CBSE Textbook: Prevention of Violence against Women | Legal Studies for Class 11 - Humanities/Arts PDF Download

 Page 1


UNIT I UNIT III UNIT IV
UNIT V
UNIT II
Prevention of  
Violence against Women
Contents
I. What is Domestic abuse/violence?
II. International Legal Framework
III. Laws in India on Prevention of Violence against Women
IV. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
•	 Understand 	the 	 concep t 	 of	 violence 	 against 	 women
•	 T race 	 the 	evolution 	of 	l aws	on 	 violence 	 against	 women 	in 	 India
•	 Critically	 evaluate 	 the 	la ws 	 for 	 protection 	 of 	 women 	 in 	 India
I. What is domestic abuse/violence?
Domestic	 abuse, 	 also 	 called 	 ‘domestic 	 violence’, 	 can	 be 	 defined 	 as	 a 	 patter n 	 of 	 behavior 	 in 	 any 	
domestic relationship that is used to gain or maintain power and control over another. 
Abuse 	 is 	 physical, 	 se xual, 	 emotional, 	 economic 	 or 	 psychological 	 actions	 or 	 thr eats	 of 	 actions 	 that	
influence 	 another 	 person. 	 This 	 includes 	 any 	 behavior 	 that 	 frighten,	 intimidate, 	 ter rorize,	 manipulate, 	
hur t, 	 humiliate, 	 blame, 	 injur e,	 or	 wound 	 someone. 	 Domestic 	 abuse 	 can 	 happen 	 to 	 anyone 	 of	 any	
race, age, sexual orientation, religion, or gender. It can occur within a range of relationships including 
couples who are married, living together or dating. Domestic violence affects people of all socio 
economic background and education level. 
Domestic	 violence	 is 	 largely 	 forbidden	 in 	 the 	 W ester n 	 countries. 	 However ,	 in 	 many	 countries 	 domestic 	
violence	 is 	 either 	 legally 	 r ecognized 	 or 	 socially	 acceptable. 	 F or 	 e xample, 	 the 	 United	 Arab	 Emirates’ 	
laws 	 allow	 the	 man 	 the 	 use 	 of 	 limited 	 physical	 means 	 to 	 discipline 	 his 	 wife 	 and 	 childr en. 	 Domestic 	
violence	 is 	 also 	 a	 socially	 acceptable 	 practice, 	 including 	 by	 women 	 themselves, 	 in	 many 	 developing 	
countries like Jordan, Guinea, Zambia, Sierra Leone, Laos, and Ethiopia.
II. International Legal Framework
The 	 concer n	 for 	 ‘violence 	 against 	 women ’ 	 including 	 violence	 in 	 intimate	 r elationships, 	 has 	 significantly 	
e xisted 	 in 	 inter national 	 discourses	 and 	 legal 	 frameworks. 	 The	 Convention 	 on 	 the 	 Elimination	 of 	 All	
F or ms 	 of	 Discrimination 	 against 	 W omen, 	 1979	 (CEDA W) 	 is	 a	 United 	 Nations 	 tr eaty 	 that	 defines 	
what constitutes discrimination against women and sets up an agenda for national action to end 
such 	 discrimin ation. 	 CEDA W 	 is 	 often 	 r efer r ed 	 to 	 as 	 the 	 inter national 	 bill	 of	 rights	 for 	 women	 and 	
has 99 countries, including India, as signatories who have committed themselves to undertake 
CHAPTER
5
Page 2


UNIT I UNIT III UNIT IV
UNIT V
UNIT II
Prevention of  
Violence against Women
Contents
I. What is Domestic abuse/violence?
II. International Legal Framework
III. Laws in India on Prevention of Violence against Women
IV. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
•	 Understand 	the 	 concep t 	 of	 violence 	 against 	 women
•	 T race 	 the 	evolution 	of 	l aws	on 	 violence 	 against	 women 	in 	 India
•	 Critically	 evaluate 	 the 	la ws 	 for 	 protection 	 of 	 women 	 in 	 India
I. What is domestic abuse/violence?
Domestic	 abuse, 	 also 	 called 	 ‘domestic 	 violence’, 	 can	 be 	 defined 	 as	 a 	 patter n 	 of 	 behavior 	 in 	 any 	
domestic relationship that is used to gain or maintain power and control over another. 
Abuse 	 is 	 physical, 	 se xual, 	 emotional, 	 economic 	 or 	 psychological 	 actions	 or 	 thr eats	 of 	 actions 	 that	
influence 	 another 	 person. 	 This 	 includes 	 any 	 behavior 	 that 	 frighten,	 intimidate, 	 ter rorize,	 manipulate, 	
hur t, 	 humiliate, 	 blame, 	 injur e,	 or	 wound 	 someone. 	 Domestic 	 abuse 	 can 	 happen 	 to 	 anyone 	 of	 any	
race, age, sexual orientation, religion, or gender. It can occur within a range of relationships including 
couples who are married, living together or dating. Domestic violence affects people of all socio 
economic background and education level. 
Domestic	 violence	 is 	 largely 	 forbidden	 in 	 the 	 W ester n 	 countries. 	 However ,	 in 	 many	 countries 	 domestic 	
violence	 is 	 either 	 legally 	 r ecognized 	 or 	 socially	 acceptable. 	 F or 	 e xample, 	 the 	 United	 Arab	 Emirates’ 	
laws 	 allow	 the	 man 	 the 	 use 	 of 	 limited 	 physical	 means 	 to 	 discipline 	 his 	 wife 	 and 	 childr en. 	 Domestic 	
violence	 is 	 also 	 a	 socially	 acceptable 	 practice, 	 including 	 by	 women 	 themselves, 	 in	 many 	 developing 	
countries like Jordan, Guinea, Zambia, Sierra Leone, Laos, and Ethiopia.
II. International Legal Framework
The 	 concer n	 for 	 ‘violence 	 against 	 women ’ 	 including 	 violence	 in 	 intimate	 r elationships, 	 has 	 significantly 	
e xisted 	 in 	 inter national 	 discourses	 and 	 legal 	 frameworks. 	 The	 Convention 	 on 	 the 	 Elimination	 of 	 All	
F or ms 	 of	 Discrimination 	 against 	 W omen, 	 1979	 (CEDA W) 	 is	 a	 United 	 Nations 	 tr eaty 	 that	 defines 	
what constitutes discrimination against women and sets up an agenda for national action to end 
such 	 discrimin ation. 	 CEDA W 	 is 	 often 	 r efer r ed 	 to 	 as 	 the 	 inter national 	 bill	 of	 rights	 for 	 women	 and 	
has 99 countries, including India, as signatories who have committed themselves to undertake 
CHAPTER
5
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
various 	 measur es 	 to 	 end 	 discrimination 	 against	 women 	 in 	 all 	 for ms. 	 In 	 1992, 	 the 	 CEDA W	 Committee 	
r ecommended 	 that	 any 	 for m 	 of 	 discrimination	 or 	 violatio n 	 of	 women ’s	 rights 	 amounts	 to 	 violence	 and 	
that 	 the	State 	 is	r esponsible 	 for 	 such 	violence 	 committed	 both 	by	 state 	 as	 well 	as 	 private 	 individuals.
