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Shvoong Home>Law & Politics>Family Law>Protection of Women From Domestic Violence Summary

Protection of Women From Domestic Violence

Article Summary   by:SureshSharma     Original Author: S.K. Sharma
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PURPOSE OF LEGISLATION: Domestic violence is undoubtedly a human rights issue and serious deterrent to development. The Vienna Accord of 1994 and the Beijing Declaration and The Platform for Action ( 1995) have acknowledged this. The United Nations Committee on Convention on All Forms of Discrimination Against Women ( CEDAW) in its General Recommendations No. XII( 1989) has recommended that State Parties should act to protect women against violence of any kind especially that occurring within the family. The phenomenon of domestic violence is widely prevalent but has largely remained invisible in the public domain. Before the enactment of the PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT , 2005, , where the woman was subjected to cruelty by her husband or her relatives, he was tried under Section 498 A of the Indian Penal Code. The civil law did not address itself to this phenomenon in its entirety. The law on the subject has been enacted keeping in view the rights guaranteed under Articles 14, 15 and 21 of the Constitution to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence in the society. CONTENTS OF LEGISLATION: It defines “shared household “ under section 2(s) and covers those woman who are or have been in a relationship with the abuser where both parties have lived together in a shared household and related by consanguinity, marriage or through a relationship in the nature of marriage or adoption. In addition, relationships with family members living together as a joint family are also included. Even those women who are sisters , widows, mothers, single women, or living with the abuser are entitled to protection. Act enables wife or female living in a relationship in the nature of marriage to file a complaint against any relative of the husband or the male partner, it does not enable any female relative of the husband or the male partner to file a complaint against the wife or the female partner. Section 3 defines the expression “ domestic violence” to include actual abuse or threat or abuse that is physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the woman or her relatives is also covered under the definition of domestic violence. Section 17 provides right to reside in a shared household. It provides for the rights of a woman to secure housing . It also provides for the right of a woman to reside in her matrimonial home or shared household., whether or not she has any title or rights in such home or household. The right is secured by a residence order, which is passed by the Magistrate. Section 18 empowers the Magistrate to pass protection orders in favor of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the aggrieved person, attempting to communicate with her , isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from domestic violence .Section 21 makes provision for custody orders and compensation orders ca n be passed under section 22. The Act provides for appointment of Protection Officers and registration of non- governmental organizations as service providers for providing assistance to the aggrieved person with respect to her medical examination, obtaining legal aid, safe shelter etc CONCLUSION: The PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT , 2005, is a beneficial legislation and has played an important part as an instrument of social control. With the enactment of the statute , there is decline in the violence in domestic relationship due to the stringent punishment provided under Act depending upon gravity of the offence committed . It has checked to a great extent the extortion of money demands from the side of the husband from the wife or her relatives .

Published: September 11, 2011   
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