domestic violence act 2005 essay

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Domestic abuse
Domestic Violence Act

The Protection of Women from Domestic Violence Act, 2005

This article is written by Abanti Bose , studying from Amity University Kolkata, India. This article provides an exhaustive understanding of the Protection of Women from Domestic Violence Act, 2005.

It has been published by Rachit Garg.

Table of Contents

Introduction

Women form the largest group of victims of domestic violence since time immemorial and violence against women still continue even in the 21st century. Women from every social background irrespective of their age, religion, caste, or class fall victim to domestic violence. However domestic violence is not just limited to women; men, children and elderly people can also be victims of it. Domestic violence occurs at all levels of society and in all population groups.

In India, 30% women have experienced domestic violence at least once from the age of 15, and around 4 percent of pregnant women have even experienced spousal violence during pregnancy.

Domestic violence: a social evil

The offence of domestic violence is committed by someone in the victim’s domestic circle. It includes family members, relatives, etc. The term domestic violence is often used when there is a close cohabitating relationship between the offender and the victim. The various forms of domestic violence include senior abuse, child abuse, honour-based abuse such as honour killing, female genital mutilation, and all forms of abuse by an intimate partner.

In the 21st century, various steps are incorporated to address the social issue of domestic violence. Governments all across the globe have taken proactive measures to eradicate domestic violence. Furthermore, the media, politicians and campaigning groups have aided people to acknowledge domestic violence as a social evil.

In India domestic violence is governed by the Protection of Women from Domestic Violence Act, 2005 and it is defined under Section 3 , which states that any act, commission, omission or conduct of a person harms or injures or endangers the health or safety of an individual whether mentally or physically it amounts to domestic violence. It further includes any harm, harassment or injury caused to an individual or any person related to that individual to meet any unlawful demand would also amount to domestic violence.

Objectives of the Domestic Violence Act, 2005

The objectives of the Protection of Women from Domestic Violence Act, 2005 is to serve the following purposes:

To identify and determine that every act of domestic violence is unlawful and punishable by law.
To provide protection to victims of domestic violence in the cases such acts occur.
To serve justice in a timely, cost-effective, and convenient manner to the aggrieved person.
To prevent the commission of domestic violence and to take adequate steps if such violence occurs.
To implement sufficient programmes and agendas for the victims of domestic violence and to guarantee the recovery of such victims.
To create awareness among the people about domestic violence.
To enforce harsh punishment and must hold the culprits accountable for committing such heinous acts of violence.
To lay down the law and govern it in accordance with the international standards for the prevention of domestic violence.

Essential provisions of the Domestic Violence Act, 2005

Appointment of protection officers.

Protection Officers are appointed by the State Government. The number of Protection Officers may vary from district to district depending on the size and necessity. The powers and duties which are to be exercised by the Protection Officers are laid down in confirmation with the Act. The Protection Officers must be women as far as possible and shall possess requisite qualifications and experience as may be prescribed under the Act.

Powers and functions of Protection Officers

The powers and functions of Protection Officers include the following:

To assist the Magistrate in order to discharge their duties in accordance with the Act.
To make a domestic violence incident report to the Magistrate after receiving any such incident of domestic violence and must also forward the copies to the police officer in charge of the police station having jurisdiction over the incident.
To make the application in the prescribed order to the Magistrate if the aggrieved person claims relief for issuance of the protective order.
To make sure that the aggrieved person is provided free legal aid under the Legal Services Authorities Act, 1987 .
To maintain a detailed list of all the service providers providing legal aid or counselling, shelter homes and medical facilities in a local area within the jurisdiction of the Magistrate.
To get the victim medically examined, if she has sustained any bodily injuries and forward such a report in the prescribed manner to the Magistrate and the police station having jurisdiction.
To find a safe available shelter home for the victim if she requires and send the details of her lodging in the prescribed manner to the Magistrate and the police station having jurisdiction.
To ensure that the order of monetary relief to the victims is complied with under this Act.

Powers and functions of service providers

Section 10 of the Act, lays down the functions and duties of service providers. Service providers are defined under the Act as any voluntary association registered under the Societies Registration Act, 1860 or a company that is registered under the Companies Act, 1956 which aims to protect the rights of the women lawfully by providing legal aid, medical, financial or other assistance. The powers and duties of service providers are mentioned below.

A service provider has the authority to record any incident of domestic violence and forward it to the Magistrate or Protection Officer having jurisdiction where the incident of domestic violence took place.
The service provider must get the aggrieved person medically examined and forward such a report to the Protection Officer, Magistrate and the police station within the local limits where the domestic violence took place.
It is also the responsibility of the service providers to provide a shelter home to the victim if they require one and forward the report of lodging of the victim to the police station having jurisdiction.

Duties and functions of police officers and Magistrate

Section 5 of the Protection of Women from Domestic Violence Act, 2005 lays down the duties and functions of police officers and Magistrate. It states that when a police officer, service provider or Magistrate receives a complaint of domestic violence, an incident of domestic violence is reported to him or he is present at the scene of occurrence of domestic violence then they should take the following steps:

They are required to inform the victim about her rights to make an application for receiving relief by way of protection order, order for monetary relief, custody order, residence order, compensation order, etc.
They should inform the victim of the accessibility of services of the service providers.
The victim should be informed about the services and duties of the Protection Officers.
They should also inform the victim about her right to free legal services under the Legal Services Authorities Act, 1987 and her right to file a complaint under Section 498A of the Indian Penal Code, 1860 .

Duties of shelter homes and medical facilities

If any victim of domestic violence requires a shelter home then under Section 6 of the Act, the person in charge of a shelter home will provide suitable shelter to the victims of domestic violence in the shelter home.

Further Section 7 of the Act lays down that if an aggrieved person requires medical assistance then the person in charge of the medical facility will be providing such assistance to the aggrieved person.

Duties of the Government

The Act further lays down certain provisions stating the duties and functions of the Government. Such duties include;

The provisions of this Act must be given wide publicity through public media so that the citizens of our country are well aware of such provisions.
Both the Central and State Governments officers such as the police officers and the members of the judicial services must be given periodic sensitization and awareness training regarding the provisions of the Act.
Both the Central and State Governments must also ensure that the protocols for the various Ministries concerned with the delivery of services to women under this Act are diligently followed.

Application to the Magistrate

The aggrieved person, the Protection Officer of that locality or any other person on behalf of the aggrieved person shall make an application to the Magistrate claiming one or more reliefs under this Protection of Women from Domestic Violence Act, 2005. The application must contain all the necessary details as prescribed by the Act.

The Magistrate will fix the date of hearing which shall not extend more than three days from the date of receiving the application. Furthermore, the Magistrate must also aim to dispose of all the applications made under Section 12 of the Act within a period of sixty days from the date of its first hearing. Moreover the Protection of Women from Domestic Violence Act, 2005 authorises the Magistrate to grant the following orders and reliefs.

Monetary reliefs

While disposing of the application the Magistrate may ask the respondent to pay monetary relief to meet the expenses incurred and the losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include the loss of earnings of the victim, medical expenses, the loss caused due to damage or destruction of any property, the maintenance of the aggrieved person and her children as required under Section of the Criminal Procedure Code.

The monetary relief granted must be fair and adequate and must be in accordance with the standard of living of the aggrieved person.
The Act authorises the Magistrate to grant a fitting lump sum payment or monthly payments of maintenance as required by the aggrieved person.
The Magistrate shall direct the copy of the order for the monetary relief to the in charge of the police station having jurisdiction.

The respondent must pay the monetary compensation to the victim within the stipulated and if they fail to do so then the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the victim or deposit with the court a portion of wages, salaries, or debt due to the respondent and the amount could be adjusted at the end of the completion of monetary relief.

Section 22 of the Act also stipulates that the respondent will be liable to pay compensation to the victim for causing any damage or injury including mental torture and emotional distress as directed by the Magistrate.

Custody orders

Under Section 21 of the Protection of Women from Domestic Violence Act, 2005 when the Magistrate receives an application concerning domestic violence, he has the authority to direct the custody of any child or children to the victim or the person making the application on behalf of the victim.

Protection orders

If the Magistrate is satisfied that domestic violence has taken place then they may pass a protection order in favour of the aggrieved person to prevent the respondent from committing any acts of domestic violence or abetting any acts of domestic violence. The Magistrate may also prevent the respondent from contacting the aggrieved person, entering the place of employment of the aggrieved person or causing violence to the dependants or relatives of the aggrieved person.

Residence order

Under Section 19 of the Act if the Magistrate is satisfied that domestic violence has occurred then the Magistrate may pass a residence order restraining the respondent from disturbing the possession of the aggrieved person from the shared household, or to withdraw himself from the shared household restraining the respondent or any of his relatives from entering the shared household and prohibiting the respondent from repudiating his rights in the shared household.

Jurisdiction and procedure

The court of Judicial Magistrate of the first class or the Metropolitan Magistrate of the area has the jurisdiction to hear cases under this Act. However, Section 27 of the Act states the following factors;

The aggrieved person permanently or temporarily resides or carries out business in that area.
The respondent resides, carries on business or is employed within the local limits of the area.
The competent court will be liable to grant protection orders or any other orders as the case may be.

Section 28 of the Act states that all the proceedings arising under this Act shall be governed by the provisions of the Code of Criminal Procedure, 1973 .

Legislative intent of the Domestic Violence Act, 2005

The legislative intent of enacting the Protection of Women from Domestic Violence Act, 2005 has been meticulously discussed in the case Indra Sarma v. V.K.V.Sarma . It was stated that the reason for the legislation to enact such an Act is to provide protection of rights of women who are victims of violence of any type occurring in the family. This Act safeguards women from facing violence within the four walls of their home.

The Madras High Court in the case, Vandhana v. T. Srikanth further stated the Protection of Women from Domestic Violence Act, 2005 “is an Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto”.

The Act plays a critical role in the Indian legal system vis-a-vis protecting the rights of the women, so that they can feel protected and safe within the comfort of their own house. It is an exhaustive piece of legislation as it lays down the powers and duties of the various authorities, reliefs available to the victims, steps to filing a complaint regarding domestic violence, assistance provided to the victims of domestic violence, power and extent of the Indian Judiciary and the power of the Central Government to make rules. The Act provides civil remedies to the victims of domestic violence. And prior to the enactment of the Act, the victims of domestic violence sought civil remedies such as divorce, custody of children, injunctions in any form or maintenance only by taking recourse to civil courts. Therefore, the Act brought about necessary changes in the Indian legislature.