The 	 UN 	 Declaration	 on 	 Elim ination 	 of 	 V iolence	 agains t	 W omen 	 was	 adopted 	 in 	 1993	 and 	 defines 	
‘violence against women”. It is defined as any gender-based violence acts that result in, or are likely 
to result in, physical, sexual or psychological harm or suffering to women. 	 The 	 violence 	 acts	 include	
thr eats 	 of 	 such 	 actions 	 as 	 well	 as 	 coer cion	 or 	 arbitrar y 	 deprivation 	 of 	 liber ty . 	 These	 acts 	 may	 occur	
either 	 in 	 public 	 or 	 in 	 private 	 life. 	 Such 	 violence 	 might	 happen 	 within	 the 	 family 	 and 	 includes 	 battering,	
se xual 	 abuse 	 of 	 female 	 child r en 	 in 	 the 	 household, 	 dowr y -r elated 	 violence, 	 marital 	 rape,	 female 	 genital 	
mutilation 	 and 	 other 	 traditional 	 practices 	 har mful 	 to 	 women, 	 non -spousal 	 violence, 	 and 	 violence	
r elated 	 to 	 e xploitation. 	 They 	 may	 also 	 occur 	 outside 	 the 	 family 	 in 	 the 	 general 	 community 	 and	 such 	
violence	 may 	 include 	 rape,	 se xual 	 abuse, 	 se xual 	 harassment 	 and 	 intimidation 	 at 	 work, 	 in	 educational	
institutions and elsewhere, trafficking in women, and forced prostitution.
When 	 violence 	 is 	 committed 	 or	 overlooked 	 by 	 the 	 state	 it 	also 	 amounts 	 to 	‘violence 	 against 	 women ’.	
India 	 is	 a 	 par ty	 to 	 the 	 Declaration	 on 	 Elimination	 of 	 V iolence 	 against 	 W omen. 	 In 	 1996, 	 the 	 UN	
Commission 	 on 	 Human 	 Rights	 cr eated 	 the	 UN	 Model 	 L egislation 	 on	 Domestic	 V iolence	 with 	 the 	
objective of serving as a drafting guide for comprehensive legislation on domestic violence at States 
levels. 
It defines domestic violence as: all acts of gender-based physical, psychological and sexual abuse 
by a family member against women in the family, ranging from simple assaults to aggravated physical 
battery, kidnapping, threats, intimidation, coercion, stalking, humiliating verbal abuse, forcible or 
unlawful entry, arson, destruction of property, sexual violence, marital rape, dowry or bride-price 
related violence, female genital mutilation, violence related to exploitation through prostitution, 
violence against household workers and attempts to commit such acts.
III. Laws in India on Prevention of Violence against Women
A. Protection of Women from Domestic Violence Act (PWDVA), 2005
	 •	 P rior	 to 	 2005, 	 the	 concept 	 of 	 ‘domestic 	 violence’ 	 was 	 not 	 r ecognized	 under 	 the 	 Indian 	 law	
as 	 a 	 special 	 categor y . 	
	 •	 In	 2005, 	 the 	 Indian 	 P arliament 	 adopted	 the 	 P rotection 	 of 	 W omen 	 from 	 Domestic 	 V iolence 	
Act	 (PWDV A)	 with	 the 	 objective 	 of 	 providing 	 effective	 protection	 to 	 the 	 women 	 who 	 ar e 	
victims	 of 	 violence	 occur ring 	 within 	 the	 family	 or 	 anyway	 connected 	 with 	 the 	 family 	 spher e.
	 •	 The	 idea 	 of 	 ‘domestic 	 violence’	 was 	 bor rowed 	 mostly 	 from 	 the 	 inter national 	 legal 	 framework. 	
India 	 is 	 par ty 	 to 	 both 	 the 	 Convention	 on 	 the 	 Eliminat ion 	 of 	 All 	 F or ms 	 of 	 Discrimination 	
against 	 W omen, 	 1979 	 (CEDA W)	 as 	 well	 as 	 the 	 UN 	 Declaration 	 on 	 Elimination 	 of 	 V iolence 	
Page 3


UNIT I UNIT III UNIT IV
UNIT V
UNIT II
Prevention of  
Violence against Women
Contents
I. What is Domestic abuse/violence?
II. International Legal Framework
III. Laws in India on Prevention of Violence against Women
IV. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
•	 Understand 	the 	 concep t 	 of	 violence 	 against 	 women
•	 T race 	 the 	evolution 	of 	l aws	on 	 violence 	 against	 women 	in 	 India
•	 Critically	 evaluate 	 the 	la ws 	 for 	 protection 	 of 	 women 	 in 	 India
I. What is domestic abuse/violence?
Domestic	 abuse, 	 also 	 called 	 ‘domestic 	 violence’, 	 can	 be 	 defined 	 as	 a 	 patter n 	 of 	 behavior 	 in 	 any 	
domestic relationship that is used to gain or maintain power and control over another. 
Abuse 	 is 	 physical, 	 se xual, 	 emotional, 	 economic 	 or 	 psychological 	 actions	 or 	 thr eats	 of 	 actions 	 that	
influence 	 another 	 person. 	 This 	 includes 	 any 	 behavior 	 that 	 frighten,	 intimidate, 	 ter rorize,	 manipulate, 	
hur t, 	 humiliate, 	 blame, 	 injur e,	 or	 wound 	 someone. 	 Domestic 	 abuse 	 can 	 happen 	 to 	 anyone 	 of	 any	
race, age, sexual orientation, religion, or gender. It can occur within a range of relationships including 
couples who are married, living together or dating. Domestic violence affects people of all socio 
economic background and education level. 
Domestic	 violence	 is 	 largely 	 forbidden	 in 	 the 	 W ester n 	 countries. 	 However ,	 in 	 many	 countries 	 domestic 	
violence	 is 	 either 	 legally 	 r ecognized 	 or 	 socially	 acceptable. 	 F or 	 e xample, 	 the 	 United	 Arab	 Emirates’ 	
laws 	 allow	 the	 man 	 the 	 use 	 of 	 limited 	 physical	 means 	 to 	 discipline 	 his 	 wife 	 and 	 childr en. 	 Domestic 	
violence	 is 	 also 	 a	 socially	 acceptable 	 practice, 	 including 	 by	 women 	 themselves, 	 in	 many 	 developing 	
countries like Jordan, Guinea, Zambia, Sierra Leone, Laos, and Ethiopia.
II. International Legal Framework
The 	 concer n	 for 	 ‘violence 	 against 	 women ’ 	 including 	 violence	 in 	 intimate	 r elationships, 	 has 	 significantly 	
e xisted 	 in 	 inter national 	 discourses	 and 	 legal 	 frameworks. 	 The	 Convention 	 on 	 the 	 Elimination	 of 	 All	
F or ms 	 of	 Discrimination 	 against 	 W omen, 	 1979	 (CEDA W) 	 is	 a	 United 	 Nations 	 tr eaty 	 that	 defines 	
what constitutes discrimination against women and sets up an agenda for national action to end 
such 	 discrimin ation. 	 CEDA W 	 is 	 often 	 r efer r ed 	 to 	 as 	 the 	 inter national 	 bill	 of	 rights	 for 	 women	 and 	
has 99 countries, including India, as signatories who have committed themselves to undertake 
CHAPTER
5
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
various 	 measur es 	 to 	 end 	 discrimination 	 against	 women 	 in 	 all 	 for ms. 	 In 	 1992, 	 the 	 CEDA W	 Committee 	
r ecommended 	 that	 any 	 for m 	 of 	 discrimination	 or 	 violatio n 	 of	 women ’s	 rights 	 amounts	 to 	 violence	 and 	
that 	 the	State 	 is	r esponsible 	 for 	 such 	violence 	 committed	 both 	by	 state 	 as	 well 	as 	 private 	 individuals.
