An article about protecting women from domestic violence & the implementation of the Domestic Violence Act:
Shailaja Chandra, “Towards protecting women,” The Hindu, June 17 ,2010.
“The Delhi High Court ruled recently that a woman can also be held liable under the Protection of Women from Domestic Violence Act 2005. This the court did on the basis of the interpretation that ‘relatives’ included not only male but also female members of a family. The absence of such a provision, it felt, could encourage men to instigate women members of a family to commit violence.
“The Act came about in response to decade-long pressure from international organisations and activists in India. But five years later, despite noble intentions, it remains an unviable proposition. Little thinking has gone into understanding the context in which spousal abuse overwhelmingly occurs in India. The ground realities have been ignored and the implementation aspects left woolly and unprovided for.
“Whereas domestic violence takes place in all social, economic and cultural settings worldwide, in India the difference is that families are conditioned to tolerate, allow, even rationalise domestic violence. Most of the violence takes place inside homes which should offer the woman maximum security. The 2005 law focusses on the prohibition of marital aggression, the issue of protection and maintenance orders against husbands and partners who abuse a woman emotionally, physically or economically. This sounds fine on paper, but a one-size-fits-all approach ignores women who need such protection the most.
“There is no use having a law that is meant for the whole country when there is no one to implement it. Until full-time and properly oriented protection officers are recruited — which seems to be an unattainable target now — a more practical way would be to prescribe summary disposal of cases through weekly courts organised at the tehsil or ward level. The protection officer’s responsibility should be confined to giving a report before a mobile magistrate citing two witnesses from the neighbourhood. For every case where a protection order is issued, the protection officer and the witnesses should be compensated in recognition of having successfully brought forward the case for intervention. At the village level, the panchayats as well as the health, education and social welfare fieldworkers and non-governmental organisations could be permitted to voluntarily take on the role of protection officials, to be compensated for every case that ends in favour of a battered woman.”