!s Domestic violence act is effective

Posted by AMARJEET KUMAR
April 27, 2017

Self-Published

The Domestic Violence Act, 2005 was enacted from 20 October, 2006 to providing protection to the women against domestic violence. Now this law is going to complete 10 years and there is need to look at the success or failure of this much debated act. The Act provides for the first time in Indian law a definition of “domestic violence”, with this definition being broad and including not only physical violence, but also other forms of violence such as emotional/verbal, sexual, and economic abuse. Still situation is that even married women who have ever experienced spousal violence percentage in Bihar and Assam are 59%, 39.4% respectively[1]. This act was introduced in India for the speedy disposal of the cases with victims who faced cruelty by husbands or relatives. Though the Act stipulates disposal of cases within 60 days, in reality, it takes nearly six months and sometimes more than two years.[2] It would not be exaggeration to say that such law provided a legal protection against domestic violence but legal option has some social limitation also. Another aspect is that sometimes provisions of the Domestic Violence and Anti-Dowry Acts are being misused and several NGOs had also given reports supporting it[3]. Question arises about the effectiveness about law after 10 year.

Violence against women is an important subject for research and many radical feminist sociologist given view on patriarchal society and such tendency play main role in violence against women. “One is not born, but rather becomes, a woman”[5] such aspects deal with gender inequality in society. Many campaigns like ‘One Billion Rising for Justice’[6] are taking place against women violence. Some articles and reports on domestic violence show that Domestic Violence Act Fails to Serve Its Purpose[7]. Some questions also arise about Implementation of the Domestic Violence Act 2005 and effectiveness of law enforcement agencies[8]. Due to seriousness of such issue data on Protection of Women from Domestic Violence Act, 2005 has been collected for the first time in 2014. Ministry of Health and Family Welfare conducts ‘National Family Health Survey’ and collecting data on spousal violence. NGOs like Sangat Organization, Azaad Foundation, Gulabi Gang are working against gender inequality.

Many research works are being done on the violence against women and women safety. Their civil rights, education and fundamental rights are some of the prime areas of research in the contemporary scenario. Many feminist sociologists feel that violence against women is a social problem so law must analyze their social aspects. Data on Protection of Women from Domestic Violence Act, 2005 has been collected for the first time in 2014. A total of 426 cases were reported under this Act during 2014[9]. Another report shows situation is worse as spousal violence percentage rate in Bihar, Assam, Uttar Pradesh, Haryana is very high.[10] West Bengal’s domestic violence record is extremely unfortunate. According to NCRB data, the State reported 18116 cases of cruelty by husband or his relatives in 2013. West Bengal has recorded the highest number of cases and after that Rajasthan (15,094), Andhra Pradesh (15,084), Uttar Pradesh (8,781), Assam (8,636), and Gujarat (7,812), Maharashtra (8,542)[11]. So there is need to analyze the effectiveness of such policy and law which deals with protection of women from domestic violence.

 

 

 

[1] National Family Health survey -3 (2015-2016)

[2] Mili Anupama (2015) ‘Indian Express’ 19 Jan,2015

[3]Domestic violence act misused : center’, The Hindu 12 may, 2016

[5] Simone de Beauvoir(1949) ‘The Second Sex’

[6] Kamla Bhasin  Jamia Journal February 13, 2014

[7] Mili Anupama (january 2015) ‘Indian Express’

[8] Jhadhyala kameswari , ‘Economy and Political weekly’ Vol. 51, Issue No. 9, 27 Feb, 2016

[9] National Crime Record Bureau Report – 2014

[10] National Family Health survey -4 (2015-2016)

[11] http://ncrb.nic.in/StatPublications/CII/CII2014/chapters/Chapter%205.pdf 

 

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