The 	 UN 	 Declaration	 on 	 Elim ination 	 of 	 V iolence	 agains t	 W omen 	 was	 adopted 	 in 	 1993	 and 	 defines 	
‘violence against women”. It is defined as any gender-based violence acts that result in, or are likely 
to result in, physical, sexual or psychological harm or suffering to women. 	 The 	 violence 	 acts	 include	
thr eats 	 of 	 such 	 actions 	 as 	 well	 as 	 coer cion	 or 	 arbitrar y 	 deprivation 	 of 	 liber ty . 	 These	 acts 	 may	 occur	
either 	 in 	 public 	 or 	 in 	 private 	 life. 	 Such 	 violence 	 might	 happen 	 within	 the 	 family 	 and 	 includes 	 battering,	
se xual 	 abuse 	 of 	 female 	 child r en 	 in 	 the 	 household, 	 dowr y -r elated 	 violence, 	 marital 	 rape,	 female 	 genital 	
mutilation 	 and 	 other 	 traditional 	 practices 	 har mful 	 to 	 women, 	 non -spousal 	 violence, 	 and 	 violence	
r elated 	 to 	 e xploitation. 	 They 	 may	 also 	 occur 	 outside 	 the 	 family 	 in 	 the 	 general 	 community 	 and	 such 	
violence	 may 	 include 	 rape,	 se xual 	 abuse, 	 se xual 	 harassment 	 and 	 intimidation 	 at 	 work, 	 in	 educational	
institutions and elsewhere, trafficking in women, and forced prostitution.
When 	 violence 	 is 	 committed 	 or	 overlooked 	 by 	 the 	 state	 it 	also 	 amounts 	 to 	‘violence 	 against 	 women ’.	
India 	 is	 a 	 par ty	 to 	 the 	 Declaration	 on 	 Elimination	 of 	 V iolence 	 against 	 W omen. 	 In 	 1996, 	 the 	 UN	
Commission 	 on 	 Human 	 Rights	 cr eated 	 the	 UN	 Model 	 L egislation 	 on	 Domestic	 V iolence	 with 	 the 	
objective of serving as a drafting guide for comprehensive legislation on domestic violence at States 
levels. 
It defines domestic violence as: all acts of gender-based physical, psychological and sexual abuse 
by a family member against women in the family, ranging from simple assaults to aggravated physical 
battery, kidnapping, threats, intimidation, coercion, stalking, humiliating verbal abuse, forcible or 
unlawful entry, arson, destruction of property, sexual violence, marital rape, dowry or bride-price 
related violence, female genital mutilation, violence related to exploitation through prostitution, 
violence against household workers and attempts to commit such acts.
III. Laws in India on Prevention of Violence against Women
A. Protection of Women from Domestic Violence Act (PWDVA), 2005
	 •	 P rior	 to 	 2005, 	 the	 concept 	 of 	 ‘domestic 	 violence’ 	 was 	 not 	 r ecognized	 under 	 the 	 Indian 	 law	
as 	 a 	 special 	 categor y . 	
	 •	 In	 2005, 	 the 	 Indian 	 P arliament 	 adopted	 the 	 P rotection 	 of 	 W omen 	 from 	 Domestic 	 V iolence 	
Act	 (PWDV A)	 with	 the 	 objective 	 of 	 providing 	 effective	 protection	 to 	 the 	 women 	 who 	 ar e 	
victims	 of 	 violence	 occur ring 	 within 	 the	 family	 or 	 anyway	 connected 	 with 	 the 	 family 	 spher e.
	 •	 The	 idea 	 of 	 ‘domestic 	 violence’	 was 	 bor rowed 	 mostly 	 from 	 the 	 inter national 	 legal 	 framework. 	
India 	 is 	 par ty 	 to 	 both 	 the 	 Convention	 on 	 the 	 Eliminat ion 	 of 	 All 	 F or ms 	 of 	 Discrimination 	
against 	 W omen, 	 1979 	 (CEDA W)	 as 	 well	 as 	 the 	 UN 	 Declaration 	 on 	 Elimination 	 of 	 V iolence 	
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
170
against 	 W omen, 	 1993, 	 and	 the 	 PWDV A 	 confor ms	 with 	 the 	 UN 	 Model 	 L egislation 	 on 	
Domestic Violence.
	 •	 The	adoption	 of 	 PWDV A 	addr esses 	 two	impor tant 	concer ns; 	
	 	 F irstly , 	 the	 family 	 law	 r efor ms	 of 	 the 	 1980s 	 like 	 the 	 F amily	 Cour ts	 Act, 	 focus	 mor e 	 on	 the 	
need	 to 	 ‘pr eser ve 	 the 	 family ’ 	 at 	 all 	 costs.	 Hence,	 it	 does 	 not 	 emphasize	 on 	 ending	 violence 	
against women in the private sphere. PWDVA helps to address violence occurring in the 
private sphere. 
	 	 Secondly , 	 befor e 	 2005, 	 domestic 	 violence	 against 	 women 	 was	 consider ed 	 ‘cruelty ’ 	 and 	 was	
punishable	 under	 the 	 criminal 	 law	 and 	 they 	 for med	 grounds 	 for 	 divor ce	 under 	 the 	 family 	
laws. 	 However ,	 ther e 	 was	 no 	 compr ehensive 	 law 	 providing 	 civil 	 r emedies 	 for 	 domestic 	
violence	 for 	 women,	 like,	 monetar y 	 r eliefs 	 or 	 compensat ion	 as 	 well 	 as 	 other 	 ser vices 	 that 	 aid	
women who are sufferers of domestic violence.
	 •	 PWDV A	 adopts 	 a 	 compr ehensive	 definition	 of 	 domestic 	 violence	 and 	 includes 	 physical 	
abuse 	 as 	 well 	 as 	 other 	 for ms 	 of 	 violence	 within 	 the 	 family 	 that	 is 	 manifested 	 and 	 affects	 the 	
woman.	 The 	 definition	 is 	 provided	 in 	 Section 	 3	 of 	 the 	 Act 	 and 	 r eads 	 as:	any act, omission or 
commission or conduct of the respondent shall constitute domestic violence in case it …
  a)	 har ms 	 or 	 injur es	 or 	 endangers	 the 	 health, 	 safety , 	 life, 	 limb 	 or 	 well-being, 	 whether 	 mental 	
or	 physical, 	 of 	 the	 aggrieve d 	 person 	 or 	 tends 	 to 	 do	 so 	 and 	 includes 	 causing	 physical 	
abuse, 	 se xual 	 abuse,	verbal 	 and 	 emotional 	abuse	and 	 economic 	 abuse;	 or
	 	 b)	 harasses, 	 har ms, 	 injur es 	 or 	 endangers 	 the 	 aggrieved 	 person 	 with	 a 	 view 	 to 	 coer ce 	 her 	 or 	
any 	 other 	 person 	 r elated 	 to	 her 	 to 	 meet 	 any 	 unlawful 	 demand	 for 	 any 	 dowr y 	 or 	 other 	
proper ty 	or	valuable 	security ;	 or
	 	 c)	 has	 the 	 effect 	 of 	 thr eatening 	 the	 aggrieved 	 person 	 or 	 any 	 person 	 r elated 	 to 	 her 	 by 	 any 	
conduct 	mentioned 	 in 	clause 	 (a) 	 or 	 clause 	 (b); 	 or
	 	 d)	 other wise 	 injur es 	 or 	 causes 	 har m, 	 whether 	 physical 	 or 	 mental, 	 to 	 the 	 aggrieved 	 person.
