Women, Domestic Violence Law And Justice Delivery System In India

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Abstract:

The Indian Constitution envisages its vision and mission in its Preamble. Arbitrary interpretation of the law is always dismantled the justice system. But justice in judges is still alive in India through some landmark judgments. Domestic violence is a violation of gender equality. It is also a violation of fundamental human rights. Fearful and insecure role of women and the patriarchal social approach are some of the causes of domestic violence. Ignorance, alcohol, the internet and lack of sex in marital life are the major causes of domestic violence. Integrated value-based education can be a remedy for domestic violence to some degree.

Keywords: Domestic violence, gender equality, human rights, value-based education, justice.

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Introduction

The Preamble of the Indian Constitution very clearly states the fundamental values and philosophy for the people of India. Our constitution stands on four noble concepts: justice, liberty, equality and fraternity. We, the people of India have all sovereign power and authority as per the democratic constitutional concept but realistically, this sovereignty and authority are orphaned like Siamese twins in every nook and corner of India. All citizens of India are bounded to abide by the constitution and respected its noble ideal of social, economic and political justice. Every law must be made and interpreted in the light of the noble vision of the Preamble because the Preamble is the cornerstone of the constitution. If anybody is trying to interpret the law discarding the enshrined concept in the Preamble and the Constitution, it would be unlawful and unconstitutional. Many laws and judgments come out in India disregarding the fundamental principles of the Constitution. Arbitrary interpretation of the law has always dismantled justice in the justice delivery system. The Protection of Women from Domestic Violence Act, 2005 is not an exemption to this arbitrary interpretation. Justice only survives because justice in some judges is still alive through some landmark judgments.

There are a plethora of judgments from many High Courts and the Supreme Court in the light of the Domestic Violence Act, 2005. One of the important judgment has come from the Gujarat High Court in the case of Bharatiben Bipinbhai Tamboli v. State of Gujarat and Ors. According to the observation in this most remarkable judgment, the domestic violence is widespread in our country and most of the women faces such violence in their homes in some form or other in almost every day basis. Domestic violence is least reported in the media. Almost all the women face the never-ending cycle of domestic violence and discrimination as a daughter, a sister, a wife, a mother, a life partner and widow in her lifetime. Many of them are incapable to retaliate in their life out of ignorance or fear of further consequences. The majority of them do not know about the existing laws for the protection of women. They are also fearful about the attitude of the common society. That is why they are the most vulnerable community. Most of the cases are reported in public because of the social stigma and also the attitude of the women themselves. Domestic violence law had come in force from 2005 before that women had to go to the civil court for the offence punishable under section 498A of the Indian Penal Code. In these proceedings, there is no scope of getting emergency relief to the victim. Out of the compulsion of the situation and weak laws for them, many women prefer to torment in life silently. Considering all these situations, Parliament decided to enact Domestic Violence Law. The most important need is to protect every woman from violence. It is one of the progressive law for women in India.

Domestic Violence Act defines the aggrieved person as per section 2(a) any person who is in a domestic relationship with the respondent. Any women who have been subjected to any act of domestic violence by the respondent. Domestic violence Act covers all type of women who are in a relationship or lived together in a shared household like wife, mother, sister, widows and living in any other relationship. They are all eligible to protect legally under the Domestic Violence Act. Before the Protection of Women from Domestic Violence Act, 2005, there was provision for the protection of the women in the Indian Penal Code under section 498-A. As per the IPC 498-A, whosoever being the husband or relative of the husband of a woman shall be punished for the offence against the women. This law was not sufficient in the modern context and therefore, the Indian parliament had come forward with a new act. According to the new act, the concept of domestic violence has changed and also widened to recognize every type of abuse to women as an offence. It is the most revolutionary step of the Indian Parliament to ensure a violence-free home for every woman of this country.

As per section 3 of the Domestic Act, 2005, any type of act which harms the health, safety, life, well-being of the women and physical and mental harassment, all are coming under the ambit of domestic violence. All unlawful demand for dowry or any valuable things from the women covers under this act. Thus, this act covers everything that tends to cause any mental, physical, emotional, sexual or economic harm to the women. In the context of domestic violence, the law defines the meaning of domestic relationships. All relationships between two people who live together in a shared household when they are related by consanguinity, marriage, or through a relationship like marriage, adoption or family members living together as a joint family.

