In many countries, this ‘Domestic Violence’ term is in use to refer to intimate partner violence, and it also encloses child or elder abuse, or abuse by any member of a family.
It is an act of the Parliament of India sanctioned for the protection of women from domestic violence. Since 26 October 2006, the Indian Government and Ministry of Women and Child Development have enacted it.
This act defines domestic violence for the first time in Indian Law, including various forms of violence and physical violence along with emotional/verbal, sexual, and economic abuse. It is primarily meant for protection orders instead of criminal execution and is civil law.
- Definition:
As stated in the act, the affronted person is “any woman who is or has been in a domestic relationship with the respondent who alleges to have been subjected to domestic violence by the respondent.”
Here, respondent includes any adult male who has been or is in a domestic relationship with the aggrieved woman, and against whom the woman has sought relief or any male or female relative of the husband or male partner of a married woman or a woman in a relationship in the nature of marriage.
A domestic relationship is any relationship 2 persons have lived together in a shared household and these people are:
i) Related by consanguinity (blood relations).
ii) Related by marriage.
iii) Though a relationship in the nature of marriage (which would include live-in relationships).
iv) Through adoption.
v) Are family members living in a joint family.
According to the World Health Organisation, one in every three women across the globe experience physical and/or sexual violence by an intimate partner or sexual violence by an offender in their lifespan.
- Arrangement of Sections:
- Chapter 1 – Preliminary
- Gives a short title, the extent of the act, and the commencement of the law along with the definition not only for physical violence but also the various forms of such barbarity.
- Chapter 1 – Preliminary
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- Chapter 2 – Domestic Violence
- States the meaning of domestic violence, when the overall facts and circumstances of the case shall be taken into consideration.
- Chapter 3 – Powers and Duties of Protection Officers, Service Providers, etc.
- Provides the aggrieved person the rights for protection, accommodation, medical facilities, and many such services.
- Chapter 4 – Procedure for Obtaining Orders of Reliefs
- Chapter 5 – Miscellaneous
- Aids in protection of the complaint by the litigator, giving the central government to make rules for carrying out the provision, and many more.
- Chapter 2 – Domestic Violence
- Causes of Domestic Violence:
- Patriarchy – Few individuals have a traditional belief that they have the right to dominate their partner and that women aren’t equal to men.
- Societal Influence – Many people get influence by the surrounding, the way their family or people in the community behave has a devastating impact and gives a rise to such behavior as they grow up.
- Economic Causes – Alcohol addict, unemployment, drug addiction such kind of unhealthy practices also tend to contribute to violent behaviour.
- Individual Factor – Some perpetrators may feel there is a need to have control over their partner to satisfy their ego, having low self-esteem, when unable to overcome regulating anger.
- Way Forward:
In this advanced world, there is still an upsurge recorded in the field of domestic violence moreover, in the pandemic it got back support for the culprits to proceed in this direction and in this context:
a) The state government should declare helplines that are available 24*7 and operate during the lockdowns.
b) With the assistance of media, the services and available can be publicized and encourage the even-handed sharing of tasks at home.
c) Further, increasing the resourcing of NGOs that respond to domestic violence and providing aid like shelter, counselling, legal support to the survivors.
d) Empowering women through educations, awareness regarding the aid provided by the government, life-determining decisions.
e) Finally, the legal actions must be done properly, the respondent of domestic violence must be brought to trial and repeated perpetrators must be dealt with strictly.
- Resources:
- Wikipedia
- Times Of India
- Legislative Department, Ministry of Law and Justice
26 June 2021
Saturday