	 •	 PWDV A	 r ecognize s	 how 	 domestic	 violence	 affects	 women 	 at 	 multiple	 levels 	 and 	 provides	
various 	 suppor t 	 ser vices 	to 	women 	 to 	 help 	 deal 	 with	the 	 situation. 	 They	ar e:
  v 	 Mandator y 	 assistance	by 	 medical 	 facilities	 and 	 shelte r 	 homes
  v Provision for legal aid
  v 	 Counseling 	 on	the 	 dir ection 	of 	 the 	 cour t
  v Protection Officers and Service Providers to maintain a list and facilitate access
	 	 The 	salient 	 featur es 	 of 	PWDVA are as follows:
	 	 a)	 The 	 PWDV A 	 is 	 a	 civil	 law 	 e xcept 	 Sec-31 	 &	 33 	 wher e 	 criminal 	 proceedings 	 ar e 	 involved. 	
Its	 primar y 	 objective 	 is 	 to 	 provide 	 compensation 	 as 	 well	 as	 suppor t	 to 	 the	 woman. 	 This 	
is 	 contrar y 	 to 	 criminal 	 law , 	 which 	 intends 	 to 	 primarily 	 punish 	 the 	 perpetrators. 	 Enfor cing 	
criminal 	 laws 	 depend 	 on 	 the 	 State, 	 the 	 police, 	 and	 the 	 prosecution 	 lawyer . 	 As 	 a	 civil 	
law , 	 PWDV A 	 is	 victim- 	 drive n;	 she	 has 	 dir ect 	 access 	 to 	 the 	 cour t. 	 The 	 rights 	 and 	 r eliefs	
under	 PWDV A 	 can 	 only 	 be 	 initiated	 with 	 the	 consent 	 of 	 the 	 woman.
	 	 b)	 PWDV A 	 describes 	 ‘domestic	 r elationship s’ 	 broadly 	 to 	 include, 	 wives, 	 mothers,sisters, 	
daughters, 	 and 	 live 	 in 	 par tners. 	 All	 of 	 these 	 all	 ar e 	 provided	 protection 	 by	 the 	
PWDVA. 
	 	 c)	 The 	 protection 	 under 	 the 	 PWDV A 	 is 	 not 	 limited 	 to 	 the 	 matrimonial 	 home 	 but 	 covers	
‘shared householder’ to include mothers, sisters and daughters as well.
Page 4


UNIT I UNIT III UNIT IV
UNIT V
UNIT II
Prevention of  
Violence against Women
Contents
I. What is Domestic abuse/violence?
II. International Legal Framework
III. Laws in India on Prevention of Violence against Women
IV. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
•	 Understand 	the 	 concep t 	 of	 violence 	 against 	 women
•	 T race 	 the 	evolution 	of 	l aws	on 	 violence 	 against	 women 	in 	 India
•	 Critically	 evaluate 	 the 	la ws 	 for 	 protection 	 of 	 women 	 in 	 India
I. What is domestic abuse/violence?
Domestic	 abuse, 	 also 	 called 	 ‘domestic 	 violence’, 	 can	 be 	 defined 	 as	 a 	 patter n 	 of 	 behavior 	 in 	 any 	
domestic relationship that is used to gain or maintain power and control over another. 
Abuse 	 is 	 physical, 	 se xual, 	 emotional, 	 economic 	 or 	 psychological 	 actions	 or 	 thr eats	 of 	 actions 	 that	
influence 	 another 	 person. 	 This 	 includes 	 any 	 behavior 	 that 	 frighten,	 intimidate, 	 ter rorize,	 manipulate, 	
hur t, 	 humiliate, 	 blame, 	 injur e,	 or	 wound 	 someone. 	 Domestic 	 abuse 	 can 	 happen 	 to 	 anyone 	 of	 any	
race, age, sexual orientation, religion, or gender. It can occur within a range of relationships including 
couples who are married, living together or dating. Domestic violence affects people of all socio 
economic background and education level. 
Domestic	 violence	 is 	 largely 	 forbidden	 in 	 the 	 W ester n 	 countries. 	 However ,	 in 	 many	 countries 	 domestic 	
violence	 is 	 either 	 legally 	 r ecognized 	 or 	 socially	 acceptable. 	 F or 	 e xample, 	 the 	 United	 Arab	 Emirates’ 	
laws 	 allow	 the	 man 	 the 	 use 	 of 	 limited 	 physical	 means 	 to 	 discipline 	 his 	 wife 	 and 	 childr en. 	 Domestic 	
violence	 is 	 also 	 a	 socially	 acceptable 	 practice, 	 including 	 by	 women 	 themselves, 	 in	 many 	 developing 	
countries like Jordan, Guinea, Zambia, Sierra Leone, Laos, and Ethiopia.
II. International Legal Framework
The 	 concer n	 for 	 ‘violence 	 against 	 women ’ 	 including 	 violence	 in 	 intimate	 r elationships, 	 has 	 significantly 	
e xisted 	 in 	 inter national 	 discourses	 and 	 legal 	 frameworks. 	 The	 Convention 	 on 	 the 	 Elimination	 of 	 All	
F or ms 	 of	 Discrimination 	 against 	 W omen, 	 1979	 (CEDA W) 	 is	 a	 United 	 Nations 	 tr eaty 	 that	 defines 	
what constitutes discrimination against women and sets up an agenda for national action to end 
such 	 discrimin ation. 	 CEDA W 	 is 	 often 	 r efer r ed 	 to 	 as 	 the 	 inter national 	 bill	 of	 rights	 for 	 women	 and 	
has 99 countries, including India, as signatories who have committed themselves to undertake 
CHAPTER
5
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
various 	 measur es 	 to 	 end 	 discrimination 	 against	 women 	 in 	 all 	 for ms. 	 In 	 1992, 	 the 	 CEDA W	 Committee 	
r ecommended 	 that	 any 	 for m 	 of 	 discrimination	 or 	 violatio n 	 of	 women ’s	 rights 	 amounts	 to 	 violence	 and 	
that 	 the	State 	 is	r esponsible 	 for 	 such 	violence 	 committed	 both 	by	 state 	 as	 well 	as 	 private 	 individuals.
The 	 UN 	 Declaration	 on 	 Elim ination 	 of 	 V iolence	 agains t	 W omen 	 was	 adopted 	 in 	 1993	 and 	 defines 	
‘violence against women”. It is defined as any gender-based violence acts that result in, or are likely 
to result in, physical, sexual or psychological harm or suffering to women. 	 The 	 violence 	 acts	 include	
thr eats 	 of 	 such 	 actions 	 as 	 well	 as 	 coer cion	 or 	 arbitrar y 	 deprivation 	 of 	 liber ty . 	 These	 acts 	 may	 occur	
either 	 in 	 public 	 or 	 in 	 private 	 life. 	 Such 	 violence 	 might	 happen 	 within	 the 	 family 	 and 	 includes 	 battering,	
se xual 	 abuse 	 of 	 female 	 child r en 	 in 	 the 	 household, 	 dowr y -r elated 	 violence, 	 marital 	 rape,	 female 	 genital 	
mutilation 	 and 	 other 	 traditional 	 practices 	 har mful 	 to 	 women, 	 non -spousal 	 violence, 	 and 	 violence	
r elated 	 to 	 e xploitation. 	 They 	 may	 also 	 occur 	 outside 	 the 	 family 	 in 	 the 	 general 	 community 	 and	 such 	
violence	 may 	 include 	 rape,	 se xual 	 abuse, 	 se xual 	 harassment 	 and 	 intimidation 	 at 	 work, 	 in	 educational	
institutions and elsewhere, trafficking in women, and forced prostitution.
When 	 violence 	 is 	 committed 	 or	 overlooked 	 by 	 the 	 state	 it 	also 	 amounts 	 to 	‘violence 	 against 	 women ’.	