Although the Act has incorporated essential steps to safeguard women from domestic violence it fails to provide any remedies for the male members of the family and it also fails to recognize the cohabiting and marital relationship between the members of the LGBTQ+ community. Hence, these must be included in the Act to totally eradicate domestic violence as a necessary evil from Indian society.

https://www.scconline.com/blog/post/2020/07/27/law-on-domestic-violence-protection-of-women-from-domestic-violence-act-2005/
https://www.indiacode.nic.in/bitstream/123456789/15436/1/protection_of_women_from_domestic_violence_act%2C_2005.pdf
https://sunderlandsocialsciences.wordpress.com/2018/09/21/how-is-domestic-violence-a-social-problem/

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Protection Of Women From Domestic Violence Act 2005

Protection of Women from Domestic Violence Act, 2005

The Protection of Women from Domestic Violence Act, 2005 was enacted by the Parliament of India to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and other related incidents.

This article will discuss one of the important acts enacted – Protection of Women from Domestic Violence Act, 2005 in the context of the IAS Exam .

This topic is useful for both GS Paper I (for understanding the Indian society) and GS Paper-II of the UPSC Syllabus .

The candidates can read about other important acts related to women’s rights and issues from the links provided below:

What does Domestic Violence mean?

It can be termed as Domestic violence in case it harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse.
The Act recognizes domestic violence as a human rights violation.
It recognises a woman’s right to live in a violence-free home.
To realize this right, the Act recognises a woman’s right to residence and her right to obtain protection orders under the law.

Types of Domestic Violence

Under this Act, domestic violence includes the following:

Physical abuse – It 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.
Sexual abuse – It includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of a woman.
Insults, ridicule, humiliation, name-calling and insults or ridicule specially with regard to not having a child or a male child; and
Repeated threats to cause physical pain to any person in whom the aggrieved person is interested.
Economic abuse – It includes activities such as not providing money for maintaining the woman or her children, not providing food, clothes, medicines, etc., deprivation of all or any economic or financial resources, forcing the woman out of the house, preventing from accessing or using any part of the house, preventing or obstructing one from carrying on employment, etc.,

Read more about Violence Against Women: RSTV – Big Picture , from the linked article.

preparation now and complement it with the links given below:

Salient Features of Protection of Women from Domestic Violence Act, 2005 (PWDVA)

Recognising that a woman requires assistance with legal procedures and other forms of support, the PWDVA allows for the appointment of Protection Officers, and recognises the role of Service Providers in providing medical, shelter, legal, counselling and other kinds of support services.

This act provides only temporary and emergency relief.
It is a law in response to the needs of the woman.
It has certain crossovers from civil to criminal law – so when the protection order or Magistrate’s order is violated, the criminal law will start.
The shelter homes and the medical facility are under a legal obligation to provide shelter or medical facility to the aggrieved person.
The Act does not make any changes in the existing personal law regime on family matters.
The reliefs under the Act are in addition to existing laws and have been recognised with the objective of empowering a woman to tide over an emergency situation.
Having obtained relief under the law, a woman can still go for relief under other laws later.
The Act includes provisions for making Domestic Incident Reports, which will serve as important records at the stage of evidence taking.
The manner in which the applications for orders under the Act have also been mentioned in the Act.
Finally, the Act provides that the breach of an order obtained is a criminal offence.

Role of Government

The Central Government and every State Government, shall take all measures to ensure that:

The provisions of this Act are given wide publicity through public media including television, radio and print media at regular intervals.
The Central Government and State Government officers, including the police officers and the members of the judicial services, are given periodic sensitisation and awareness training on the issue addressed by this Act.
Effective coordination between the services provided by concerned Ministries and Departments dealing with law, home affairs including law and order, health and human resources to address issues of domestic violence are established and periodical review of the same is conducted.
Protocols for the various Ministries concerned with the delivery of services to women under this Act, including the courts, are prepared and put in place.

To read about the List of Important Acts that Transformed India , check the linked article.

Protection of Women from Domestic Violence Act, 2005 [UPSC Notes]:- Download PDF Here

FAQ-about-Protection-of-Women-from-Domestic-Violence-Act,-2005

FAQ about Protection of Women from Domestic Violence Act, 2005

What is a domestic relationship, who can file a complaint in matters of domestic violence, what is a domestic incident report.

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Critical Analysis of Domestic Violence Act, 2005

8 Pages Posted: 15 May 2011

Pallavi Mahajan

affiliation not provided to SSRN

Date Written: May 13, 2011

Domestic Violence can be described as when one adult in a relationship misuses power to control another. It is the establishment of control and fear in a relationship through violence and other forms of abuse. The violence may involve physical abuse, sexual assault and threats. Sometimes it’s more subtle, like making someone feel worthless, not letting them have any money, or not allowing them to leave the home. Social isolation and emotional abuse can have long-lasting effects as well as physical violence. It is one of the crimes against women which is linked to their advantageous position in the society. Domestic violence refers to violence against women especially in matrimonial homes. Therefore domestic violence is recognized as a significant barrier to the empowerment of women, with consequences for women’s health, their health-seeking behaviour and their adoption of small family norms. The question raised in this article is how far the Domestic Violence Act, 2005 has succeeded in fulfilling the requirements of adequately defining all forms of domestic violence and providing redressal and protection to its victims. The issue has been tackled on conceptual and practical grounds, while the aforesaid enactment is an important first step in terms of the concepts it introduces into the Indian legal system, the viability of its implementation may be contested on certain grounds.

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Pallavi Mahajan (Contact Author)

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Indian J Psychiatry
v.57(2); Apr-Jun 2015

Violence against women: Where are the solutions?

Indira sharma.

Department of Psychiatry, Institute of Medical Sciences, Banaras Hindu University, Varanasi, Uttar Pradesh, India

“If all men are born free, how is it that all women are born slaves?”

Mary Astel 1668-1731: Some Reflections upon Marriage (1706 ed.)

Dear friends, I am deeply honoured by the trust you have reposed in me and elected me to the highest office of the Indian Psychiatric Society. At this point of time, I would like to pay my respects to my revered teachers and seniors who taught me the ABC of psychiatry, mentored and blessed me all along my journey to this point. I salute (Late) Professor BB Sethi who admitted me to psychiatry. Dear Sirs, Prof. A. K. Agarwal, Prof. N. Lal, Prof. S. C. Gupta, Prof. Mata Prasad, Prof. C. K. Rastogi, Prof. A. K. Tandon, Prof. Prabhat Sitholey, and Dr. Ashok Trivedi, I thank you all wholeheartedly for all that you have taught me. I would like to give the credit to you all for this achievement. At this moment, I would like to remember my father (Late) Pandit Harish Chandra Sharma, a practicing lawyer at the Allahabad High court, for the enthusiasm he infused in me and for his lofty ideals, a few of which I have imbibed. I would like to dedicate this address to him.

I have chosen “Violence against Women: Where are the Solutions?” as the theme of my address on the following accounts:

Violence against women is a social, economic, developmental, legal, educational, human rights, and health (physical and mental) issue.
It is a preventable cause of morbidity and mortality in women
The relationship between violence against women and mental illness has not been adequately explored.
Application of laws related to violence in the setting of mental illness is difficult
Despite the social and religious sanctions against it in all cultures, it has continued.

Responses by communities, religious institutions, government (various commissions), international conventions, stringent legislations and penal measures have failed miserably in containing the menace.

The recent gang rape of a medical student on 16.12.2012, by 6 persons (under the effect of alcohol) in a bus (the safest transport), in the presence of her friend (a male), during busy traffic hours (9.30 pm), for an extended period (>1 h), in the National Capital Region, whose Chief Minister is a lady, and with a lady as the president of the ruling party has rocked the country.

Violence against women is on the national agenda. Government is making frantic efforts to find solutions. The Justice JS Varma Commission has been set up.

The world has entered into a new millennium, but from the dawn of civilization till date, the woman of the patriarchal society of India continues to be oppressed and ill-treated. She is dependent, weak, exploited and faces gender discrimination in every sphere of life. The gender-based violence that threatens the well-being, dignity and rights of women, extends across social, cultural, economic and regional boundaries.

Instances of violence against women in ancient India are mentioned. Mahabharat cites the violence meted out to Dropti. Yudhishtir staked his wife Dropti in gambling and lost her, following which Duryodhana ordered his brother Dushasan to strip her in the royal palace and he attempted to do so, but Lord Krishna came to her rescue. Kans killed seven newborn babies of his sister Devaki. In modern societies also violence against women is a major public health problem affecting women and children.

While deliberating on violence against women and mental illness two cases deserve mention. First, the “Bobbitt” case[ 1 ] of an American couple, whose difficult relationship gained worldwide notoriety for an incident in 1993 when the wife severed her husband's penis with a knife. The penis was subsequently surgically re-attached. The wife stated that her husband sexually, physically, and emotionally abused her during their marriage, flaunted his infidelities, and had forced her to have an abortion. Her defense attorneys maintained that she was suffering from clinical depression and a possible bout of posttraumatic stress disorder due to the abuse. The jury found her not guilty due to insanity causing an irresistible impulse to sexually wound her husband. As a result, she could not be held liable for her actions.

Second, is AM,[ 2 ] a high profile rape case from Orissa. She was driven out of her house by her husband, disowned by her parents and brutally raped in front of her friend in 1999. She accused the former advocate-general of Orissa to have attempted to rape her and to have played a role in the incident of gang rape. Mishra alleged that her husband tried to prove her insane so that he could divorce her. She was admitted to a psychiatric nursing home in Rourkela, where she received six ECTs. Thereafter, she was admitted in Central Institute Psychiatry for over 9 months. However, mental disorder could neither be confirmed, nor refuted.

WOMAN'S PLACE IN SOCIETY

Indian Society has always revered women. In Hinduism, man and woman represent the two halves of the divine body. There is no question of superiority or inferiority between them. Hindu history is witness to the super-women, such as Gargi, Maitreyi and Sulabha, whose faculty of reasoning was far superior to that of ordinary mortals. Many female deities Saraswati, Durga, Laxmi, Kali etc., are worshipped across the country. According to the Mahabharat by cherishing the woman one virtually worships the goddess of prosperity.

On the darker side, the patriarchal system has continued since the time of Rig Veda. Customs and values were made by men to favour men. Women suffer this discrimination in silence.

Historically, the Indian woman has been made to adopt contradictory roles. The strength of a woman is evoked to ensure that women effectively play their traditional roles of nurturance as daughters, mothers, wives, and daughters-in-laws. On the other hand, the stereotype of “a weak and helpless woman” is fostered to ensure complete dependence on the male sex.[ 3 ]

VIOLENCE AGAINST WOMEN: THE EVIDENCE

Violence against women occurs throughout the life cycle from prebirth, infancy, childhood, adolescence, adulthood to senescence.[ 4 ] Most of the data are believed to be unreliable as many cases go unreported.

