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Domestic Violence Act “shield or Weapon of an Indian Women”:Two Sides of a Coin


Affiliations
1 Department of Human Development and Family Studies, College of Home Science, G.B. Pant University of Agriculture & Technology, Uttarakhand, India
2 Amity School of Business, Amity University, Noida, Utter Pradesh, India
     

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Domestic violence refers to violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation. In India, one out of every fourth Indian women is a victim of domestic violence at some point of her life or the other. The Protection of Women from Domestic Violence Act (2005) has been passed under Indian Constitution which ensures protection of women against violence of any kind occurring within the family and for matters connected therewith or incidental thereto. On the face of it, the law appears to be a “shield” or blessing for Indian women who are into abusive or violent relationships. However, another disturbing fact is that at times, women themselves have played an unpleasant and catalytic role in perpetrating violence against another woman like daughter-in-law, mother-in-law or female domestic helps. Second issue is that if it's male dominated society in some parts of India it's also female dominated in few other parts of it. Thirdly, nowadays, males and females both are equally involved in different crimes in the country like theft, murder, abduction etc. In light of all these facts, it can be said that if in most instances domestic violence is perpetrated by man in some instances it can be vice versa too. Instances exist whereby protective legal provisions for the benefit of women have been subjected to distortion and misuse and women have used PWDVA as “weapon” to wreak petty revenge and to settle scores. Deep scrutiny of PWDVA projects that “it” in an attempt towards “women and children welfare”, has granted Indian women an unconditional legal supremacy over men and created a society where men are deprived of their rights of “welfare”. The bottom-line therefore, is the fair incantation of legal provisions and their objective and honest implementation. The responsibility of this lies on the shoulders of we educated and elite group of the society.

Keywords

Marriage, Abuse, Domestic Violence, Women.
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  • Anwar, T. (2015). Flipside of dowry law: Men recall how section 498(A) is unfairly used against them. First Post. Retrieved from http://www.firstpost.com/india/flipside-of-dowry-law-men-recall-how-section-498a-is-unfairly-used-against-them-2172943.html
  • Aravamudan, G. (2017). IIT scholar Manjula Devak's suicide shows that in India, dowry is still a silent killer of women. First Post. Retrieved from http://www.firstpost.com /living/iit-scholar-manjula-devak-suicide-shows-that-in-india-dowry-is-still-a-silent-killer-of-women-3538163.html
  • Banerji, R. (2015). These cases highlight the pathetic state of male sexual harassment laws in the country. India Times. Retrieved from http://www.indiatimes.com/news/india/these-cases-highlight-the-pathetic-state-of-male-sexual-harassment-laws-in-the-country-247504.html
  • Bhardwaj, A. (2017). Delhi man promises wife a surprise, asks her to close eyes, then strangles her. Hindustan Times. Retrieved from http://www.hindustantimes.com/delhi-news/delhi-man-promises-wife-a-surprise-asks-her-to-close-eyes-then-strangles-her/story-7RksAc43fM3MDf2e9PD0vK.html
  • Chatterjee, A. (2016). When men are victims. The Telegraph India. Retrieved from https://www.telegraphindia.com/1160522/jsp/7days/story_86896.jsp
  • Desai, D. (2013). When husbands are victims of domestic violence. The Times of India. Retrieved fromhttp://epaper.timesofindia.com/Default/Layout/Includes/TOINEW/ArtWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIBG%2F2013%2F11%2F19&ViewMode=HTML&PageLabel=25&EntityId=Ar02500&AppName=1
  • Devalla, R. (2017). Out to help male victims. The Hindu. Retrieved from http://www.thehindu.com/news/national/andhra-pradesh/out-to-help-male-victims-of-domestic-violence/article18070900.ece
  • Dhillon, A. (2017, August 20). The tide of unfairness turns in India as women abuse shield law. The Sydney Morning Herald. Retrieved from http://www.smh.com.au/world/the-tide-of-unfairness-turns-in-india-as-women-abuse-shield-law-20170809-gxsuh6.html
  • Imranullah, S. M. (2015). Domestic Violence Act only a shield. The Hindu. Retrieved from http://www.thehindu.com/news/cities/Madurai/domestic-violence-act-only-a-shield/article7820925.ece
  • India court says women misusing dowry law (2014). Retrieved from http://www.bbc.com/news/world-asia-india-28140205
  • ITGD Bureau (2010). Software engineer kills wife, chops body into pieces in Dehradun. India Today. Retrieved from http://indiatoday.intoday.in/story/software-engineer-kills-wife-chops-body-into-pieces-in-dehradun/1/123059.html
  • Khan, S. (2015). Man, LLB, turns tables on wife rape charge. The Times of India. Retrieved from https://timesofindia.indiatimes.com/city/ahmedabad/Man-LLB-turns-tables-on-wifes-rape-charge/articleshow/47090584.cms
  • Kumar, A. (2010). Domestic violence in India: Causes, consequences and remedies. Youth Ki Awaaz. Retrieved from https://www.youthkiawaaz.com/2010/02/domestic-violence-in-india-causes-consequences-and-remedies-2/
  • Kumari, P. V. (2013). Harassed husband challenges Domestic Violence Act. The Times of India. Retrieved from https://timesofindia.indiatimes.com/city/bengaluru/Harassed-husband-challenges-Domestic-Violence-Act/articleshow/19082232.cms
  • Sen, S. (2016). Ten years on, where does the domestic violence act stand. Live Mint. Retrieved from http://www.livemint.com/Politics/oin3GVsX0EJkR8uccpniIJ/Ten-years-on-where-does-the-Domestic-Violence-Act-stand.html

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  • Domestic Violence Act “shield or Weapon of an Indian Women”:Two Sides of a Coin

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Authors

Ritu Singh
Department of Human Development and Family Studies, College of Home Science, G.B. Pant University of Agriculture & Technology, Uttarakhand, India
Kusha Pant
Department of Human Development and Family Studies, College of Home Science, G.B. Pant University of Agriculture & Technology, Uttarakhand, India
Amit K. Mishra
Amity School of Business, Amity University, Noida, Utter Pradesh, India

Abstract


Domestic violence refers to violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation. In India, one out of every fourth Indian women is a victim of domestic violence at some point of her life or the other. The Protection of Women from Domestic Violence Act (2005) has been passed under Indian Constitution which ensures protection of women against violence of any kind occurring within the family and for matters connected therewith or incidental thereto. On the face of it, the law appears to be a “shield” or blessing for Indian women who are into abusive or violent relationships. However, another disturbing fact is that at times, women themselves have played an unpleasant and catalytic role in perpetrating violence against another woman like daughter-in-law, mother-in-law or female domestic helps. Second issue is that if it's male dominated society in some parts of India it's also female dominated in few other parts of it. Thirdly, nowadays, males and females both are equally involved in different crimes in the country like theft, murder, abduction etc. In light of all these facts, it can be said that if in most instances domestic violence is perpetrated by man in some instances it can be vice versa too. Instances exist whereby protective legal provisions for the benefit of women have been subjected to distortion and misuse and women have used PWDVA as “weapon” to wreak petty revenge and to settle scores. Deep scrutiny of PWDVA projects that “it” in an attempt towards “women and children welfare”, has granted Indian women an unconditional legal supremacy over men and created a society where men are deprived of their rights of “welfare”. The bottom-line therefore, is the fair incantation of legal provisions and their objective and honest implementation. The responsibility of this lies on the shoulders of we educated and elite group of the society.

Keywords


Marriage, Abuse, Domestic Violence, Women.

References





DOI: https://doi.org/10.15614/ijpp%2F2018%2Fv9i1%2F173730