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WOMEN RIGHTS

Domestic violence norms Time to speak up court for a decree of divorce or initiate
The Domestic Violence Act (The Pro- In the case of Bhartiben Bipinbhai Tam- prosecution in the criminal court for
tection of Women from Domestic Vio- boli v. State of Gujrat and ors. while ex- the offence punishable under Section
lence Act, 2005), guarantee protection tensively discussing the provisions un- 498A of IPC. In both the proceedings,
to women from domestic violence. The der the Domestic Violence Act, the High no emergency relief is available to the
Act provides protections to women not Court of Gujarat remarked: victim. Also, the relationships outside
only against physical violence, but also “The domestic violence in this Coun- the marriage were not recognized. This
other forms of violence — emotional, try is rampant and several women en- set of circumstances ensured that a
verbal, sexual, and economic abuse. The counter violence in some form or the majority of women preferred to suffer
civil law which extends to the whole other or almost everyday. However, it in silence, not out of choice but of com-
of India except in Jammu, Kashmir is the least reported form of cruel be- pulsion. Having regard to all these facts,
and Ladakh, is primarily for “protec- haviour. A woman resigns her fate to the Parliament thought fit to enact Do-
tion orders and not meant to penalise the never ending cycle of enduring vio- mestic Violence Act. The main Object
criminally.” lence and discrimination as a daughter, of the Act is protection of women from
As per a NCRB report, a total of 437 a sister, a wife, a mother, a partner, a violence inflicted by a man or/and a
cases have been reported under Pro- woman. It is a progressive Act, whose
tection of Women from Domestic sole intention is to protect the women
Violence Act in 2016. Bihar reported irrespective of the relationship she
the highest number of cases (171 cases) The issue of domestic shares with the accused. The definition
followed by Kerala(111 cases). Kerala violence is commonly of an aggrieved person under the Act is
showed the highest crime rate (1.00). All so wide that it taken within its purview
the Union Territories reported a crime treated as ‘one’s personal even women who are living with their
rate of 0 with zero cases reported un- partners in a live in relationship.
der this crime. matter’ rather than abuse One in every 3 women is a victim of
Then, there is Section 498A of the in the society due to which domestic violence that occurs almost
Indian Penal Code that provides a everyday in India. It is unlikely that all
broader definition to domestic vio- women are still subjected cases would get reported due to the
lence. The offence under Section 498A to discrimination, stigma attached to the word divorce
is cognizable, non-bailable and non- and separation. Women are scrutinised
compoundable (This exception is in harassment and various and humiliated for being divorced as
Andhra Pradesh, where 498A was abuses, be it at home the society judges them through the
made compoundable. prism of obsolete dogmas.
As per Section 498A (IPC): Husband or workplace. Whether Though many reports and findings
or relative of husband of a woman sub- it is family, relatives or give tall claims that the percentage of
jecting her to cruelty.— Whoever, be- divorce rate has decreased in past few
ing the husband or the relative of the friends, we rarely see them years, but in reality, the divorce rates
husband of a woman, subjects such are on the rise — all thanks to wom-
woman to cruelty shall be pun ished interfering in such matters en’s resilience against the domestic
with imprisonment for a term which violence and the stigma connected to
may extend to three years and shall also single woman in her lifetime. This non- it, which is happening because more
be liable to fine. Explanation. — For the retaliation by women coupled with the number of women are becoming self-
purpose of this section, “cruelty” means absence of laws addressing women’s aware of their rights and speaking up.
— any wilful conduct which is of such a issues, ignorance of the existing laws Women are also becoming increas-
nature as is likely to drive the woman to enacted for women and societal atti- ingly financially-independent unlike
commit suicide or to cause grave injury tude makes the women vulnerable. The old times. They no longer want to ac-
or danger to life, limb or health (wheth- reason why most cases of domestic vio- cept abuse as ultimate fate of their life.
er mental or physical) of the woman; lence are never reported is due to the However, until the society engages
or harassment of the woman where social stigma of the society and the at- in aggressive discussion on domestic
such harassment is with a view to titude of the women themselves, where violence, addresses domestic violence
coercing her or any person related to women are expected to be subservient, with stringent punishment to the ac-
her to meet any unlawful demand for not just to their male counterparts but cused, many women would hesitate
any property or valuable security or also to the male relatives.Till the year to come out and report or speak up
is on account of failure by her or any 2005, the remedies available to a vic- against their harasser.
person related to her to meet such tim of domestic violence were limited.
demand. The women either had to go to the civil LETTERS@TEHELKA.COM

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