Women From Domestic Violence Act, 2005 has been enacted for giving more effective protection of women''s right guaranteed under articles 14, 15, and 21of the India Constitution. It provides for a remedy under the civil law protecting the women from being victims of domestic violence and to prevent its occurrence within the family and for the matters connected therewith or incidental thereof and if any act of violence in the house, including differential treatment with girls, wife beating and abuse, torture of daughter- in- laws and neglect of widows in the family. The Act covers any women who have been in a domestic relationship with the person who is alleged to have done any act of domestic violence and also brings any person below the age of 18 years including adopted foster, or step child under its definition of a child. Domestic violence includes any thing which harms or injury or endangers the health, safety life limb mental or physical of the aggrieved person or intends to do physical abuse sexual abuse, verbal and emotional abuse and economic abuse The law empowers any person, who has reasons to believe that a domestic violence has been committed or going to be committed give information to the protection and makes the police officer, service provider magistrate duty bound to inform the aggrieved the right to make an application for obtaining protection order, monetary relief, custody order, compensation, and provide services of service providers, protection officers.
free legal aid and filing of case under section 498A of the I.P.C. A shelter home along with medical facility is provided for those aggrieved, who will be requiring on the request of protection officer, appointed by the state government, who possibly is a woman. Her duty is a) to assist the magistrate in discharging his duty., b) To report of the domestic incident to the magistrate and provide help of service provider report to the nearest police station of the incident of domestic violence c) make an application to the magistrate if the aggrieved desires, clms relief for issuance of a protection order. Registered social organization can function as service providers for providing legal aid and maintain a list of safe shelter homes A complaint before a magistrate of first class can be made under the Act and it can be filed by the aggrieved person himself or by the protection officer or the service provider in the prescribed form with the relief''s prayed for. The magistrate at any stage of the proceeding order for counseling, take help of welfare experts in the disposal of the complainants. He can order to provide residence to the victim if she has been displaced and grant monetary relief with a caution that the amount award should be reasonable and paid within the specified time. Further take cognizance under section 498A of the Indian Penal Code as well as under the provisions of the Dowry Prohibition Act, 1961 The proceedings are to be held in camera and the magistrate may pass orders for right to reside in a shared household in the house owned or hired by the husband, protection order to the aggrieved person and custody orders for minors and on violation of impose fine and imprisonment of one year or both. The relieves under this Act will be in addition to the other prayers before the civil court, family court or a criminal court ,the orders passed are appeal able,
Published: May 29, 2007   
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