Cases of violence against women are steadily increasing in the country. According to the National Crime Record Bureau, India, there is one dowry death in the country every 78 h, one act of sexual harassment every 59 min, one rape every 34 min, one act of torture every 12 min and almost one in every three married women experienced domestic violence.[ 5 ]

Studies from India reported violence in 19– 76% of women (75%[ 6 ]–76%[ 7 ] in lower caste women; 42–48% in Uttar Pradesh and 36–38% in Tamil Nadu;[ 8 ] and 19% in an urban slum community of childless women.[ 9 ]) In Western India, 15.7% pregnancy-related deaths in the community series and 12.9% in the hospital series were associated with domestic violence.[ 10 ] In Uttar Pradesh, 30% men reported beating wives.[ 11 ] 22% of woman of childbearing age from a potter community were physically assaulted. 34% of those physically assaulted required medical attention.[ 12 ]

The population-based, multicenter based collaborative project of the study of abuse in the family environment (India-survey of abuse in family environment) was established in seven sites in India.[ 13 ] It looked at the association with poor mental health. A total of 9938 women participated (from rural, urban slum, urban nonslum areas). 40% reported experiencing any violence during their marriage. 56% had self-report questionnaire scores indicating poor mental health.

DOMESTIC VIOLENCE

The home is often equated with a sanctuary, a place where individuals seek love, safety, security and shelter. For some women, the home is a place that imperils lives and breeds some of the most drastic forms of violence perpetrated against girls and women. Violence is usually perpetrated by males who are, or who have been in positions of trust and intimacy and power e.g. husbands, fathers, fathers-in law, stepfathers, brothers, uncles, sons, or other relatives.

The Protection of Women from Domestic Violence Act (PWDVA), 2005[ 14 ] defines domestic violence as any act, omission or commission or conduct of the respondent, which includes threat or actual abuse.

In the 1996 survey of 6902 men in the state of Uttar Pradesh, up to 45% of married men acknowledged physically abusing their wives.[ 4 ] The National Health Survey conducted under the stewardship of the Ministry of Health and Family Welfare, reported that >1/3 of women (34%) between the ages of 15–49 years have experienced spousal physical violence.[ 15 ] The adverse health consequences that women experience due to violence are wide-ranging with physical, reproductive and sexual and mental health outcomes.

In a community-based study involving 450 women in Gujarat,[ 16 ] 42% experienced physical beatings and sexual abuse, and 23% experiences abusive language, belittlement and threats. It is interesting to note that 56% women belief that wife beating is justified.

The International Center for Research on Women (ICRW) in multiple centers in India reported that 85% of men admit they had indulged in violent behavior against their wives at least once in last 12 months. 57% of men admitted to have sexual abuse with their wives. 32% of men admitted to committing violence on their pregnant wives. The men indulged in violence to establish their power over the weaker sex. Subtle and insidious forms of violence include repeated humiliation, insults, forced isolation, limitations on social mobility, the constant threat of violence and injury, and denial of economic resources.[ 17 ]

SEXUAL HARASSMENT AT WORK PLACE

A social worker (BD) was gang-raped by a group of the upper class, influential men, because she had tried to stop the practice of child marriage. The accused was acquitted by the trial court. This inspired several women's groups and NGOs to file a petition in the Supreme Court under the collective platform of Vishaka (Vishaka and others vs. State of Rajasthan and others).[ 18 ] It is a landmark case as it was the basis for Supreme Court guidelines on sexual harassment at workplace.

DOWRY RELATED VIOLENCE

The age-old practice of dowry has persisted and driven many women to suicide.[ 19 ] In 50 district court judgments, 1987–1989, Maharashtra, West India, there was dowry related violence. 120 cases of dowry deaths and 20 cases of intentional injury related to dowry were identified. There were intentional injuries, including physical violence (59%), mental torture 28%, molestation by family members and perversity (10%), and starving 3%.[ 20 ] The causes of death in the women who died were: Burns 46% and drowning 34%. It is worth noting that the women were very young-88% below 25 years; 58% of them were childless, and 22% had only female children.[ 20 ] Harassment by in-laws on issues related to dowry emerged as a risk factor for poor mental health. It is characteristic of the Indian setting.[ 13 ] Dowry related violence is on the rise in India. More than 5000 women are killed annually by their husbands and in-laws, who burn them in “accidental” kitchen fires if their ongoing demands for dowry before and after marriage are not met. On an average five women a day are burned, and many more cases go unreported.[ 4 ]

CAUSES OF VIOLENCE AGAINST WOMEN: RISK FACTORS

Psychiatric morbidity.

Regular consumption of alcohol by the husband has been strongly associated with poor mental health of women.[ 13 , 21 ] Alcohol has consistently emerged as a risk marker for partner violence that is specially consistent across a range of settings[ 22 ] for all types of violence.[ 23 ] Alcohol operates as a situational factor, increasing the likelihood of violence by reducing inhibitions, clouding judgment and impairing an individual's ability to interpret cues.[ 24 ] Others morbidities such as bipolar disorder, paranoid schizophrenia, delusional and antisocial personality disorder make the man more vulnerable to commit sexual crimes. There is evidence from many forensic cases (Bobbit, Manu Sharma, Nirbhaya etc.,) that alcohol was the common denominator in violence against women.

Sociodemographic factors

Patriarchy has been cited as the main cause of violence against women. Early (15–19 years;[ 25 ] 10–19 years),[ 26 ] and young age (31–39 years),[ 26 ] illiteracy,[ 26 ] coupled with low level of education, poor socioeconomic status,[ 13 , 16 ] women with no income of their own,[ 16 ] and urban domicile[ 23 ] have been cited as risk factors for domestic violence. Women engaged in small business and farming were more likely to be abused than women who were housewives or who had occupational status equal to that of husbands.[ 23 ] Where women have a higher economic status than their husbands and are seen as having sufficient power to change traditional gender roles, risk for violence is high.[ 23 , 27 ] Unmarried,[ 26 ] separated or divorced status or being in a live-in relationship[ 23 , 25 ] have been reported to be associated with violence against women.

Family factors

Exposure to harsh physical discipline during childhood and witnessing the father beating the mother during childhood is a predictor of victimization and perpetration of violence against his wife in adulthood.[ 13 , 16 , 21 ] Childlessness,[ 28 ] longer marital duration, having more children, extended family and large family size have been associated with victimization and perpetration of domestic violence.[ 13 ] In addition, the age-old custom of dowry and gifts for husband and in-laws has been found to be strongly related to violence against women in India.[ 13 , 21 , 23 ]

Married women with mental illness: The triple tragedy[ 29 ]

Women with severe mental illness are ostracized on three accounts, the female status, psychosis and separated/divorced status, which together constitute the triple tragedy.[ 29 ] For many women, it is a no-win situation. They are neither wanted at parents’ homes nor at their husbands’ homes. These women are helpless and suffer from a multitude of stresses that are unique to Indian culture[ 30 ] such as partial desertions, forced to live with the husband she hates, not being granted permission to enter her own home, being sent back to her parents every time her symptoms increase, parents being forced to pay for her medical expenses, not allowed to take her medication etc.

The situation with respect to marriage of women with mental illness in India is intriguing. It has been aptly described as the “Indian paradox” by Sharma and Tripathi.[ 31 ] All women must marry irrespective of the presence of mental illness. It is possible to marry women with mental illness, sometimes even when there is active psycho-pathology, because most marriages are arranged, and it is often possible to lure the other party with a handsome dowry. Despite violence being meted out to these women, they make frantic attempts for restitution of conjugal rights rather than for separation or divorce.[ 31 ]

Traditional and cultural practices perpetuating violence against women[ 4 ]

Female genital mutilation.

Two million/year undergo female genital mutilation (FGM) in the world. It takes place in 28 countries in Africa, in some regions of Asia and the Middle East and in certain immigrant communities in North America, Europe, and Australia. FGM can lead to death, infertility, and long-term psychological trauma combined with increased physical suffering.

Acid attacks

In Bangladesh, it estimated that there are over 200 acid attacks each year. Sulfuric acid attacks have emerged as a cheap and readily accessible weapon to disfigure and sometimes kill women and girls for reasons as varied as family feuds, inability to meet dowry demands, and rejection of marriage proposals.

Killing in the name of family honour

In several countries of the world including Bangladesh, Egypt, Jordan, Lebanon, Pakistan, Turkey, and India, women are killed to uphold the honour of the family due to varied reasons such as-alleged adultery, premarital relationship (with or without sexual relations), rape, falling in love with a person the family disapproves, which justify a male member of the family to kill the woman concerned. It is rather disturbing that in certain countries (Jordan) the penal laws governing such crimes are lenient if the person committing the crime is below the age of 18 years. In India honour killings appear to be on the rise.

Early marriages

Early marriage with or without the consent of the girl, constitutes a form of violence as it undermines the health and autonomy of millions of girls. Nearly 12% were married by age 12, 26% by age 15, and 24% married by age 18.[ 16 ] The legal minimum age for marriage is usually lower for females as compared to males. In many countries, the minimum legal age for marriage with parental consent is considerably lower, than without it. More than 50 countries allow marriage at 16 and below with parental consent.[ 4 ]

Sociocultural factors disfavouring women

Stereotypes of gender roles have continued over the ages. The primary roles for women have been marriage and motherhood. Women must marry because an unmarried, separated or divorced status is a stigma. The custom of dowry is still prevalent in Indian marriages. Marriage cannot be dissolved. In the settlement of marriage, it is generally ensured that the woman is younger, nonworking, and less educated than her husband. Thus, the “brother-sister” or “father-daughter” model continues into marriage with the husband having the right to dominate and discipline his wife. After marriage the girl has to go to her husband's home, never to return to her parent's place. At her husband's place, she has to accept the prevailing norm of an inferior status of the “Bahu” (daughter-in-law), which means she should adjust and be tolerant and respectful toward all members of the family, including those much younger to her. She should not disclose her problems to anyone outside the home, nor take help from outside (not even parents). Husband is given a divine status. Relatives bless the husband “ Suhagvati raho ” (may your husband live long), or “ Phalo puto ” (may you bear fruits [children]); not the wife. She should bring money and gifts from parents on various festivals. She has nothing of her own. Without husband life has no meaning for her. Although the practice of Sati has declined, enforced widowhood is still prevalent. These sociocultural factors have continued over the years and have put women at risk for various forms of abuse.

Modernisation

Modern styles of living and rapid technological advances have also been blamed. Mobiles, ipads, television, computers, internet have become the order of the day. Women are moving out of the houses more freely and there is free mixing of the two genders. “Fashion, Drink, Dine and Make Merry” or “You live only once” culture is being promoted amongst the youth. Television and cinemas are portraying sexual material for making fast money. Pornographic material is easily available to many on the internet and through other ways.

Late marriages

Marriages are being delayed for various reasons with a trend toward getting married around 30, or even later.