India 	 is	 a 	 par ty	 to 	 the 	 Declaration	 on 	 Elimination	 of 	 V iolence 	 against 	 W omen. 	 In 	 1996, 	 the 	 UN	
Commission 	 on 	 Human 	 Rights	 cr eated 	 the	 UN	 Model 	 L egislation 	 on	 Domestic	 V iolence	 with 	 the 	
objective of serving as a drafting guide for comprehensive legislation on domestic violence at States 
levels. 
It defines domestic violence as: all acts of gender-based physical, psychological and sexual abuse 
by a family member against women in the family, ranging from simple assaults to aggravated physical 
battery, kidnapping, threats, intimidation, coercion, stalking, humiliating verbal abuse, forcible or 
unlawful entry, arson, destruction of property, sexual violence, marital rape, dowry or bride-price 
related violence, female genital mutilation, violence related to exploitation through prostitution, 
violence against household workers and attempts to commit such acts.
III. Laws in India on Prevention of Violence against Women
A. Protection of Women from Domestic Violence Act (PWDVA), 2005
	 •	 P rior	 to 	 2005, 	 the	 concept 	 of 	 ‘domestic 	 violence’ 	 was 	 not 	 r ecognized	 under 	 the 	 Indian 	 law	
as 	 a 	 special 	 categor y . 	
	 •	 In	 2005, 	 the 	 Indian 	 P arliament 	 adopted	 the 	 P rotection 	 of 	 W omen 	 from 	 Domestic 	 V iolence 	
Act	 (PWDV A)	 with	 the 	 objective 	 of 	 providing 	 effective	 protection	 to 	 the 	 women 	 who 	 ar e 	
victims	 of 	 violence	 occur ring 	 within 	 the	 family	 or 	 anyway	 connected 	 with 	 the 	 family 	 spher e.
	 •	 The	 idea 	 of 	 ‘domestic 	 violence’	 was 	 bor rowed 	 mostly 	 from 	 the 	 inter national 	 legal 	 framework. 	
India 	 is 	 par ty 	 to 	 both 	 the 	 Convention	 on 	 the 	 Eliminat ion 	 of 	 All 	 F or ms 	 of 	 Discrimination 	
against 	 W omen, 	 1979 	 (CEDA W)	 as 	 well	 as 	 the 	 UN 	 Declaration 	 on 	 Elimination 	 of 	 V iolence 	
UNIT I UNIT III UNIT IV
UNIT V
UNIT II
170
against 	 W omen, 	 1993, 	 and	 the 	 PWDV A 	 confor ms	 with 	 the 	 UN 	 Model 	 L egislation 	 on 	
Domestic Violence.
	 •	 The	adoption	 of 	 PWDV A 	addr esses 	 two	impor tant 	concer ns; 	
	 	 F irstly , 	 the	 family 	 law	 r efor ms	 of 	 the 	 1980s 	 like 	 the 	 F amily	 Cour ts	 Act, 	 focus	 mor e 	 on	 the 	
need	 to 	 ‘pr eser ve 	 the 	 family ’ 	 at 	 all 	 costs.	 Hence,	 it	 does 	 not 	 emphasize	 on 	 ending	 violence 	
against women in the private sphere. PWDVA helps to address violence occurring in the 
private sphere. 
	 	 Secondly , 	 befor e 	 2005, 	 domestic 	 violence	 against 	 women 	 was	 consider ed 	 ‘cruelty ’ 	 and 	 was	
punishable	 under	 the 	 criminal 	 law	 and 	 they 	 for med	 grounds 	 for 	 divor ce	 under 	 the 	 family 	
laws. 	 However ,	 ther e 	 was	 no 	 compr ehensive 	 law 	 providing 	 civil 	 r emedies 	 for 	 domestic 	
violence	 for 	 women,	 like,	 monetar y 	 r eliefs 	 or 	 compensat ion	 as 	 well 	 as 	 other 	 ser vices 	 that 	 aid	
women who are sufferers of domestic violence.
	 •	 PWDV A	 adopts 	 a 	 compr ehensive	 definition	 of 	 domestic 	 violence	 and 	 includes 	 physical 	
abuse 	 as 	 well 	 as 	 other 	 for ms 	 of 	 violence	 within 	 the 	 family 	 that	 is 	 manifested 	 and 	 affects	 the 	
woman.	 The 	 definition	 is 	 provided	 in 	 Section 	 3	 of 	 the 	 Act 	 and 	 r eads 	 as:	any act, omission or 
commission or conduct of the respondent shall constitute domestic violence in case it …
  a)	 har ms 	 or 	 injur es	 or 	 endangers	 the 	 health, 	 safety , 	 life, 	 limb 	 or 	 well-being, 	 whether 	 mental 	
or	 physical, 	 of 	 the	 aggrieve d 	 person 	 or 	 tends 	 to 	 do	 so 	 and 	 includes 	 causing	 physical 	
abuse, 	 se xual 	 abuse,	verbal 	 and 	 emotional 	abuse	and 	 economic 	 abuse;	 or
	 	 b)	 harasses, 	 har ms, 	 injur es 	 or 	 endangers 	 the 	 aggrieved 	 person 	 with	 a 	 view 	 to 	 coer ce 	 her 	 or 	
any 	 other 	 person 	 r elated 	 to	 her 	 to 	 meet 	 any 	 unlawful 	 demand	 for 	 any 	 dowr y 	 or 	 other 	
proper ty 	or	valuable 	security ;	 or
	 	 c)	 has	 the 	 effect 	 of 	 thr eatening 	 the	 aggrieved 	 person 	 or 	 any 	 person 	 r elated 	 to 	 her 	 by 	 any 	
conduct 	mentioned 	 in 	clause 	 (a) 	 or 	 clause 	 (b); 	 or
	 	 d)	 other wise 	 injur es 	 or 	 causes 	 har m, 	 whether 	 physical 	 or 	 mental, 	 to 	 the 	 aggrieved 	 person.
	 •	 PWDV A	 r ecognize s	 how 	 domestic	 violence	 affects	 women 	 at 	 multiple	 levels 	 and 	 provides	
various 	 suppor t 	 ser vices 	to 	women 	 to 	 help 	 deal 	 with	the 	 situation. 	 They	ar e:
  v 	 Mandator y 	 assistance	by 	 medical 	 facilities	 and 	 shelte r 	 homes
  v Provision for legal aid
  v 	 Counseling 	 on	the 	 dir ection 	of 	 the 	 cour t
  v Protection Officers and Service Providers to maintain a list and facilitate access
	 	 The 	salient 	 featur es 	 of 	PWDVA are as follows:
	 	 a)	 The 	 PWDV A 	 is 	 a	 civil	 law 	 e xcept 	 Sec-31 	 &	 33 	 wher e 	 criminal 	 proceedings 	 ar e 	 involved. 	
Its	 primar y 	 objective 	 is 	 to 	 provide 	 compensation 	 as 	 well	 as	 suppor t	 to 	 the	 woman. 	 This 	
is 	 contrar y 	 to 	 criminal 	 law , 	 which 	 intends 	 to 	 primarily 	 punish 	 the 	 perpetrators. 	 Enfor cing 	
criminal 	 laws 	 depend 	 on 	 the 	 State, 	 the 	 police, 	 and	 the 	 prosecution 	 lawyer . 	 As 	 a	 civil 	
law , 	 PWDV A 	 is	 victim- 	 drive n;	 she	 has 	 dir ect 	 access 	 to 	 the 	 cour t. 	 The 	 rights 	 and 	 r eliefs	
under	 PWDV A 	 can 	 only 	 be 	 initiated	 with 	 the	 consent 	 of 	 the 	 woman.
	 	 b)	 PWDV A 	 describes 	 ‘domestic	 r elationship s’ 	 broadly 	 to 	 include, 	 wives, 	 mothers,sisters, 	
daughters, 	 and 	 live 	 in 	 par tners. 	 All	 of 	 these 	 all	 ar e 	 provided	 protection 	 by	 the 	
PWDVA. 
	 	 c)	 The 	 protection 	 under 	 the 	 PWDV A 	 is 	 not 	 limited 	 to 	 the 	 matrimonial 	 home 	 but 	 covers	
‘shared householder’ to include mothers, sisters and daughters as well.
