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Domestic Violence Act “Shield Or Weapon of an Indian Women”: Two Sides of a Coin

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Domestic Violence Act “Shield Or Weapon of an Indian Women”: Two Sides of a Coin See discussions, stats, and author profiles for this publication at: https://www.researchgate.net/publication/324515752 Domestic violence act “shield or weapon of an Indian women”: Two sides of a coin Article · April 2018 DOI: 10.15614/ijpp.v9i01.11765 CITATIONS READS 0 1,879 3 authors: Ritu Singh Kusha Pant G. B. Pant University of Agriculture and Technology, Pantnagar G. B. Pant University of Agriculture and Technology, Pantnagar 86 PUBLICATIONS 59 CITATIONS 14 PUBLICATIONS 20 CITATIONS SEE PROFILE SEE PROFILE Amit Mishra Amity University 8 PUBLICATIONS 0 CITATIONS SEE PROFILE Some of the authors of this publication are also working on these related projects: Popular Article View project Attitude, temperament & adjustment among adolescents from foster home & normal families View project All content following this page was uploaded by Ritu Singh on 23 April 2018. The user has requested enhancement of the downloaded file. Indian Journal of Positive Psychology, 2018, 9(1), 164-168 © 2018 Indian Association of Health, Research and Welfare http://www.iahrw.com/index.php/home/journal_detail/19#list ISSN-p-2229-4937,e-2321-368X DOI: https://doi.org/10.15614/ijpp.v9i01.11765 UGC Journal No 42790 and NAAS Rating 4.64 Domestic violence act “shield or weapon of an Indian women”: Two sides of a coin Ritu Singh and Kusha Pant Amit K. Mishra Department of Human Development and Family Studies Amity School of Business College of Home Science, G.B. Pant University of Agriculture Amity University & Technology, Uttarakhand Noida, Utter Pradesh 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 Domestic violence causes far more pain than the visible marks of “Mr. X went to meet his wife to settle a fight and promised her a bruises and scars. It is devastating to be abused by someone whom gift. When they met, they chatted for a while and then came the you love and think loves you in return. surprise. He lovingly asked his wife to turn around and close her All the victims of domestic violence need assistance and deserve eyes. When she did, thinking that he has got her a necklace, he put a justice irrespective of any discrimination by caste, creed, age and clutch wire around her neck and choked her to death, revealed a gender. police officer on Manoj Kumar Case who chocked her wife to death “In the noisy lobby of the Delhi State Legal Services Authority, a in suspicion of her extra-marital affair”(Bhardwaj, 2017). 23-years-old married woman was waiting for a lawyer to take up her “The Tandoor Murder Case of Naina Sahni in 1995 is one of the case. While narrating the abuse and violence she has faced from her dreadful incident of a woman being killed and then burnt in a tandoor husband and his family over the last three-four years, she revealed by her husband. This incidence was an outcome of suspicion of physical torture, starvation, three miscarriages, dowry demands and extra-marital affairs of wife which led to marital discord and abuse death threats”(Sen, 2016). of all sorts” (Kumar, 2010). “A software engineer allegedly killed his wife, cut the body into “It was a mistake to educate my daughter and send her to IIT. I pieces and hid it in a deep freezer for nearly two months in Dehra Dun should have saved money for her dowry instead.” These words were in October 2010. The incident came to light when brother of the 33- spoken by the distressed father of Manjula Devak, who committed year-old victim Anupama Gulati lodged a police complaint after he suicide after being harassed for dowry by her in-laws and jobless did not get satisfactory reply from the engineer about his sister's husband”(Aravamudan, 2017). whereabouts. According to Dehra Dun SSP G S Martolia, Rajesh Today, we are living in a society where girl fetuses are aborted in banged Anupama' shead against a wall following a quarrel after worry of paying dowry at the time of their marriage; where which she fell unconscious. Later, he strangulated her in a fit of rage, women are harassed within the four walls of their marital homes cut the body into pieces and stashed them into a deep freezer”(ITGD; because of dowry demands, suspicion of extramarital affairs, Bureau, 2010). being poor home managers etc. and; where women take their own lives to get rid of domestic violence. Almost every day, Indian newspapers are full of such news which Correspondence should be sent to Dr. Ritu Singh aptly portrays domestic violence against women. Domestic violence Department of Human Development and Family Studies refers to violence or other abuse by one person against another in a College of Home Science, G.B. Pant University of Agriculture domestic setting, such as in marriage or cohabitation. Domestic & Technology, Uttarakhand violence is any behavior involving physical, psychological, E-mail: [email protected] Indian Journal of Positive Psychology 2018, 9(1), 164-168 165 sexual or verbal abuse. It is any form of aggression intended to hurt, Voice against domestic violence: formation of PWDVA damage, or kill an intimate person. It not only violates the human 2005 right but also violates one in terms of economic, health, mental and social perspective. Because of the orthodox and reckless mindset of Stop violence against women as these depressing incidences of our Indian society that “women are physically and emotionally domestic violence against women illuminates the most weaker than the males”, domestic violence against women in India is unfortunate behavior of men against women. omnipresent and has been abounding with each passing day. All Despite this discrimination being widespread, a culture of silence across our country, women are being tortured, beaten and killed pervades around it and women are still expected to bear with it behind the closed doors of homes. silently. Our traditional and orthodox mindset expects them to bear all these sufferings without any protest. However, ultimately Indian Domestic violence against women in India women and society has taken its call at domestic violence against Hinduism portrays man and woman as the two halves of the divine women and protested against it. Voices have been raised against body. Hindu history has witnessed super-women like Gargi, Maitreyi these inhuman practices at many platforms but all went in vain with and Sulabha, whose ability of reasoning was far superior to that of no concrete actions towards it. Efforts had also been made to bring ordinary individuals. Many female goddesses like Saraswati, Durga, about cultural change by creating awareness, educating people and Laxmi, Kali, etc. are being worshipped across the country since ages. through legal actions. History of voices for women rights dates back Most of the Indian Rivers like Ganga, Yanuma, Saraswati, to 19th century. Bhagirathi, Godavari etc are also named after women. During Vedic It is Raja Ram-Mohan Roy who can be called the creator of period, they say that women were respected. They had freedom to get women's rights movements. He was responsible for bringing about education and make their own decisions. socio-legal changes pertaining to the de-legitimization of child But, in practice it was contrary. Women were always considered marriage, sati pratha and legitimization of widow remarriage. In inferior to men. They were dominated and many times abused by 1829, his mobilization against sati pratha created required public men. The violence against women is a centuries-old phenomenon. It opinion to make the practice a criminal offence. The aim was to has been performed in the name of religion, social customs and make woman's life more humane and to protect her against violence. rituals within the premises of home which is considered to be the During the colonial period, there were provisions under the IPC and temple of warmth, respect, security and safety of its members.
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