Life stress

Poor quality of education, high competition in education and employment, corruption and inflation are the common stresses of the youth. The high-risk individual could be a young person, who lives away from his home, anxious and depressed, frequently views pornography and resorts to alcohol for recreation and relaxation.

Judiciary and law enforcement machinery

An insensitive, inefficient, corrupt and unaccountable judicial system and law enforcement machinery fails to deter against various forms of crimes.

Decline in moral and religious values

Population explosion.

Unplanned increase in population leads to many types of stresses, which indirectly contribute to the risk of violence against women.

VIOLENCE AGAINST WOMEN: WHAT HAS BEEN DONE

Communities’ response to violence.

A few women-initiated community-level responses to domestic violence are praise worthy. The Nari Adalat and Sahara Sangh initiatives have been organized by the Department of Education's Mahila Samakya Program in two districts of Uttar Pradesh and Gujarat. Salishe, a traditional method, is being utilized by the Nongovernment Organisation Shramajibee Mahila Samiti in West Bengal. The ICRW conducted a television program in four channels entitled “Bol”. It created awareness among women.

Legislative response

International: There are a number of international Instruments to curb violence against women. The United Nations General Assembly resolution endorsed the urgent need for the universal application of women's rights of equality, security, liberty integrity and dignity. Article 55 and 56 of United Nations charter cast a legal obligation on United Nations organization to promote respect for equality and human rights.

The Universal Declaration of Human Rights, article 5, states that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.[ 32 ] There have been three United Nations world conferences on women. One in Mexico in 1975, the second in Copenhagen in 1980, and the third one in Nairobi, wherein strategies were framed to promote gender equality and opportunities for women. These were based on three objectives: Equality, development and peace.

The Vienna Declaration, 1993[ 33 ] calls for action to integrate the equal status human rights of women. It stresses toward elimination of violence against women in public and private life. The Beijing conference, 1995[ 34 ] provided a platform for concentration on some of the key issues identified as fundamental obstacles to the advancement of majority of women in the world. It focused on issues such as discrimination against women, violence against women, etc.

The Convention on Elimination of all forms of Discrimination against Women (CEDAW), 1981,[ 35 ] to which 166 countries are members, is a landmark document because it framed violence against women within the framework of human rights. It identified female as the primary risk factor for violence and broadened the definition of gender violence (to include all aspects of women's life).

Domestic legal remedies in India

The Constitution of India:[ 36 ] Article 14 is on equality.

Difference in treatment between men and women by the state is totally prohibited on grounds of religion race, caste, sex or place of birth. Article 21 is on right to live; right to live with human dignity.

The National Commission for Women: It was set up as a statutory body in January 1992 under the National Commission for Women Act, 1990[ 37 ] to review the constitutional and legal safeguards for women; recommend remedial legislative measures, facilitate redress of grievances and advise the Government on all policy matters affecting women.

The Supreme Court guidelines on sexual harassment at work place: For the first time, the Court drew upon an international human rights law instrument, the CEDAW to pass a set of guidelines. The Court defined sexual harassment at work place as any unwelcome gesture, behavior, words or advances that are sexual in nature. “It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts, of sexual harassment by taking all steps required.”

The legislation relating to violence against women comprises the Indian Penal Code (IPC),[ 38 ] civil law and special laws.

Dowry and dowry death: The Dowry Prohibition Act (DPA), 1961[ 39 ] applies to all people, Hindus, Muslims, Christians, Parsis and Jews. Giving, taking or abetting the giving or taking of dowry is an offence, which is punishable. Several states (Bihar, West Bengal, Orissa, Haryana, Himachal Pradesh, and Punjab) amended the DPA to give it more teeth. The law was found to fail to stall the evil.

Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances, within 7 years of marriage, and if shown that soon before her death, she was subjected to cruelty or harassment by her husband or any relative of her husband for or in connection with any demand of dowry, such death shall be called “dowry death” and such husband or relative shall be deemed to have caused her death (IPC 304-B).[ 38 ] 113-B Indian Evidence Act, 1872, was inserted for the presumption as to dowry death.

Abetment of suicide of child or insane person: If any person under 18 years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life or imprisonment for a term not exceeding 10 years and shall also be liable for fine (305 IPC).[ 38 ] However, the difficulty is that if it is shown the victim has major mental illness, the benefit of doubt is given to the accused and he is acquitted.

Abetment of suicide: If any person commits suicide, whoever abets the commission of such suicide shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also be liable for fine (306 IPC).[ 38 ] 113-A of Indian Evidence Act, 1872, relates to the presumption as to abetment of suicide. The offences of dowry and abetment of suicide are cognizable, nonbailable and noncompoundable.

Sexual offences: A man is said to have committed rape if he has sexual intercourse with a woman against her will and consent; or with her consent when the man knows that he is not her husband or when she thinks that he is her lawful husband; or with her consent when she is of unsound mind or is intoxicated by herself or the man. However, sexual intercourse by a man with his own wife, the wife not being under 15 years, is not rape (375 IPC).[ 38 ] The latter provision seems deficient as it does not include marital rape.

Voluntarily having carnal intercourse against the order of nature with any man, woman, or animal is an offence for which the person shall be imprisoned for life and shall also be liable for fine. This provision is hardly used (377 IPC).[ 38 ]

Of cruelty by husband and relatives of husband: The willful conduct of the husband or his relative that is likely to drive the women to commit suicide or cause physical or mental trauma to her or harassment of a woman with a view to coercing her or any of her relative to meet any unlawful demand for property would be punishable by imprisonment for 3 years and fine (498A IPC).[ 38 ] This is the most widely used provision against domestic violence.

Other offences in mentioned in IPC[ 38 ] are: Causing miscarriage (312 IPC), causing miscarriage without woman's consent (313 IPC), death caused by an act done with intent to cause miscarriage; if act was done without woman's consent (314 IPC), act done with intent to prevent child being born alive or to cause it to die after birth (315 IPC) and causing death of quick unborn child by act not amounting to culpable homicide (316 IPC).
The Family Courts Act, 1984:[ 40 ] The Act was established with a view to promote conciliation in, and secure speedy settlement of disputes relating to marriage and family affairs.
The Indecent Representation of Women (Prohibition) Act, 1986.[ 41 ]: This Act prohibits the indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner is prohibited.

The Commission of Sati (prevention) Act, 1987:[ 42 ] This Act is for the prevention and glorification of sati.

Protection of Women From Domestic Violence Act, 2005:[ 14 ] The Protection of Women From Domestic Violence Act (PWDVA), 2005 was enacted to provide for more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected thereto. It recognizes 4 types of domestic violence: Physical, verbal, and emotional (including not having a child or a male child, marrying without consent), and economic (including violence related to stridhan, dowry, property) and sexual (includes sexual abuse and marital rape).

The aggrieved person (AP) is a woman who has been in a domestic relationship with the respondent. The respondent is any adult male person who is, or has been in a domestic relationship with the AP and against whom the AP has sought relief. The AP or any person can complain directly (verbal), telephonically or via E-mail. There is provision for various orders (protection, residence, maintenance (monetary relief), custody orders and emergency help. There is also provision for assistance (counselor, police, and assistance for initiating criminal proceedings, shelter home, medical facilities, and legal aid).

The PWDVA is good in many ways. It is friendly to even to poor and illiterate women; it educates the woman regarding the rights and available assistance; provides many reliefs (which facilitate psychosocial rehabilitation), free legal advice and help to initiate legal proceedings against respondent; it attempts to restore the family; and last, but not the least, it empowers the woman. The main criticism against PWDVA is that mental illness in AP or respondent is ignored. Apart from this, there are mixed reactions toward few legislations, especially PWDVA, DPA and IPC 498A, because they have been frequently abused and are considered as “anti-men.”

DO WE HAVE SOLUTIONS?

Once rape has been committed, it confirms that all measures to stall violence have failed. Reaction in the form of declaration of enhanced punishment is largely an expression of helplessness and frustration. The emphasis should be on prevention and rehabilitation.

Legislation by itself would not suffice because violence against women is a deep rooted social problem. It is worth quoting late Prime Minister, Jawaharlal Nehru, who remarked: “Legislation cannot by itself normally solve deep rooted social problems. One has to approach them in other ways too, but legislation is necessary and essential and hence that it may give that push and have educative factors, as well as the legal sanctions behind it, which help public opinion to be given a certain shape.”[ 43 ]

Women cannot solve the problems by themselves. Women should understand men and men should understand women. Both should work together to eradicate the menace.

RECOMMENDATIONS FOR COMBATING VIOLENCE AGAINST WOMEN

Mental illness.

Psychiatric illness should be identified and treated promptly. Patients with active symptoms should be kept in a protected environment till substantial improvement takes place. Many patients may need life-long protection e.g. those suffering from mental retardation or chronic schizophrenia.

Women with severe mental illness need special attention. Public awareness needs to be created with respect to the following:

Women need protection but those with mental illness need more care and protection.
The real problem is not mental illness, but the negative attitude toward it.
Many medical illnesses create more problems in marriage, than mental illnesses.
There should no double standard? If a woman can continue the marriage after her husband develops a mental illness, so can the husband. Similarly, people should be made to understand that if it is right to marry a son or daughter with mental illness, then the reverse is also true. A daughter in-law with mental illness should also be accepted.
Good family support greatly improves the prognosis.
Many women with mental illness prove to be better marriage partners and daughter-in-laws than those without mental illness.
If the husband's family accepts the woman with mental illness, the society will also follow
Woman with mental illness should be accepted with her illness.
Violence is not the solution. Mental illness in the victim (e.g. depression) or perpetrator (e.g. alcoholism or schizophrenia) should be promptly treated.

Restriction on use of alcohol

There should be prohibition of alcohol use in mass gatherings in institutions, public places like trains and buses. The number of alcohol outlets should be decreased. The age for purchasing alcohol may be raised to 30 years. Special checks on festive occasions are recommended with the help of breath analyzers. Involuntary treatment of persons with alcohol dependence should be carried out.

Control on media

Sexual material should be censored. Good themes, which condemn violence and glorify rehabilitation of the victim, should be projected. Ban on pornography should be strictly implemented. The sites may be blocked.

Marriage of boys and girls should preferably be in early 20s, as soon as feasible, so that sexual needs could be satisfied in a socially appropriate manner.

Strengthening the institution of marriage

Strong marital bond would act as a deterrent. The “Shiv-Parvati” model should be promoted for Hindus.

Law enforcement

Efficient and accountable law enforcement machinery at all levels (administration, government, police and judiciary) is needed.

Legislation

Change in mind set of the judiciary.

