INTRODUCTION:

Domestic violence against women is universal across the culture, religion, class and ethnicity. Despite this widespread nature of domestic violence, it is not customarily acknowledged and has remained invisible. This hidden nature of domestic violence against women remains so due to the social construction of the divide between public and private affairs. The law has historically considered the domain of the house to be within the control and unquestionable authority of the male-head of the household.

“Violence against women is a manifestation of historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women”¹.

Issues of violence against women got strength in March 1994 when U.N. commission on Human Rights condemned all act of violence against women and appointed a special reporter on violence against women with the great task of elimination of violence at the international, national and regional level. It also outlined action for government and communities to remove the curse of such practices.

One significant addition in the list for bringing awareness among the masses related to the problem of women was the adoption of historic convention CEDAW, the most conceptual advance, one of the great milestones in the promotion and protection of rights of women adopted by U.N. General assembly in 1979 'Convention on the Elimination of All Forms of Discrimination Against women, which further got the status of 'International Bill of Rights for women' Convention maintains, "Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women irrespective of their marital status on a basis of equality of men and women of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”² extent intent and objective of the act under the Domestic Violence, 2005 the word “violence” not merely include physical form of violence but include emotional, mental and financial and form of cruelty which harm or endangered the health safety life limb and well being of victims in this type of violence affect not only women but also her children and other member of the family before the enactment of protection of women from Domestic Violence, 2005 Act. the only remedy available to the victim to approach the court under Section 498A of Indian Penal Code, 1860 which provide for husband or relative of husband of women subjecting her to cruelty wherein certain set of offence dealing with cruelty to married women was the only recourses.²

To minimize the inconvenient position of Law weather procedural or substantive protection of women from Domestic Violence, Act 2005 was enacted and extend to whole of India to protect the Women from Domestic Violence the intention of legislature was further emphasis in the case of Indra Sharma Versus V.K.V Sharma³ where in it was stated that DV, Act 2005 is to provide remedy in civil law for the protection of women and to prevent the occurrence of Domestic Violence in the society along with this other relief available to victim women in legislation like IPC CRPC etc who are traced in a vulnerable situation who are placed in vulnerable situation was also discussed.

The Hon’ble Madrass High Court in case of Vandana Versus T. Shrikant observes that the Act was formulated to implement recommendation no. 12 of United Nation Committee on Convention on elimination of all form of discrimination against women 1989. And which was ratified by India in June 1993.

Bomaby High Court Retreated the objective of Domestic Violence Act, in case of Ishpal Singh Kahai Versus Ramanjeet Kahai⁴ and stated that the Act grant statutory protection to victim of violence in the Domestic sector who had no proprietary rights.

Forms of Violence:

I. “Physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force.

II. “Sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman.

III. “Verbal and emotional abuse” includes—

a) Insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and

b) Repeated threats to cause physical pain to any person in whom the aggrieved person is interested.

IV “Economic abuse” includes—

a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;

b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and.

c) Prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household. Explanation II.—For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence” under this section, the overall facts and circumstances of the case shall be taken into consideration.

Relief Available to victims under Protection of Women from Domestic Violence, Act 2005:

The remedies available under the Protection of Women from Domestic Violence, Act 2005 as provided from section 18 to 23 for the Aggrieved person. An aggrieved person either personally or through any other person on their behalf or protection officer can make an application to magistrate for the various relief which includes resident protection monetary and custody as well as for the compensation orders.

1. Section 17 of the Act gives all married women who are in a Domestic relationship the rights to reside in home the is known in a legal terms as the “Shared Household”, applies weather or nor she has any rights title or beneficial interest in the same.

2. Section 18 of the Act allow the magistrate to protect the women from act of violence or even acts that are likely to take place in future and can prohibit the respondent from dispossessing the aggrieved person or any other manner disturbing her possession if a husband violence any of the right of the aggrieved women it will be deemed a punishable offence .

3. Section 19 of the Act empowers the magistrate to pass residence order to aggrieved women. In addition to this aggrieved can seek relief alternate accommodation in terms of section 19 (1) f of the Act. And in such case concept of shared household would not be attracted.

4. Section 20 of the Act further empower to magistrate to pass order for monetary relief to the aggrieved from the respondent to meet the expenses incurred and losses suffered and further the maintenance of aggrieved person and her children including maintenance consist with the standard of living in addition to section 125 of Crpc, 1973.

5. Section 21 of the Act empowers the magistrate to grant temporary of the child to the aggrieved person and for the arrangement of visit of such child by the respondent.

6. Section 22 of the Act empowers the magistrate to grant compensation in addition to monetary relief as stated in section 20 of the Act.

7. Section 23 of the Act empowers the magistrate pass Ad-interim relief to aggrieved and magistrate can also pass ex-parte reliefs.

CONCLUSION:

Although objective of this Act, to protect the women from Domestic Violence has been secured but still certain portion of the law still remains to be developed the Act provide civil remedies to the aggrieved person. In addition to this Act also provide exhaustive remedies to counter the issue of Domestic Violence and certain terms and its interpretation needs to be developed the Act false shorts any relief to the male member in community who are subjected to the Domestic Violence the Act deal with the Domestic Violence regardless of the religion of the parties. It is thus secular in outlook in protecting women’s rights.

REFERENCE:

1. Kumar S, Devi K, Student L. Domestic Violence Against Women Indian Perspective. 5:12.

2. Domestic violence: An overview of Sec 498A IPC- A case report - IJFCM. Accessed August 29, 2021. https://www.ijfcm.org/html-article/13600

3. (2013) 15SCC 755

4. 2011 SCC Online Bom 412

Received on 30.08.2021 Modified on 21.09.2021

Res. J. Humanities and Social Sciences. 2021; 12(4):215-217.

DOI: 10.52711/2321-5828.2021.00037