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	 	 d)	 PWDV A 	 provi des	 for 	 ‘Stop 	 V iolence’ 	 orders	 that 	 offer 	 emergency 	 r eliefs 	 to 	 stop 	 violence	
immediately .	 PWDV A 	 is 	 an 	 additional 	 law 	 and 	 allows 	 women 	 to 	 enfor ce 	 other 	 laws, 	
such as the divorce laws as well.
	 	 e)	 F or 	 the 	 effective 	 implementation	 of	 this 	 law , 	 PWDV A	 offers 	 both	 access 	 to 	 justice 	 as 	
well 	 as 	 access 	 to 	 suppor t 	 systems.	 It 	 provides 	 for 	 P rotection 	 Officers 	 to 	 operate 	 as	 a	
ne xus 	 between	 the 	 cour t 	 and 	 the 	 woman 	 to	 ensur e	 accessibility 	 to 	 the 	 justice	 system. 	
These 	 protection 	 officers 	 ar e 	 usually 	 women. 	 Their 	 role 	 includes 	 assisting 	 women 	 in	
filing for applications seeking various reliefs, assisting the magistrate in discharge of his 
functions, making women aware about their right to get free legal aid and providing 
women shelter homes, medical services etc. 
	 	 f)	 PWDV A 	 also 	 envisages	 Ser vice 	 P rovider s, 	 i.e.	 non -	 gover nmental	 organizations	 who 	
voluntarily	 r egister	 under 	 the 	 Act,	 to 	 deliver 	 her 	 with 	 essential 	 suppor t 	 she 	 might	
require, such as shelter and medical facilities. Service Providers are crucial, as women 
often 	 would 	 feel 	 mor e 	 comfor table 	 approaching 	 an 	 NGO 	 rather 	 than 	 the 	 police	 or 	 state 	
authorities.
  g) 	 PWDV A 	 stipulates	for	 the	 ‘single 	 window 	 clearance	 system’ 	 to 	 aid 	 women 	 in 	 accessing 	
the 	 justice 	 system. 	 This 	 allows 	 woman 	 to 	 use 	 PWDV A 	 to 	 enfor ce 	 other 	 civil 	 r eliefs	 under	
other laws as well, such as the criminal law. For example, she can use one PWDVA suit 
to enforce her right to not be dispossessed when a divorce petition is pending (Section 
498 	 A 	 of	 the 	 Indian	 P enal 	 Code). 	 This 	 helps	 her 	 avoid 	 filing 	 of 	 multiple 	 of 	 suits 	 in 	
various forums.
	 	 h)	 PWDV A 	 provides 	 that 	 the 	 magistrate 	 may , 	 at 	 any 	 stage	 of 	 the 	 proceedings	 of 	 the 	
case, 	 dir ect 	 either 	 one 	 or 	 both	 the 	 par ties 	 to 	 the 	 suit 	 to 	 under take 	 counseling 	 with 	 any	
member of the service provider who holds the required qualification and experience of 
counseling. Women groups are critical to the counseling provision as it is often seen as 
a tool for preserving marriage and placing the woman back in the violent situation.
	 	 i)	 PWDV A 	 puts 	 r esponsibility 	 on 	 the 	 Centr al 	 and	 State 	 Gover nments 	 for 	 training 	 and	
sensitization	 of 	 the	 general	 public	 as	 well	 as	 the 	 state	 authorities 	 including 	 the 	 judiciar y .
  In the matters of violence against women, international legal standards, discussed in the 
earlier 	 paragra phs, 	 have	 played 	 inspirational	 role 	 for 	 the 	 Indian 	 stakeholders 	 including 	 the 	
judiciar y , 	the 	 lawmakers, 	 as 	 well 	 as 	the	 numerous 	 women 	 groups. 	 PWDV A 	 itself 	 has 	 drawn 	
heavily 	 on 	 those 	 inter natio nal 	 legal 	 standards.	 However , 	 even	 prior	 to 	 the	 enactment 	 of	
the 	 PWDV A, 	 the 	 Indian 	 judiciar y 	 has	 r elied 	 on 	 the 	 inter national	 legal	 framework 	 to 	 draw 	
inspiration in deciding and providing civil remedies to cases concerning violence against 
women. 
B. Sexual Harassment of Women at Workplace : Prevention, Prohibition, 
and Redressal 
 Protection of Women from Sexual Harassment Act, 2013 (POSH Act)
	 POSH 	 Act	 was 	 enacted 	 with 	 the 	 objective 	 of	 making	 workplaces 	 safer 	 for 	 women	 by	 pr eventing,	
prohibiting 	 and	 r edr essing 	 acts 	 of 	 se xual	 harassment 	 against 	 them	 in 	 the	 workplace.	 The 	 law 	 was 	
made 	 effective 	 in 	 the 	 whole 	 of 	 India	 on	 December 	 9, 	 201 3, 	 by 	 the 	 Ministr y 	 for	 W omen 	 and 	 Child 	
Development.
 History of the POSH Act:
	 •	 Many women ’s rights groups and non-governmental organizations demanding action against 
sexual harassment towards women at the work place, filed a case, Vishakha and others 
Page 5


UNIT I UNIT III UNIT IV
UNIT V
UNIT II
Prevention of  
Violence against Women
Contents
I. What is Domestic abuse/violence?
II. International Legal Framework
III. Laws in India on Prevention of Violence against Women
IV. Exercises 
Learning Outcomes
After the completion of this chapter, the students will be able to:
•	 Understand 	the 	 concep t 	 of	 violence 	 against 	 women
•	 T race 	 the 	evolution 	of 	l aws	on 	 violence 	 against	 women 	in 	 India
•	 Critically	 evaluate 	 the 	la ws 	 for 	 protection 	 of 	 women 	 in 	 India
I. What is domestic abuse/violence?
Domestic	 abuse, 	 also 	 called 	 ‘domestic 	 violence’, 	 can	 be 	 defined 	 as	 a 	 patter n 	 of 	 behavior 	 in 	 any 	
domestic relationship that is used to gain or maintain power and control over another. 
Abuse 	 is 	 physical, 	 se xual, 	 emotional, 	 economic 	 or 	 psychological 	 actions	 or 	 thr eats	 of 	 actions 	 that	
influence 	 another 	 person. 	 This 	 includes 	 any 	 behavior 	 that 	 frighten,	 intimidate, 	 ter rorize,	 manipulate, 	
hur t, 	 humiliate, 	 blame, 	 injur e,	 or	 wound 	 someone. 	 Domestic 	 abuse 	 can 	 happen 	 to 	 anyone 	 of	 any	
race, age, sexual orientation, religion, or gender. It can occur within a range of relationships including 
couples who are married, living together or dating. Domestic violence affects people of all socio 
economic background and education level. 
Domestic	 violence	 is 	 largely 	 forbidden	 in 	 the 	 W ester n 	 countries. 	 However ,	 in 	 many	 countries 	 domestic 	
violence	 is 	 either 	 legally 	 r ecognized 	 or 	 socially	 acceptable. 	 F or 	 e xample, 	 the 	 United	 Arab	 Emirates’ 	
laws 	 allow	 the	 man 	 the 	 use 	 of 	 limited 	 physical	 means 	 to 	 discipline 	 his 	 wife 	 and 	 childr en. 	 Domestic 	
violence	 is 	 also 	 a	 socially	 acceptable 	 practice, 	 including 	 by	 women 	 themselves, 	 in	 many 	 developing 	
countries like Jordan, Guinea, Zambia, Sierra Leone, Laos, and Ethiopia.
