<–2/”>a >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. The United Nations Declaration on the Elimination of Violence against Women, General Assembly Resolution, December 1993.
Domestic violence is one of the most common crimes against women which is inextricably linked to the perpetuation of patriarchy. Domestic violence refers to violence against women not only in matrimonial homes but also in live-in relationship. Domestic violence is recognized as the significant barrier in the path of Empowerment/”>Women Empowerment and also skews the democratic set up of the Polity. India has specifically legislated Domestic Violence Act in 2005 to reduce the violence against women but the same has bore mixed result as of now.
Domestic Violence: The term domestic violence includes elaborately all forms of actual abuse or threat of abuse of physical, sexual, verbal, emotional and economic nature that can harm, cause injury to, endanger the Health, safety, life, limb or well-being, either mental or physical of the aggrieved person. The definition is wide enough to cover child sexual abuse, harassment caused to a woman or her relatives by unlawful dowry demands, and marital rape.
Domestic violence can be physical, emotional, psychological, financial, or sexual. Being victimized by a situation of domestic violence can create feelings of helplessness and even self-doubt.
Physical abuse includes:
? pushing, throwing, kicking
? slapping, grabbing, hitting, punching, beating, tripping, battering, bruising, choking, shaking
? pinching, biting
? holding, restraining, confinement
? breaking bones
? assault with a weapon such as a knife or gun
? burning
? murder
Verbal or nonverbal abuse of a spouse or intimate partner may include:
? threatening or intimidating to gain compliance
? destruction of the victim‘s personal property and possessions, or threats to do so
? violence to an object (such as a wall or piece of furniture) or pet, in the presence of the intended victim, as
? a way of instilling fear of further violence
? yelling or screaming
? name-calling
? constant harassment
? embarrassing, making fun of, or mocking the victim, either alone within the household, in public, or in front of family or friends
? criticizing or diminishing the victim‘s accomplishments or goals
? not trusting the victim‘s decision-making
? telling the victim that they are worthless on their own, without the abuser
? excessive possessiveness, isolation from friends and family
? excessive checking-up on the victim to make sure they are at home or where they said they would be saying hurtful things while under the influence of drugs or alcohol, and using the substance as an excuse to say the hurtful things
? blaming the victim for how the abuser acts or feels
? making the victim remain on the premises after a fight, or leaving them somewhere else after a fight, just to ?teach them a lesson?
? making the victim feel that there is no way out of the relationship
Sexual abuse includes:
? sexual assault: forcing someone to participate in unwanted, unsafe, or degrading sexual activity
? sexual harassment: ridiculing another person to try to limit their sexuality or reproductive choices sexual exploitation (such as forcing someone to look at pornography, or forcing someone to participate in pornographic film-making)
Basic Features of the Domestic Violence Act, 2005
- Apart from the victim herself, the complaint regarding an act or act of domestic violence can also be lodged by any person who has a reason to believe that‘ such an act was committed or is being committed. This means that neighbors, social workers, relatives can also take initiative. And the provisions of the Domestic Violence Act make sure that no criminal, civil or any other liability‘ lies on the informer, if the complaint is lodged in good faith.
- The magistrate has been given powers to permit the aggrieved women to stay in her place of adobe and she can not be evicted by her male relatives in the retaliation.
- The respondent can be prohibited from dispossessing the aggrieved person or in any other manner disturbing her possessions, entering the aggrieved person‘s place of work, if the aggrieved person is a child, the school. Also magistrate can bar the respondent to communicate with aggrieved person by ?personal, oral, written, electronic or telephonic contact.
- The magistrate can impose monthly payments of maintenance. The respondent can also be ordered to meet the expenses incurred and losses suffered by the aggrieved person and any child of aggrieved person as a result of domestic violence. It can also cover loss of earnings, medical expenses, loss or damage to property. Under Sec 22 magistrate can make the respondent pay compensation and damages for injuries including mental torture and emotional distress caused by act(s) of domestic violence.
- Penalty up to one-year and/or a fine up to Rs. 20,000/- can be imposed under under the act. The offence is also considered cognizable and non-bailable while Sec 32 (2) goes even says that under the sole testimony of the aggrieved person, the court may conclude that an offence has been committed by the accused?.
- The act ensures speedy Justice as the court has to start proceedings and have the first hearing within 3 days of the complaint being filed in the court and every case must be disposed off within a period of sixty days of the first hearing.
- The act makes provisions for state to provide for protection officers and status of service providers‘ and ?medical facility‘.
- Chapter 4 Sec 16 allows the magistrate to hold proceedings in camera if either party to the proceedings so desires.
