Apr 17

Remedies available to women against Domestic Violence

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Women are always considered as physically and emotionally weaker than men. Whereas at present women have proved themselves in almost every field of life affirming that they are no less than men. Due to their hard work whether at home or working places. Behind closed doors of homes all across our country, women are being tortured, beaten and killed. It is happening in rural areas, towns, cities and in metropolitans as well. It is crossing all social classes, genders, racial lines and age groups.But offences against women reflects the pathetic reality that women are just not safe and secure anywhere.

The term used to describe this exploding problem of violence within our homes is ‘Domestic Violence’. This violence is towards someone who we are in a relationship with, be it a wife, husband, son, daughter, mother, father, grandparent or any other family member. It can be a male’s or a female’s atrocities towards another male or a female. Anyone can be a victim and a victimizer. This violence has a tendency to explode in various forms such as physical, sexual or emotional. ‘Domestic Violence’ includes harms or injuries which endangers women’s health, safety, life, limb or well being, whether mental or physical. It may also be through physical, sexual, verbal, emotional and economic abuse.

According to ‘United Nation Population Fund Report’, around two-third of married Indian women are victims of Domestic Violence attacks and as many as 70 per cent of married women in India between the age of 15 and 49 are victims of beating, rape or forced sex.

What amounts to domestic violence against women?
Domestic Violence undoubtedly is a human rights issue where it is very important to know what actually leads to act of domestic violence. The most common causes for women stalking and battering include arguing with the partner, refusing to have sex with the partner, neglecting children, going out of home without telling the partner, not cooking properly or on time, indulging in extra marital affairs, not looking after in-laws etc.

Exploitation of women is prevalent in society in form of demanding more dowry, discrimination of women, alienation of women’s self acquired property fraudulently, torture by husband and in-laws,cruelty by husband or in-laws mentally or physically, abusing & insulting by using vulgar language, sexual harassment, molestation, immoral traffic, rape, sodomy and all other inhuman acts. In all above stated causes women are subjected to torture and will be considered as the aggrieved person. Usually violence takes place due to lack of understandings between the couple as well as in the family.

Remedies available.

To prevent violence against women and to protect the rights of aggrieved women, the legislation ‘The Protection of Women from Domestic Violence Act, 2005’ was passed by the parliament. According to this act every women who have been deprived of their right to life by the act of husband or relatives of the husband, can file a complaint to the protection officer, police officer or magistrate in the form of ‘Domestic Incident Report’ (Similar to FIR). Complaint can be filed by the victim /aggrieved person or relatives, it will be considered as the prima-facie evidence of the offence. Every ‘Domestic Incident Report’ has to be prepared by the Protection Officer which will assist in the further investigation of the incidence. The protection officer will pass certain orders i.e. protection of the women, custody of respondent and order of monetary relief to the victim.

Adv. Sheetal Raghuvanshi

Advocate

  1. Dilip Parihar 18 Apr 2016 | reply

    One of the best step ahead for society, by exploring the legal awareness.

  2. Dilip Parihar 18 Apr 2016 | reply

    Really, this is good step ahead, as awareness is the only key to stand in society.

  3. Rekha Bokadia 18 Apr 2016 | reply

    Good Job Sheetal Ji -“Violence is violence and can in no way be misconstrued as discipline under any circumstance cultural or otherwise.”

  4. Adorable step for society & for Law field as well …………Keep Going 🙂

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