This is the need of the day. Indira Jaising, Additional Solicitor General of India, aptly stated “It's time for India's courts to gaze inward and throw out deeply embedded patriarchal notions that stop judgments from being fair to women. Sexism within the system has to go before it does more damage in the country.”[ 44 ] A High Court judge in Orissa in his judgment once famously held “It was not possible for a man, acting alone, to rape a woman in good health.”[ 44 ]

Amendments in existing legislations

The Hindu Marriage Act (1955):[ 45 ] Mental illness may be removed from conditions of Hindu marriage. Not informing about past illness of mental illness should not be a ground for nullity of marriage.

PWDVA, 2005 and DPA, 1961: Assessment for mental illness may be incorporated in the code civil procedure so that the mental illness is identified in the victim (woman) and/or perpetrator (male relative) and promptly treated. This way violence can be prevented.

New legislations

New legislation is needed to provide for granting “Interim Relief” (A big sum of money that is paid by the perpetrator) to a victim of severe sexual assault. The money may be utilized for rehabilitation of the victim. Rehabilitation of the victims of brutal sexual assaults should be the State's responsibility. The legislation should provide for enhanced punishment for violence perpetrated against women with mental illness.

Appropriate application of laws in the setting of mental illness

This is often very difficult, nevertheless very important. Judiciary handling such cases should desirably have both legal (LLB) as well as medical (MD Psychiatry/DPM) qualifications.

Code of conduct

Code of conduct at work place, school and home, with respect to interaction with persons of opposite sex should be outlined and implemented.

Gender sensitization

Gender sensitization by parents and teachers is needed regarding the sensitivities and boundaries of man-woman relationships.

Education and employment

Improvement in quality of education and employment opportunities for youth.

Recreation and talent

Recreational avenues and opportunities for talent development in young people.

Moral and religious values

Parents and teachers should strive to infuse good moral and religious values in children and serve as role models.

Population control

Last, but not the least, If we are sincere we will get the results. Let us all say “No” to violence against women.

LexQuest Foundation

Protection of Women from Domestic Violence Act: A Critical Exegesis

By Aratrika Choudhuri, WBNUJS, Kolkata.

As a part of a two-article series on the Protection of Women from Domestic Violence Act, this article seeks to outline the key shortcomings in the provisions and implementation of the Act. The next article will focus on recommendations that seek to ameliorate these limitations and to aid victims of such violence to fully effectuate their rights under the Act.

All marriages are sacred, but not all of them are safe. The passage and subsequent enforcement of the Protection of Women from Domestic Violence Act (hereinafter ‘PWDVA’) in 2005 and 2006 respectively, heralded a comprehensive legal framework for tackling domestic violence, for the first time in India, which recognized the lack of safety not only in marital, but all domestic relationships. By expanding the definition of domestic violence and incorporating provisions that introduced substantial changes in notions of safeguarding women’s rights, this Act attempted to strike a balance between reconciliation and a deterrent pro-arrest policy. However, the recent Sixth Monitoring & Evaluation Report, 2013 brought out by the Lawyer’s Collective Women’s Rights Initiative, highlights numerous discrepancies and inequities in various spheres of this Act. This essay seeks to analyze the main lacunae in the substantive and procedural aspects of the PWDVA.

Violence, “the extension of attempts to gain and maintain power over others”, is re-conceptualized as domestic when viewed through the lens of location (private), patriarchy (structural inequality and power), the material context (e.g. family and community resources, support networks, the physical impact of violence) and the discursive context (e.g. attributional and gendered analysis that examines social and personal constructions of domestic abuse and discursive regulation of gender-power relations). Domestic violence in India is a function of gender roles and cultural notions regarding statuses and is prevalent among women, regardless of age, education level, socioeconomic class, and family living arrangement. The PWDVA envisioned a domestic relationship as comprising multifarious marital, consanguineous, adoptive and other relationships “in the nature of marriage”. But the Velusamy judgment, by pigeonholing relationships “in the nature of marriage” within the understanding of the common law marriage, undermined the intent of the law to cover live-in relationships.

Also, unlike the English law- the Domestic Violence, Crime and Victims Act, 2004- Section 2(a) of the PWDVA was interpreted by the Supreme Court as including only a woman as an “aggrieved person”, thus denying recognition to same-sex relationships and to the domestic violence occurring in them. Additionally, the judicial understanding of consanguinity remains unclear, as is observed in Araa v. Mirja where the close aunt-nephew relationship was surprisingly not considered as a domestic relationship. Given that it is not uncommon in India for aunts to reside along with relatives other than their children, this judgment may leave these women outside the purview of the PWDVA.

In order to address judicial subjectivity in and trivialization of determining what constitutes violence, the PWDVA has expanded the conceptualization of domestic violence to include physical, emotional, mental, verbal, sexual and economic abuse. But the wide definition of relatively minor offenses like verbal abuse has been criticized. Many argue that there are hypersensitive persons who imagine insults when none is intended and recognizing their whims would cause a chilling effect on healthy dialogue due to the slippery subjective criterion of name-calling, and plant seeds for marital discord.

The woman’s right to protection under Section 17 of the Act, co-exists with her right to live in the Shared Household and is not dependent on whether or not she had marked her physical presence in the Shared Household. Nonetheless, the PWDVA does not specify “the procedure established by law”, to evict a woman or exclude this right. Some of the restraining orders available under Section 19 directing the male respondent to refrain from visiting places ‘frequented by the aggrieved person’, which may include public places and his own home, unjustly curb his fundamental right to freedom of movement. By putting a restraint against alienation, disposal, or renunciation of rights in such a shared household, the law inhibits the rights of even those who may not have contributed to the dispute.

In S.R. Batra v. Taruna Batra , the Supreme Court unfairly excluded a daughter-in-law’s right to reside in the mother-in-law’s house, by holding that the property exclusively owned by the mother of the husband cannot be called ‘shared household.’ Despite the Act stating clearly that a woman has the right to reside in the shared household, irrespective of whether she has any right, title or interest in the same, the judges felt that the concept of ownership of property was the only decisive factor- a perspective not shared by other systems of jurisprudence. In Hindu law, for example, while ownership was vested with three generations of males, the women of the coparcenary who married into the family, in their capacity as mothers and daughter-in-laws, had the undisputed right to reside in it. This decision is indeed disheartening for aggrieved widows who cannot claim right of residence while living in the house of the deceased husband’s relative.

The settled position being that a non-compoundable offence cannot be compounded by the Magistrate; if the aggrieved person, acting on the protection Officer’s advice, files a penal complaint under section 498A of the I.P.C., the Magistrate shall have no power to recall the process even if the parties later on so desire, rendering amicable settlement under Sections 14 and 15 of the PWDVA impossible. The PWDVA allows judges to direct that joint counseling sessions be held for the victim and the perpetrator. The latter is however not permitted to plead any counter-justification for the violence, which virtually negates the possibility of reaching a mutually agreeable settlement. According to Section 23, the Magistrate may grant an interim ex parte order, under Section 18, upon prima facie satisfaction that “there is a likelihood” of domestic violence being committed. On reading these sections together, the dangerous consequence may ensue that an unscrupulous woman may obtain an ex parte injunction order merely by introducing doubts that the male respondent “ may subject her to emotional abuse”, effectively restraining him from entering his own home or operating his own bank account. When applied in conjunction with Section 31, the breach of such interim order attracts substantive sentence, rendering him totally at her mercy. Moreover, Section 32 empowers the court to conclude that there has been breach of protection order under Section 31, which is a cognizable and non-bailable offence (punishable with imprisonment which may extend to 1 year, or with a fine which may extend to 20,000 rupees) upon the “ sole testimony of the aggrieved person.” This is a highly dangerous position given the possibility of misuse, as has occurred with Section 498A of the I.P.C.

By reading the provision for maintenance relief under the PWDVA as concomitant with the relief under Section 125 of the Cr.P.C., the distinction between the two is ignored, i.e., maintenance for women under Section 125 of the Cr.P.C. is determined in terms of preventing destitution of women, while the PWDVA ensconces maintenance with statutory recognition as a right that transcends the Section 125 of the Cr.P.C. Maintenance, under the latter, is often not granted to working women, as the women’s employment acts as a bar to maintenance and the Courts do not enquire into the comparative income of the woman and her partner or the responsibilities, liabilities and child care involved. The Courts tend to grant a lump sum combining the reliefs of Maintenance and Compensation together, but do not give earnest consideration to other monetary reliefs provided under this Act, such as compensation for loss of earnings, medical expenses, loss caused due to destruction or removal or damage of any property.

Thus, while the PWDVA is a laudable effort to safeguard women from the perpetrators of domestic violence, there exist numerous loopholes in the Act and its implementation which prevent it from securing its uninhibited fruition. In the next follow-up article, certain recommendations will be detailed that would aid in securing this objective.

One response to “Protection of Women from Domestic Violence Act: A Critical Exegesis”

[…] the provisions and implementation of the Act (which have been investigated in an earlier article https://www.lexquest.in/protection-of-women-from-domestic-violence-act-a-critical-exegesis/). These recommendations focus primarily on legal considerations that would aid victims of such […]

Essay On Domestic Violence

500 words essay on domestic violence.

Domestic violence refers to the violence and abuse which happens in a domestic setting like cohabitation or marriage. It is important to remember that domestic violence is not just physical but any kind of behaviour that tries to gain power and control over the victim. It can affect people from all walks of life and it basically subjects towards a partner, spouse or intimate family member. Through an essay on domestic violence, we will go through its causes and effects.

Causes of Domestic Violence

Often women and children are the soft targets of domestic violence. Domestic violence is a gruesome crime that also causes a number of deaths. Some of the most common causes of domestic violence are illiteracy and economical dependency on the menfolk.

The male-dominated society plays an important role in this problem. Further, dowry is also one of the leading causes which have the consequence of violence against newly-wed brides. In many parts of the world, physically assaulting women and passing horrendous remarks is common.

Moreover, children also become victims of this inhuman behaviour more than often. It is important to recognize the double standards and hypocrisy of society. A lot of the times, the abuser is either psychotic or requires psychological counselling.

However, in a more general term, domestic violence is the outcome of cumulative irresponsible behaviour which a section of society demonstrates. It is also important to note that solely the abuser is not just responsible but also those who allow this to happen and act as mere mute spectators.

Types of Domestic Violence

Domestic violence has many ill-effects which depend on the kind of domestic violence happening. It ranges from being physical to emotional and sexual to economic. A physical abuser uses physical force which injures the victim or endangers their life.

It includes hitting, punching, choking, slapping, and other kinds of violence. Moreover, the abuser also denies the victim medical care. Further, there is emotional abuse in which the person threatens and intimidates the victim. It also includes undermining their self-worth.

It includes threatening them with harm or public humiliation. Similarly, constant name-calling and criticism also count as emotional abuse. After that, we have sexual abuse in which the perpetrator uses force for unwanted sexual activity.

If your partner does not consent to it, it is forced which makes it sexual abuse. Finally, we have economic abuse where the abuser controls the victim’s money and their economic resources.