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The Domestic Violence Against Women (Prevention) Act, 2005 is an Act of the Parliament of India to provide for the protection of women from domestic violence. The Act defines domestic violence as “any act, omission or commission or conduct of a man, against a woman, who is or has been in a domestic relationship with him, causing or likely to cause her physical, sexual, emotional, economic or psychological harm, including threats of such harm, abuse of her financial or economic Resources, humiliating her in any manner, stalking her or any other conduct which harms or endangers her life, limb, health, safety, reputation or self-esteem.”
The Act provides for a number of measures to protect women from domestic violence, including:
- Protection Orders: A Protection Order is a court order that can be issued to protect a woman from domestic violence. A Protection Order can prohibit the abuser from contacting the woman, coming near her home or workplace, or harassing her in any way.
- Remedies: The Act provides for a number of remedies for women who have been victims of domestic violence, including compensation, maintenance, and custody of children.
- Enforcement: The Act provides for a number of measures to ensure that its provisions are enforced, including the appointment of Protection Officers and the establishment of Domestic Violence Courts.
- Miscellaneous: The Act also contains a number of miscellaneous provisions, such as the definition of domestic violence, the procedure for obtaining a Protection Order, and the penalties for violating the Act.
The Domestic Violence Against Women (Prevention) Act is an important piece of legislation that has helped to protect women from domestic violence in India. The Act has been successful in providing a number of measures to protect women, including Protection Orders, remedies, and enforcement mechanisms. However, there are still a number of challenges that need to be addressed in order to ensure that the Act is fully implemented and effective.
One of the challenges is that the Act is not well-known among women. Many women are not aware of the Act or its provisions. This can make it difficult for them to access the protection that the Act provides. Another challenge is that the Act is not always implemented effectively. There have been cases where Protection Orders have not been granted or have been violated. This can make it difficult for women to feel safe and secure.
Despite these challenges, the Domestic Violence Against Women (Prevention) Act is an important step in the fight against domestic violence in India. The Act has helped to raise awareness of the issue of domestic violence and has provided a number of measures to protect women. With continued efforts, the Act can be even more effective in protecting women from domestic violence.
In addition to the above, here are some other things that can be done to help prevent domestic violence:
- Raise awareness of the issue of domestic violence.
- Provide support Services for victims of domestic violence.
- Educate men about the harmful effects of domestic violence.
- Promote Equality/”>Gender Equality.
- Challenge stereotypes about women and violence.
- Hold perpetrators of domestic violence accountable for their actions.
What is domestic violence?
Domestic violence is any act of physical, emotional, sexual, or financial abuse that occurs between intimate partners. It can happen to anyone, regardless of age, race, religion, or socioeconomic status.
What are the signs of domestic violence?
There are many signs of domestic violence, but some common ones include:
- Your partner controls your spending or finances.
- Your partner isolates you from friends and family.
- Your partner threatens to hurt you or your loved ones.
- Your partner makes you feel like you’re worthless or unlovable.
- Your partner physically or sexually abuses you.
If you are experiencing any of these signs, it is important to seek help. You are not alone, and there are people who can help you.
Where can I get help if I am experiencing domestic violence?
There are many resources available to help victims of domestic violence. You can call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or visit their website at thehotline.org. You can also contact your local police department or a domestic violence shelter.
What is the law on domestic violence?
The law on domestic violence varies from state to state. However, in general, domestic violence is a crime. If you are a victim of domestic violence, you can file a police report and your partner may be arrested. You can also seek a restraining order to keep your partner away from you.
What can I do to protect myself from domestic violence?
If you are experiencing domestic violence, it is important to take steps to protect yourself. You can do this by:
- Leaving the situation if it is safe to do so.
- Calling the police.
- Seeking a restraining order.
- Contacting a domestic violence shelter or hotline.
- Talking to a trusted friend or family member.
It is also important to remember that you are not alone. There are many people who can help you.
Sure, here are some MCQs on the topics of domestic violence, women’s rights, and the law:
-
Which of the following is NOT a form of domestic violence?
(A) Physical abuse
(B) Emotional abuse
(C) Sexual abuse
(D) Economic abuse -
Which of the following is NOT a right of women under the law?
(A) The right to vote
(B) The right to own property
(C) The right to work
(D) The right to be beaten by her husband -
Which of the following is NOT a way to prevent domestic violence?
(A) Educating people about domestic violence
(B) Providing support services for victims of domestic violence
(C) Enforcing laws against domestic violence
(D) Marrying young -
Which of the following is NOT a way to promote women’s rights?
(A) Ratifying the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
(B) Enacting laws that protect women’s rights
(C) Providing Education and training on women’s rights
(D) Promoting gender equality in all spheres of life -
Which of the following is NOT a way to strengthen the law against domestic violence?
(A) Increasing the penalties for domestic violence
(B) Providing more resources for victims of domestic violence
(C) Making it easier for victims to obtain restraining orders
(D) Making it more difficult for perpetrators to obtain firearms
I hope these questions were helpful. Please let me know if you have any other questions.