One aspect of the Indian society tells that women should be worshipped and respected in every home and law also tells that every woman should be protected and ensured justice to them for blooming their life with full potentiality. But the discrimination starts with women from before and after birth. Abortions of the female child in India have imbalanced the gender ratio in many states of the country. It makes psychological trauma for the mothers’ of the female child who are terminated from life before their birth through abortion. No law has made to cover such psychological damages to the women in India. Right to life of a female child is needed to protect before and after birth. No women would be ready for killing their children in their wombs but the pressure from the domestic background is always forced to victimize in their life. In the absence of mental endorsement, this type of cruelty is happening with women. But these mental atrocities have happened in a silent zone of the domestic life, such trauma has rarely been discussed in the public domain by the women who have undergone through the process of abortion.

Our constitution envisages gender equality but in a practical sense, women in domestic life do not receive any gender equality in their day to day life. What should be the right of a woman? A woman should have the capacity to decide or act on her behalf and also should have equal access to economic resources of the entire family and equitable opportunity to develop in full potentiality to achieve political, social and economic justice in their life. Speaking, gender equality should be included as fundamental human rights in India. Women should have an equal share in the domain of politics, social and economic life from family to the parliament of India.

Domestic violence against women is a fundamental human rights violations in India. Domestic violence is also a violation of the fundamental freedom of women such as the right to liberty. Domestic violence can be in the form of physical, emotional or mental. Making law is not a sufficient remedy to domestic violence. Women should feel a fearless life in domestic life. Fearless domestic freedom to express emotions in the domain of domestic life can ensure their fundament human right. Fear of violence in their mind suppress them in various areas of life. Fear of violence in the mind of women is so deep in their life and it cannot out easily with merely passing a law. Even after passing a law of protection in Parliament in connection with domestic violence, women are not dared to approach justice delivering authorities in India. Because there is male domination in the departments of Police and Judiciary.

Domestic violence in Indian families is the outcome of a discriminative approach of society in common. Domestic violence shatters the legitimate rights of women for leading a fearless domestic life. The major cause of domestic violence is the result of male dominance in the families as well as in society.

The victims of domestic violence can be from any strata of society. Children can be abused in the family and they can also be the victim of domestic violence. Women and children in the family are the most vulnerable members of the family but many times, women are the victims of domestic violence. They face various kinds of crime like dowry death, sexual harassment, girl child abuse, molestation, importation, wife battering, physical and mental torture etc. The common violence against women is domestic violence in society. Women suffer in their marital life because of the brutal behaviour of husbands and in-laws in the family.

Denial of conjugal right in marital life is one of the reasons for domestic violence. Couples also suffer from such mental cruelty which leads to domestic violence indirectly. Conjugal right of couples is the most important element for uniting the couples in emotional relation. Psychological counsellors always point out that the real problems between the husband and wife may be the denial of conjugal right in their marital life. For a long time, they are emotionally distanced from each other and there is a communication gap between them. It is widening day by day and it is sometimes leading to domestic violence and in rare cases, it will lead towards divorce. Courts in India never scan the real issues in family life. Legal luminaries always analyze the external incidents and arguments of the couples and relatives. Nobody is dared to touch the real root cause of the beginning of the emotional distance among the husbands and wives.

Another important cause of domestic violence in the family members is the addiction to alcohol and the internet. Like a plant bending in the direction of sunlight, many men mentally bending towards alcohol and the internet for alternative pleasures. This is another danger for keeping domestic peace in the family. Alcohol and the internet may be caused by much domestic violence in families. Children are addicted to video games and parents do not allow them, children are emotionally violent towards parents.

Conclusion

To conclude, the root cause of domestic violence is the result of the lack of moral and ethical guidance and lack of value-based education in our schooling system. A value-based education should be integrated with the traditional education system as the remedial measure for reducing domestic violence to some degree. From school education to university education, the upcoming student generation should be encouraged to form the best family and best citizens of the country by psychological counselors. The new policy on education should be seriously thought about the noblest ideas of making how can we lead a peaceful family and a peaceful nation.

Works Cited

  1. Ambedkar, B.R, (2019), The Constitution of India, Buddham Publishers, Jaipur.
  2. Reddi, Padala Rama, (2007), The Indian Penal Code, Asia Law House, Hyderabad.
  3. Remanan, R.P, (2014), Human Rights Concept and Concern, Current Books, Kottayam.
  4. Retrieved National Commission for Women from http://ncw.nic.in
  5. Retrieved Court Judgment from http://indiakanoon.org

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