II. International Legal Framework
The 	 concer n	 for 	 ‘violence 	 against 	 women ’ 	 including 	 violence	 in 	 intimate	 r elationships, 	 has 	 significantly 	
e xisted 	 in 	 inter national 	 discourses	 and 	 legal 	 frameworks. 	 The	 Convention 	 on 	 the 	 Elimination	 of 	 All	
F or ms 	 of	 Discrimination 	 against 	 W omen, 	 1979	 (CEDA W) 	 is	 a	 United 	 Nations 	 tr eaty 	 that	 defines 	
what constitutes discrimination against women and sets up an agenda for national action to end 
such 	 discrimin ation. 	 CEDA W 	 is 	 often 	 r efer r ed 	 to 	 as 	 the 	 inter national 	 bill	 of	 rights	 for 	 women	 and 	
has 99 countries, including India, as signatories who have committed themselves to undertake 
CHAPTER
5
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UNIT II
various 	 measur es 	 to 	 end 	 discrimination 	 against	 women 	 in 	 all 	 for ms. 	 In 	 1992, 	 the 	 CEDA W	 Committee 	
r ecommended 	 that	 any 	 for m 	 of 	 discrimination	 or 	 violatio n 	 of	 women ’s	 rights 	 amounts	 to 	 violence	 and 	
that 	 the	State 	 is	r esponsible 	 for 	 such 	violence 	 committed	 both 	by	 state 	 as	 well 	as 	 private 	 individuals.
The 	 UN 	 Declaration	 on 	 Elim ination 	 of 	 V iolence	 agains t	 W omen 	 was	 adopted 	 in 	 1993	 and 	 defines 	
‘violence against women”. It is defined as any gender-based violence acts that result in, or are likely 
to result in, physical, sexual or psychological harm or suffering to women. 	 The 	 violence 	 acts	 include	
thr eats 	 of 	 such 	 actions 	 as 	 well	 as 	 coer cion	 or 	 arbitrar y 	 deprivation 	 of 	 liber ty . 	 These	 acts 	 may	 occur	
either 	 in 	 public 	 or 	 in 	 private 	 life. 	 Such 	 violence 	 might	 happen 	 within	 the 	 family 	 and 	 includes 	 battering,	
se xual 	 abuse 	 of 	 female 	 child r en 	 in 	 the 	 household, 	 dowr y -r elated 	 violence, 	 marital 	 rape,	 female 	 genital 	
mutilation 	 and 	 other 	 traditional 	 practices 	 har mful 	 to 	 women, 	 non -spousal 	 violence, 	 and 	 violence	
r elated 	 to 	 e xploitation. 	 They 	 may	 also 	 occur 	 outside 	 the 	 family 	 in 	 the 	 general 	 community 	 and	 such 	
violence	 may 	 include 	 rape,	 se xual 	 abuse, 	 se xual 	 harassment 	 and 	 intimidation 	 at 	 work, 	 in	 educational	
institutions and elsewhere, trafficking in women, and forced prostitution.
When 	 violence 	 is 	 committed 	 or	 overlooked 	 by 	 the 	 state	 it 	also 	 amounts 	 to 	‘violence 	 against 	 women ’.	
India 	 is	 a 	 par ty	 to 	 the 	 Declaration	 on 	 Elimination	 of 	 V iolence 	 against 	 W omen. 	 In 	 1996, 	 the 	 UN	
Commission 	 on 	 Human 	 Rights	 cr eated 	 the	 UN	 Model 	 L egislation 	 on	 Domestic	 V iolence	 with 	 the 	
objective of serving as a drafting guide for comprehensive legislation on domestic violence at States 
levels. 
It defines domestic violence as: all acts of gender-based physical, psychological and sexual abuse 
by a family member against women in the family, ranging from simple assaults to aggravated physical 
battery, kidnapping, threats, intimidation, coercion, stalking, humiliating verbal abuse, forcible or 
unlawful entry, arson, destruction of property, sexual violence, marital rape, dowry or bride-price 
related violence, female genital mutilation, violence related to exploitation through prostitution, 
violence against household workers and attempts to commit such acts.
III. Laws in India on Prevention of Violence against Women
A. Protection of Women from Domestic Violence Act (PWDVA), 2005
	 •	 P rior	 to 	 2005, 	 the	 concept 	 of 	 ‘domestic 	 violence’ 	 was 	 not 	 r ecognized	 under 	 the 	 Indian 	 law	
as 	 a 	 special 	 categor y . 	
	 •	 In	 2005, 	 the 	 Indian 	 P arliament 	 adopted	 the 	 P rotection 	 of 	 W omen 	 from 	 Domestic 	 V iolence 	
Act	 (PWDV A)	 with	 the 	 objective 	 of 	 providing 	 effective	 protection	 to 	 the 	 women 	 who 	 ar e 	
victims	 of 	 violence	 occur ring 	 within 	 the	 family	 or 	 anyway	 connected 	 with 	 the 	 family 	 spher e.
	 •	 The	 idea 	 of 	 ‘domestic 	 violence’	 was 	 bor rowed 	 mostly 	 from 	 the 	 inter national 	 legal 	 framework. 	
India 	 is 	 par ty 	 to 	 both 	 the 	 Convention	 on 	 the 	 Eliminat ion 	 of 	 All 	 F or ms 	 of 	 Discrimination 	
against 	 W omen, 	 1979 	 (CEDA W)	 as 	 well	 as 	 the 	 UN 	 Declaration 	 on 	 Elimination 	 of 	 V iolence 	
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against 	 W omen, 	 1993, 	 and	 the 	 PWDV A 	 confor ms	 with 	 the 	 UN 	 Model 	 L egislation 	 on 	
Domestic Violence.
	 •	 The	adoption	 of 	 PWDV A 	addr esses 	 two	impor tant 	concer ns; 	
	 	 F irstly , 	 the	 family 	 law	 r efor ms	 of 	 the 	 1980s 	 like 	 the 	 F amily	 Cour ts	 Act, 	 focus	 mor e 	 on	 the 	
need	 to 	 ‘pr eser ve 	 the 	 family ’ 	 at 	 all 	 costs.	 Hence,	 it	 does 	 not 	 emphasize	 on 	 ending	 violence 	
against women in the private sphere. PWDVA helps to address violence occurring in the 
private sphere. 
	 	 Secondly , 	 befor e 	 2005, 	 domestic 	 violence	 against 	 women 	 was	 consider ed 	 ‘cruelty ’ 	 and 	 was	
punishable	 under	 the 	 criminal 	 law	 and 	 they 	 for med	 grounds 	 for 	 divor ce	 under 	 the 	 family 	
laws. 	 However ,	 ther e 	 was	 no 	 compr ehensive 	 law 	 providing 	 civil 	 r emedies 	 for 	 domestic 	
violence	 for 	 women,	 like,	 monetar y 	 r eliefs 	 or 	 compensat ion	 as 	 well 	 as 	 other 	 ser vices 	 that 	 aid	
women who are sufferers of domestic violence.