They do this to exert control on them and make them dependent solely on them. If your partner has to beg you for money, then it counts as economic abuse. This damages the self-esteem of the victim.

Get the huge list of more than 500 Essay Topics and Ideas

Conclusion of the Essay on Domestic Violence

To conclude, domestic violence has many forms which include physical aggression like kicking and biting and it can also be sexual or emotional. It is essential to recognize the signs of domestic violence and report the abuser if it is happening around you or to you.

FAQ of Essay on Domestic Violence

Question 1: Why is domestic violence an issue?

Answer 1: Domestic violence has a major impact on the general health and wellbeing of individuals. It is because it causes physical injury, anxiety, depression. Moreover, it also impairs social skills and increases the likelihood that they will participate in practices harmful to their health, like self-harm or substance abuse.

Question 2: How does domestic violence affect a woman?

Answer 2: Domestic violence affects women in terms of ill health. It causes serious consequences on their mental and physical health which includes reproductive and sexual health. It also includes injuries, gynaecological problems, depression, suicide and more.

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Title:	Unit-7 Protection of Women From Domestic Violence Act, 2005
Issue Date:	20-Apr-2017
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The Protection of Women from Domestic Violence Act, 2005 (Summary)

Essay on Domestic Violence Act, 2005 !

In order to protect the rights of women who are victims of violence of any kind occurring within the family and to provide for matters connected therewith or incidental thereto, the Parliament enacted the Protection of Women from Domestic Violence Act, 2005 which came into effect from 26th October, 2006.

The Act was passed by the Parliament in August, 2005 and assented by the President on September 13, 2005. The Act is primarily meant to provide protection to wife or female live-in partner from violence at the hands of the husband or male live-in partner or his relatives, the law also extends its protection to women, who are sisters, widows or mothers.

Domestic violence under the Act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition. The Act also recognises the woman’s right to secure housing, whether or not she has any title in the household.

This abuse of power may exist in the form of violence between members of household, usually spouses, an assault or other violent act committed by one member of a household against another. It may be in the form of physical, emotional, sexual or psychological abuse against women.

It has been realised since long that domestic violence is widely prevalent but has remained largely, invisible in the public domain and Section 498-A, IPC does not address itself fully to this devastating problem since it is confined only to protect woman against cruelty by her husband or his relatives.

The main features of the Protection of Women from Domestic Violence Act, 2005 are as follows:—

(i) Any conduct of relative of the victim which subjects her to habitual assault, or makes her life miserable, or injures or harms, or forces her to lead an immoral life would constitute domestic violence;

(ii) The Judicial Magistrate of the first class or the Metropolitan Magistrate may take the cognizance of domestic violence and a protection order requiring the relative of the woman to refrain from committing an act of domestic violence, or pay monetary relief which is deemed fit in the circumstances or pass any other direction as he may consider just;

(iii) The Magistrate may even require as an interim and urgent measure from the relative of the woman to execute a bond, with or without sureties, for maintaining domestic peace;

(iv) The violation, by the relative, of the order made by the Magistrate would constitute an offence punishable with imprisonment upto one year, or with fine, or with both;

(v) Appeal can be made to Sessions Court against the order of the concerned magistrate within a period of 30 days from the date of order;

(vi) Protection Officers are appointed under the Act, to help the victim of domestic violence in making application to the Magistrate and in availing of her legal rights;

(vii) Such Protection Officers shall be appointed by the State Governments and they shall possess such qualifications as may be prescribed by the Central Government; and

(viii) Protection Officer shall be deemed to be a public servant within the meaning of Section 21 of IPC, and if he fails or refuses to discharge the duties as directed by the Magistrate, his act shall amount to be an offence punishable with imprisonment upto one year, or with fine, or with both;

(ix) Monetary relief may be given to the aggrieved woman to meet the expenses or loss;

(x) Shelter-home and medical facilities can be provided to the aggrieved woman;

(xi) Every aggrieved woman shall have right to reside in shared household.

In exercise of the powers conferred by Section 37(1) of the Protection of Women from Domestic Violence Act, 2005, the Central Government has made Rules 2 for carrying out the provisions of the Act.

Undoubtedly, the Protection of Women from Domestic Violence Act, 2005 (43 of 2005) is a welcome social legislation. Although women have made stupendous progress in almost every sphere of life, one cannot be oblivious to the fact that they continue to be victims of violence of different hues.

Most cases remain unreported for fear of reprisal and ostracism by the family. In fact, gender inequality is one of the primary causes of social exploitation of women which this Act seeks to redress. However, certain quarters feel that the Act is an unwarranted interference of law in domestic relationship and it will harm the bonds within families.

They allege that it is ominous for the law to directly descend upon domestic life and an indirect attempt to westernise our family system. “A life regulated by fear of law is hardly worth living.” Some critics apprehend that the law against domestic violence is highly prone to misuse like section 498-A of the Indian Penal Code since it assumes that a woman is always right and speaks the truth and men are exploitative by nature.

It may be recalled that even the Supreme Court of India has observed in Sushil Kumar Sharma v. Union of India and others} that Section 498-A of I.P.C. being misused as “legal terrorism” and asked the Government to plug the loopholes.

The law against violence is yet another piece of legislation which is more likely to be misused as an handle for women to blackmail men. Those who criticise the Act, assume that it may lead to more broken-marriages and husbands seeking divorce on grounds of harassment which would not be in the interests of the society as a whole.

The national report on domestic violence states that primary users of this law are married woman. However, there are also cases where relief has been granted to widows and daughters. The law upholds the rights of women to reside in a shared house as also the right to counselling and protection. As a protective tool, it seeks to provide relief against physical, economic, mental and sexual violence.

The PWDVA envisages the appointment of protection officers to record incidents of domestic violence and support distressed women even by providing them shelter in homes if necessary, but the State Governments are not able to provide these facilities for want of requisite budgetary support.

Related Essays:

Essay on Violence in the Public Sphere in Hindi
Essay on the Important Theories of Collective Violence (424 Words)

Essay on Violence

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The Women & Justice Collection

Prevention of Domestic Violence Act, Chapter 7:05

The Prevention of Domestic Violence Act defines and prohibits domestic and related gender-based violence, as well as provides for legal remedies and ancillary issues (e.g., financial wellbeing of abused persons). Protection orders can be obtained under the Act by, and not limited to, (a) an abused spouse, (b) a child subjected to domestic violence, and/or (c) a parent who has a child in common with the abuser. Protection orders can require respondents to refrain from further acts of violence as well as bar them from areas frequented by the abused person, including their own homes. Orders can further require financial support or compensation by the respondent to the abused and other broader remedies, such as requiring counseling. Courts may issue orders of protection, including powers of arrest, at their discretion. Courts may also grant orders related to rights to access and live in households and dwellings, but shall not do so unless necessary. Ex parte orders are allowed for emergency circumstances where immediate protection is required, but a hearing must be set within 21 days. Courts can impose fines and arrest warrants when orders of protection are violated. Police officers have the responsibility to respond to all complaints or reports of domestic violence, investigate the situation, and explain to the victim any rights and options to protect themselves. The Act provides for special rules that apply to domestic violence trials and investigations, including procedure and evidence.

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Make Your Note

Economic Abuse: A Neglected Facet of Domestic Abuse

24 May 2023
14 min read
GS Paper - 1
GS Paper - 2
Issues Related to Women
Government Policies & Interventions

This editorial is based on No Way Out which was published in The Indian Express on 23/05/2023. It talks about the very less discussed from of domestic violence against women i.e., Economic Violence or Abuse.

For Prelims: Protection of Women from Domestic Violence Act, 2005 (PWDV Act) , Central Victim Compensation Scheme (CVCF), Mahila Police Volunteers (MPVs), National Commission for Women

For Mains : Economic Abuse: Contributing factors, Government initiatives and Way Forward

When asked about domestic violence , an average person typically thinks of violence of a physical and sexual nature, especially in the context of intimate partner violence. However, the same amount of interest is not conferred on economic abuse, a significantly more insidious manner of abuse that is usually invisible in the way it operates.

Economic abuse is significantly associated with physical abuse, sexual abuse, and emotional abuse. The most common forms of economic abuse are not being trusted with money, not being allowed to work outside home, and not being given money for household expenses.

This is not unduly surprising, given that the most common images of violence against women, children, and queer persons in mainstream society are in the physical and/or sexual context. While Indian law recognises what is termed as “economic abuse” in the special legislation against domestic violence — the Protection of Women from Domestic Violence Act, 2005 (PWDV Act) — violence or abuse in the economic context does not form part of the public consciousness in the same manner as intimate partner violence of a sexual and physical nature does.

What is Economic Abuse?

Under the PWDV Act , economic abuse is defined as the deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law.
The law recognises that prohibition or restriction to continued access to resources or facilities which the aggrieved woman is entitled to use is economic abuse as well.
Further, the disposal of household effects, any alienation of assets whether movable or immovable, valuables or other property in which the aggrieved woman has an interest is also included under the meaning of economic abuse.
Stridhan is whatever a woman receives during her lifetime. Women have an absolute right over their Stridhan.
Moreover, the Courts have held that deprivation of economic or financial resources or stridhan amounts to domestic violence under the PWDV Act.
This also includes the aggrieved woman’s stridhan or any other property held either jointly or separately by both parties.
A cross-sectional survey in informal settlements in Mumbai, found that 23% of ever-married women reported at least one form of economic abuse. Economic abuse was independently associated with positive screens for moderate-severe depression, anxiety, and suicidal ideation.
In 2022, a survey conducted by Tata AIA, a leading Indian insurance company, revealed that 59 per cent of working women do not make their own financial decisions, indicating the extent of financial dependency of Indian women.
The NFHS 5 finds that 32% of married women (18-49 years) have experienced physical, sexual, or emotional spousal violence. The most common type of spousal violence is physical violence (28%), followed by emotional violence and sexual violence.
A 2017 study by the All-India Democratic Women's Association found that 72% of women had experienced some form of economic abuse in their lifetime.

What are the Common Examples of Economic Abuse?

Preventing from getting or keeping a job, obtaining education, or acquiring assets.
Controlling access to money, bank accounts, credit cards, or financial autonomy.
Exploiting their salary and other economic resources, such as spending their money without their consent, creating debt, or taking their belongings.
Denying the victim's right to property, inheritance, or dowry.
Withholding necessities such as food, clothing, shelter, medication, or personal hygiene products.

What are the Factors that Contribute to the High Prevalence of Economic Abuse?

Patriarchal Attitudes : Economic abuse is often rooted in the patriarchal norms that give men more preference over women in the household and society. Women may face discrimination and barriers in accessing education, employment, and property rights, which make them more dependent on their male partners.
Lack of Economic Opportunities for Women:  Women in India are often denied access to education and employment opportunities. This makes them more financially dependent on their husbands, which can make them more vulnerable to economic abuse.
Lack of Awareness: Many victims of economic abuse may not recognize it as a form of domestic violence or may not know their rights and options to seek help.
Social Stigma:  Economic abuse may also be normalized or justified by cultural or religious beliefs that assign different roles and responsibilities to men and women. This can discourage victims from seeking help or reporting abuse.

What are the safeguards available against Economic Abuse?

The Protection of Women from Domestic Violence Act (PWDVA) of 2005 , which defines economic violence broadly and provides for monetary relief, compensation, and protection orders for the aggrieved women.
The Code of Criminal Procedure of 1973 , which empowers courts to order maintenance for wives, children, and parents who are neglected by their husbands or sons.
The Hindu Succession Act of 1956 (amended in 2005) , which grants equal inheritance rights to daughters and sons in joint family property.
The National Commission for Women, which is the apex national level organization of India with the mandate of protecting and promoting the interests of women.
The Ministry of Women and Child Development (MoW&CD) in collaboration with the Ministry of Home Affairs has envisaged engagement of Mahila Police Volunteers (MPVs) in the States/UTs who act as a link between police and community and help women in distress.
The MoW&CD has launched Sakhi dashboard i s an online platform for the functionaries of One Stop Centres (OSCs) and Women Help Lines (WHLs) to populate and view various important information about the cases of violence affected women coming to them, as well as about their establishments.
The Department of Telecommunication has allocated the number 181 to all States/UTs for Women Helpline.
The Rail Ministry has launched Integrated Emergency Response Management System that aims to provide round the clock security to women passengers in all Railway Stations by strengthening of Security Control Rooms of Railways with Security Helpline, Medical Facilities, RPF and police, installation of CCTV cameras, etc.
The Ministry of Home Affairs has created Central Victim Compensation Scheme (CVCF) under section 357A CrPC It will support States/UTs in providing fund towards compensation to the victim or her dependents who have suffered loss or injury as a result of the crimes (including survivors of rape and acid attack).

What more can be Done to Reduce Economic Abuses?

The safeguards options - available to women – need to be promoted and mainstreamed amongst the women.
Strengthening Legal Protections: Though the govt has enacted the PWDV Act to provide safeguard to the women but it has remained more or less a toothless act. The Government must incorporate stringent punishment provisions to the act so that it could act as a deterrent to the abusers.
NGOs like Naari Foundation, Shakti Vahini Foundation who are doing exceptional work in this field should be collaborated to fight this menace.
The DBT transfer to female’s account has been a crucial part of addressing this issue, more schemes on this line are a welcome.
Collaborating with Financial Institutions: Though there are schemes to provide low-cost loans to women, but the loan disbursed are very less in number. Banks and other financial institutions can play a role in preventing economic abuse. Implementing training programs for employees to recognize signs of economic abuse, developing protocols for reporting suspicious transactions, and offering financial literacy resources to customers can all contribute to reducing economic domestic abuse.
Research and Data Collection: Investing in research and data collection is essential to understand the prevalence, causes, and consequences of economic abuse. This information can help inform policies, interventions, and resource allocation.
Promoting Gender Equality and Social Norms Change : Addressing the underlying gender inequalities and challenging harmful social norms is fundamental to reducing economic domestic abuse. Promoting gender equality through education, awareness campaigns, and community engagement can contribute to long-term prevention efforts.

Economic abuse is a form of domestic violence that is rarely discussed. Examine the factors that contribute to its prevalence and the impact it has on victims. Suggest strategies that can be adopted to effectively raise awareness, prevent, and address economic abuse.

UPSC Civil Services Examination, Previous Year Question (PYQ)

Q. We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace. (2014)

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Elektrostal

Elektrostal Localisation : Country Russia , Oblast Moscow Oblast . Available Information : Geographical coordinates , Population, Altitude, Area, Weather and Hotel . Nearby cities and villages : Noginsk , Pavlovsky Posad and Staraya Kupavna .

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Elektrostal Population	157,409 inhabitants
Elektrostal Population Density	3,179.3 /km² (8,234.4 /sq mi)

Elektrostal Geography

Geographic Information regarding City of Elektrostal .

Elektrostal Geographical coordinates	Latitude: , Longitude: 55° 48′ 0″ North, 38° 27′ 0″ East
Elektrostal Area	4,951 hectares 49.51 km² (19.12 sq mi)
Elektrostal Altitude	164 m (538 ft)
Elektrostal Climate	Humid continental climate (Köppen climate classification: Dfb)

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Elektrostal Sunrise and sunset

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Day	Sunrise and sunset	Twilight	Nautical twilight	Astronomical twilight
8 June	02:43 - 11:25 - 20:07	01:43 - 21:07	01:00 - 01:00	01:00 - 01:00
9 June	02:42 - 11:25 - 20:08	01:42 - 21:08	01:00 - 01:00	01:00 - 01:00
10 June	02:42 - 11:25 - 20:09	01:41 - 21:09	01:00 - 01:00	01:00 - 01:00
11 June	02:41 - 11:25 - 20:10	01:41 - 21:10	01:00 - 01:00	01:00 - 01:00
12 June	02:41 - 11:26 - 20:11	01:40 - 21:11	01:00 - 01:00	01:00 - 01:00
13 June	02:40 - 11:26 - 20:11	01:40 - 21:12	01:00 - 01:00	01:00 - 01:00
14 June	02:40 - 11:26 - 20:12	01:39 - 21:13	01:00 - 01:00	01:00 - 01:00

Elektrostal Hotel

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	Located next to Noginskoye Highway in Electrostal, Apelsin Hotel offers comfortable rooms with free Wi-Fi. Free parking is available. The elegant rooms are air conditioned and feature a flat-screen satellite TV and fridge...	from
	Located in the green area Yamskiye Woods, 5 km from Elektrostal city centre, this hotel features a sauna and a restaurant. It offers rooms with a kitchen...	from
	Ekotel Bogorodsk Hotel is located in a picturesque park near Chernogolovsky Pond. It features an indoor swimming pool and a wellness centre. Free Wi-Fi and private parking are provided...	from
	Surrounded by 420,000 m² of parkland and overlooking Kovershi Lake, this hotel outside Moscow offers spa and fitness facilities, and a private beach area with volleyball court and loungers...	from
	Surrounded by green parklands, this hotel in the Moscow region features 2 restaurants, a bowling alley with bar, and several spa and fitness facilities. Moscow Ring Road is 17 km away...	from

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Order of Lenin Moscow Air Defence District

Ордена Ленина Московский округ ПВО

Military Unit: 64178

Commanders:

Marshal of the Soviet Union Kirill Semenovich Moskalenko, 1948 - 1953
Colonel-General Nikolay Nikiforovich Nagornyy, 1953 - 1954
Marshal of the Soviet Union Pavel Fedorovich Batitskiy, 1954 - 7.66
Colonel-General Vasiliy Vasilevich Okunev, 7.66 - 8.70
Marshal of Aviation Aleksandr Ivanovich Koldunov, 8.70 - 1975
Colonel-General Boris Viktorovich Bochkov, 1975 - 1980
Marshal of Aviation Anatoliy Ustinovich Konstantinov, 1980 - 1987
Colonel-General Vladimir Georgievich Tsarkov, 1987 - 1989
General of the Army Viktor Alekseevich Prudnikov, 1989 - 8.91
General of the Army Anatoliy Mikhaylovich Kornukov, 8.91 - 1998
Colonel-General G.B. Vasilev, 1998 - 2002
Colonel-General Yuriy V. Solovev, from 2002

Activated 1948 in Moscow, Moscow Oblast, as the Moscow Air Defence Region , from the North-Western Air Defence District.

1950 renamed Moscow Air Defence District .

Organisation 1955:

37th Fighter Aviation Corps PVO (Morsansk, Tambov Oblast)
56th Fighter Aviation Corps PVO (Yaroslavl, Yaroslavl Oblast)
78th Guards Fighter Aviation Corps PVO (Bryansk, Bryansk Oblast)
88th Fighter Aviation Corps PVO (Rzhev, Kalinin Oblast)
151st Guards Fighter Aviation Division PVO (Klin, Moscow Oblast)
38th independent Reconnaissance Aviation Squadron (Rzhev, Kalinin Oblast)
182nd independent Reconnaissance Aviation Squadron
90th independent Transport Aviation Squadron (Stupino, Moscow Oblast)
1st Guards Anti-Aircraft Artillery Division (Maryino-Znamenskoye, Moscow Oblast)
52nd Anti-Aircraft Artillery Division (Biryulevo, Moscow Oblast)
74th Anti-Aircraft Artillery Division (Mytishchi, Moscow Oblast)
76th Anti-Aircraft Artillery Division (Skolkovo, Moscow Oblast)
78th Anti-Aircraft Artillery Division (Gorkiy, Gorkiy Oblast)
80th Anti-Aircraft Artillery Division (Moscow (Lenin Hills), Moscow Oblast)
96th Anti-Aircraft Artillery Division (Panki, Moscow Oblast)
48th Anti-Aircraft Artillery Regiment (Yaroslavl, Yaroslavl Oblast)
80th Guards Anti-Aircraft Artillery Regiment (Tula, Tula Oblast)
108th Anti-Aircraft Artillery Regiment (Voronezh, Voronezh Oblast)
387th Anti-Aircraft Artillery Regiment (Sarov, Gorkiy Oblast)
389th Anti-Aircraft Artillery Regiment (Bezhitsa, Bryansk Oblast)
393th Guards Anti-Aircraft Artillery Regiment (Elektrostal, Moscow Oblast)
532nd Anti-Aircraft Artillery Regiment (Smolensk, Smolensk Oblast)
1225th Anti-Aircraft Artillery Regiment (Gorkiy, Gorkiy Oblast)
1287th Anti-Aircraft Artillery Regiment (Shcherbaki, Kalinin Oblast)
92nd independent Regiment for Radar Countermeasures (Moscow, Moscow Oblast)

Organisation 1962:

118th Communications Center (Moscow, Moscow Oblast)
6th independent Radio-Technical Regiment (Klin, Moscow Oblast)
436th independent Transport Aviation Regiment (Stupino, Moscow Oblast)
103rd independent Communications and Radio-Technical Support Company (Stupino, Moscow Oblast)
2367th independent Radio-Relay Battalion (Nemchinovka, Moscow Oblast)
52nd independent Airfield Engineer Battalion (Kosterevo, Moscow Oblast)
1470th independent Engineer Battalion (Elektrostal, Moscow Oblast)
193rd independent Transport Battalion (Moscow, Moscow Oblast)
1st Air Defence Army for Special Use (Balashikha, Moscow Oblast)
2nd Air Defence Corps (Rzhev, Rzhev Oblast)
3rd Air Defence Corps (Yaroslavl, Yaroslavl Oblast)
7th Air Defence Corps (Bryansk, Bryansk Oblast)
18th Air Defence Division (Gorkiy, Gorkiy Oblast)

Awarded the Order of Lenin 22.6.68.

Organisation 1970:

16th Air Defence Corps (Gorkiy, Gorkiy Oblast)

Organisation 1980:

712th Data Center (Moscow, Moscow Oblast)

Organisation 1988:

1998 renamed Moscow Air Force and Air Defence District.

2002 renamed Special Purpose Troop Command.

Moscow, Moscow Oblast, 1948 - today [55 45 59N, 37 38 22E]

Subordination:

GK PVO, 1948 - 7.98
GK VVS and PVO, 7.98 - today

IMAGES

Domestic violence act 2005
Domestic Violence Act, 2005
Protection of Women from Domestic Violence Act, 2005 UPSC
Everything You Need To Know About The Domestic Violence Act (PWDVA), 2005
(PDF) A CRITICAL OVERVIEW OF DOMESTIC VIOLENCE ACT 2005 WITH REFERENCE
Domestic Violence Act 2005 in English

COMMENTS

The Protection of Women from Domestic Violence Act, 2005
The objectives of the Protection of Women from Domestic Violence Act, 2005 is to serve the following purposes: To identify and determine that every act of domestic violence is unlawful and punishable by law. To provide protection to victims of domestic violence in the cases such acts occur. To serve justice in a timely, cost-effective, and ...
Protection of Women from Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act 2005 [a] is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government and Ministry of Women and Child Development on 26 October 2006. The Act provides a definition of "domestic violence" for the first time in Indian law ...
PDF Protection of Women from Domestic Violence Act, 2005: A Critical Overview
from Domestic Violence Act, 2005' and its significance in dealing with the problem of domestic violence. Hence the report has been split into 3 parts: history & background, an overview of the legislation and the analysis of the legislation. Section I: History & Background I. Domestic Violence in India: What does it constitute?
Protection of Women from Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act, 2005 was enacted by the Parliament of India to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and other related incidents. This article will discuss one of the important acts ...
Critical Analysis of Domestic Violence Act, 2005
The question raised in this article is how far the Domestic Violence Act, 2005 has succeeded in fulfilling the requirements of adequately defining all forms of domestic violence and providing redressal and protection to its victims. The issue has been tackled on conceptual and practical grounds, while the aforesaid enactment is an important ...
Violence against women: Where are the solutions?
The Protection of Women from Domestic Violence Act (PWDVA), 2005 defines domestic violence as any act, omission or commission or conduct of the respondent, which includes threat or actual abuse. In the 1996 survey of 6902 men in the state of Uttar Pradesh, up to 45% of married men acknowledged physically abusing their wives.
Domestic Violence Act 2005 Essay
Domestic Violence Act 2005 Essay. 981 Words4 Pages. Scope of the act: Primarily meant to provide protection to a woman or female live-in partner from domestic violence in the hands of the husband or male live-in partner or his relatives, the regulation also extends its protection to girls living in a household which includes sisters, widows or ...
The Protection of Women From Domestic Violence in India: in ...
Abusers use physical and sexual violence, threats, emotional insults and economic deprivation as a way to dominate their victims and get their way. After a decade-long process, a comprehensive domestic violence law, known as the Protection of Women from Domestic Violence Act (PWDVA) 2005, took effect in 2006.
Domestic Violence Act 2005 Essay
The prominent features of the Protection from Domestic Violence Act, 2005 are as follows: • The Act seeks to cover those women who are or were in a relationship with the abuser in which both the parties have lived collectively in a shared household and are related by means of consanguinity, marriage or a relationship inside the nature of marriage, or adoption; similarly dating with own ...
The Domestic Violence Act 2005
The Domestic Violence Act 2005. The domestic violence is one of the biggest crimes against women which are linked to their harmful position in the society. In our society Domestic violence refers to violence against women especially in married homes. Therefore domestic violence is familiar as the main barrier of the empowerment of women, with ...
PDF The Protection of Women From Domestic Violence Act, 2005 Arrangement of
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 ACT NO. 43 OF 2005 [13th September, 2005.] An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and formatters connected therewith or incidental thereto. ...
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The essay will also look at how such abuse affects society and the judicial system, particularly how it perpetuates ... Protection of Women from Domestic Violence Act, 2005. This landmark law aims to safeguard women from domestic violence by offering civil remedies, protection orders, and legal aid to victims. ...
Fighting Violence Against Women: Laws, Norms & Challenges Ahead
In this essay, we take stock of legislative developments related to VAW around the world, with a focus on the variation in approaches toward intimate partner vio- ... punish domestic violence, and then later to combat a broader range of violent and harassing practices. Often, however, laws look good on paper but violence and ha-rassment remain ...
Domestic Violence Act 2005
The Protection of Women from Domestic Violence Act 2005 was brought into force by the Indian government from October 26, 2006. The Act was passed by the Parliament in August 2005. (1) For the purposes of this Act, any conduct of the respondent shall constitute domestic violence if he,—. • habitually assaults or makes the life of the ...
Protection of Women from Domestic Violence Act: A Critical Exegesis
The passage and subsequent enforcement of the Protection of Women from Domestic Violence Act (hereinafter 'PWDVA') in 2005 and 2006 respectively, heralded a comprehensive legal framework for tackling domestic violence, for the first time in India, which recognized the lack of safety not only in marital, but all domestic relationships.
Essay On Domestic Violence in English for Students
Answer 2: Domestic violence affects women in terms of ill health. It causes serious consequences on their mental and physical health which includes reproductive and sexual health. It also includes injuries, gynaecological problems, depression, suicide and more. Share with friends.
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Title: Unit-7 Protection of Women From Domestic Violence Act, 2005: Issue Date: 20-Apr-2017: Publisher: IGNOU: URI: http://hdl.handle.net/123456789/9904
The Protection of Women from Domestic Violence Act, 2005 (Summary)
Article shared by. Essay on Domestic Violence Act, 2005 ! In order to protect the rights of women who are victims of violence of any kind occurring within the family and to provide for matters connected therewith or incidental thereto, the Parliament enacted the Protection of Women from Domestic Violence Act, 2005 which came into effect from 26th October, 2006.
Prevention of Domestic Violence Act, Chapter 7:05
The Prevention of Domestic Violence Act defines and prohibits domestic and related gender-based violence, as well as provides for legal remedies and ancillary issues (e.g., financial wellbeing of abused persons). Protection orders can be obtained under the Act by, and not limited to, (a) an abused spouse, (b) a child subjected to domestic violence, and/or (c) a parent who has a child in common ...
Economic Abuse: A Neglected Facet of Domestic Abuse
What are the safeguards available against Economic Abuse? The Protection of Women from Domestic Violence Act (PWDVA) of 2005, which defines economic violence broadly and provides for monetary relief, compensation, and protection orders for the aggrieved women.; The Code of Criminal Procedure of 1973, which empowers courts to order maintenance for wives, children, and parents who are neglected ...
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efforts are insufficient to generate the domestic response it likely desires.[12] Russian authorities are increasing legal pressure against migrants in Russia following recent Russian officials' proposals for harsher, measures against migrant communities in response to the March 22 Crocus City Hall attack.
Elektrostal, Moscow Oblast, Russia
Elektrostal Geography. Geographic Information regarding City of Elektrostal. Elektrostal Geographical coordinates. Latitude: 55.8, Longitude: 38.45. 55° 48′ 0″ North, 38° 27′ 0″ East. Elektrostal Area. 4,951 hectares. 49.51 km² (19.12 sq mi) Elektrostal Altitude.
15 men brought to military enlistment office after mass brawl in Moscow
29 people were also taken to police stations. Among the arrested were citizens of Kyrgyzstan. A mass brawl involving over 100 employees and security personnel broke out at the Wildberries warehouse in Elektrostal on Dec. 8.
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Ордена Ленина Московский округ ПВО. Activated 1948 in Moscow, Moscow Oblast, as the Moscow Air Defence Region, from the North-Western Air Defence District. 1950 renamed Moscow Air Defence District. Awarded the Order of Lenin 22.6.68. 1998 renamed Moscow Air Force and Air Defence District. 2002 renamed Special ...

The Protection of Women from Domestic Violence Act, 2005

Introduction

Domestic violence: a social evil

Objectives of the Domestic Violence Act, 2005

Essential provisions of the Domestic Violence Act, 2005

Powers and functions of Protection Officers

Powers and functions of service providers

Duties and functions of police officers and Magistrate

Duties of shelter homes and medical facilities

Duties of the Government

Application to the Magistrate

Monetary reliefs

Custody orders

Protection orders

Residence order

Jurisdiction and procedure

Legislative intent of the Domestic Violence Act, 2005

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Protection of Women from Domestic Violence Act, 2005

What does Domestic Violence mean?

Types of Domestic Violence

Salient Features of Protection of Women from Domestic Violence Act, 2005 (PWDVA)

Role of Government

FAQ about Protection of Women from Domestic Violence Act, 2005

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Critical Analysis of Domestic Violence Act, 2005

Pallavi Mahajan

Pallavi Mahajan (Contact Author)

Family & Children's Law eJournal

Violence against women: Where are the solutions?

WOMAN'S PLACE IN SOCIETY

VIOLENCE AGAINST WOMEN: THE EVIDENCE

DOMESTIC VIOLENCE

SEXUAL HARASSMENT AT WORK PLACE

DOWRY RELATED VIOLENCE

CAUSES OF VIOLENCE AGAINST WOMEN: RISK FACTORS

Sociodemographic factors

Family factors

Married women with mental illness: The triple tragedy[ 29 ]

Traditional and cultural practices perpetuating violence against women[ 4 ]

Acid attacks

Killing in the name of family honour

Early marriages

Sociocultural factors disfavouring women

Modernisation

Late marriages

Life stress

Judiciary and law enforcement machinery

Decline in moral and religious values

VIOLENCE AGAINST WOMEN: WHAT HAS BEEN DONE

Legislative response

Domestic legal remedies in India

DO WE HAVE SOLUTIONS?

RECOMMENDATIONS FOR COMBATING VIOLENCE AGAINST WOMEN

Restriction on use of alcohol

Control on media

Strengthening the institution of marriage

Law enforcement

Legislation

Amendments in existing legislations

New legislations

Appropriate application of laws in the setting of mental illness

Code of conduct

Gender sensitization

Education and employment

Recreation and talent

Moral and religious values

Population control

Protection of Women from Domestic Violence Act: A Critical Exegesis

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Essay On Domestic Violence

Causes of Domestic Violence

Types of Domestic Violence

Conclusion of the Essay on Domestic Violence

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