	 •	 PWDV A	 adopts 	 a 	 compr ehensive	 definition	 of 	 domestic 	 violence	 and 	 includes 	 physical 	
abuse 	 as 	 well 	 as 	 other 	 for ms 	 of 	 violence	 within 	 the 	 family 	 that	 is 	 manifested 	 and 	 affects	 the 	
woman.	 The 	 definition	 is 	 provided	 in 	 Section 	 3	 of 	 the 	 Act 	 and 	 r eads 	 as:	any act, omission or 
commission or conduct of the respondent shall constitute domestic violence in case it …
  a)	 har ms 	 or 	 injur es	 or 	 endangers	 the 	 health, 	 safety , 	 life, 	 limb 	 or 	 well-being, 	 whether 	 mental 	
or	 physical, 	 of 	 the	 aggrieve d 	 person 	 or 	 tends 	 to 	 do	 so 	 and 	 includes 	 causing	 physical 	
abuse, 	 se xual 	 abuse,	verbal 	 and 	 emotional 	abuse	and 	 economic 	 abuse;	 or
	 	 b)	 harasses, 	 har ms, 	 injur es 	 or 	 endangers 	 the 	 aggrieved 	 person 	 with	 a 	 view 	 to 	 coer ce 	 her 	 or 	
any 	 other 	 person 	 r elated 	 to	 her 	 to 	 meet 	 any 	 unlawful 	 demand	 for 	 any 	 dowr y 	 or 	 other 	
proper ty 	or	valuable 	security ;	 or
	 	 c)	 has	 the 	 effect 	 of 	 thr eatening 	 the	 aggrieved 	 person 	 or 	 any 	 person 	 r elated 	 to 	 her 	 by 	 any 	
conduct 	mentioned 	 in 	clause 	 (a) 	 or 	 clause 	 (b); 	 or
	 	 d)	 other wise 	 injur es 	 or 	 causes 	 har m, 	 whether 	 physical 	 or 	 mental, 	 to 	 the 	 aggrieved 	 person.
	 •	 PWDV A	 r ecognize s	 how 	 domestic	 violence	 affects	 women 	 at 	 multiple	 levels 	 and 	 provides	
various 	 suppor t 	 ser vices 	to 	women 	 to 	 help 	 deal 	 with	the 	 situation. 	 They	ar e:
  v 	 Mandator y 	 assistance	by 	 medical 	 facilities	 and 	 shelte r 	 homes
  v Provision for legal aid
  v 	 Counseling 	 on	the 	 dir ection 	of 	 the 	 cour t
  v Protection Officers and Service Providers to maintain a list and facilitate access
	 	 The 	salient 	 featur es 	 of 	PWDVA are as follows:
	 	 a)	 The 	 PWDV A 	 is 	 a	 civil	 law 	 e xcept 	 Sec-31 	 &	 33 	 wher e 	 criminal 	 proceedings 	 ar e 	 involved. 	
Its	 primar y 	 objective 	 is 	 to 	 provide 	 compensation 	 as 	 well	 as	 suppor t	 to 	 the	 woman. 	 This 	
is 	 contrar y 	 to 	 criminal 	 law , 	 which 	 intends 	 to 	 primarily 	 punish 	 the 	 perpetrators. 	 Enfor cing 	
criminal 	 laws 	 depend 	 on 	 the 	 State, 	 the 	 police, 	 and	 the 	 prosecution 	 lawyer . 	 As 	 a	 civil 	
law , 	 PWDV A 	 is	 victim- 	 drive n;	 she	 has 	 dir ect 	 access 	 to 	 the 	 cour t. 	 The 	 rights 	 and 	 r eliefs	
under	 PWDV A 	 can 	 only 	 be 	 initiated	 with 	 the	 consent 	 of 	 the 	 woman.
	 	 b)	 PWDV A 	 describes 	 ‘domestic	 r elationship s’ 	 broadly 	 to 	 include, 	 wives, 	 mothers,sisters, 	
daughters, 	 and 	 live 	 in 	 par tners. 	 All	 of 	 these 	 all	 ar e 	 provided	 protection 	 by	 the 	
PWDVA. 
	 	 c)	 The 	 protection 	 under 	 the 	 PWDV A 	 is 	 not 	 limited 	 to 	 the 	 matrimonial 	 home 	 but 	 covers	
‘shared householder’ to include mothers, sisters and daughters as well.
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	 	 d)	 PWDV A 	 provi des	 for 	 ‘Stop 	 V iolence’ 	 orders	 that 	 offer 	 emergency 	 r eliefs 	 to 	 stop 	 violence	
immediately .	 PWDV A 	 is 	 an 	 additional 	 law 	 and 	 allows 	 women 	 to 	 enfor ce 	 other 	 laws, 	
such as the divorce laws as well.
	 	 e)	 F or 	 the 	 effective 	 implementation	 of	 this 	 law , 	 PWDV A	 offers 	 both	 access 	 to 	 justice 	 as 	
well 	 as 	 access 	 to 	 suppor t 	 systems.	 It 	 provides 	 for 	 P rotection 	 Officers 	 to 	 operate 	 as	 a	
ne xus 	 between	 the 	 cour t 	 and 	 the 	 woman 	 to	 ensur e	 accessibility 	 to 	 the 	 justice	 system. 	
These 	 protection 	 officers 	 ar e 	 usually 	 women. 	 Their 	 role 	 includes 	 assisting 	 women 	 in	
filing for applications seeking various reliefs, assisting the magistrate in discharge of his 
functions, making women aware about their right to get free legal aid and providing 
women shelter homes, medical services etc. 
	 	 f)	 PWDV A 	 also 	 envisages	 Ser vice 	 P rovider s, 	 i.e.	 non -	 gover nmental	 organizations	 who 	
voluntarily	 r egister	 under 	 the 	 Act,	 to 	 deliver 	 her 	 with 	 essential 	 suppor t 	 she 	 might	
require, such as shelter and medical facilities. Service Providers are crucial, as women 
often 	 would 	 feel 	 mor e 	 comfor table 	 approaching 	 an 	 NGO 	 rather 	 than 	 the 	 police	 or 	 state 	
authorities.
  g) 	 PWDV A 	 stipulates	for	 the	 ‘single 	 window 	 clearance	 system’ 	 to 	 aid 	 women 	 in 	 accessing 	
the 	 justice 	 system. 	 This 	 allows 	 woman 	 to 	 use 	 PWDV A 	 to 	 enfor ce 	 other 	 civil 	 r eliefs	 under	
other laws as well, such as the criminal law. For example, she can use one PWDVA suit 
to enforce her right to not be dispossessed when a divorce petition is pending (Section 
498 	 A 	 of	 the 	 Indian	 P enal 	 Code). 	 This 	 helps	 her 	 avoid 	 filing 	 of 	 multiple 	 of 	 suits 	 in 	
various forums.
	 	 h)	 PWDV A 	 provides 	 that 	 the 	 magistrate 	 may , 	 at 	 any 	 stage	 of 	 the 	 proceedings	 of 	 the 	
case, 	 dir ect 	 either 	 one 	 or 	 both	 the 	 par ties 	 to 	 the 	 suit 	 to 	 under take 	 counseling 	 with 	 any	
member of the service provider who holds the required qualification and experience of 
counseling. Women groups are critical to the counseling provision as it is often seen as 
a tool for preserving marriage and placing the woman back in the violent situation.
	 	 i)	 PWDV A 	 puts 	 r esponsibility 	 on 	 the 	 Centr al 	 and	 State 	 Gover nments 	 for 	 training 	 and	
sensitization	 of 	 the	 general	 public	 as	 well	 as	 the 	 state	 authorities 	 including 	 the 	 judiciar y .
  In the matters of violence against women, international legal standards, discussed in the 
earlier 	 paragra phs, 	 have	 played 	 inspirational	 role 	 for 	 the 	 Indian 	 stakeholders 	 including 	 the 	
judiciar y , 	the 	 lawmakers, 	 as 	 well 	 as 	the	 numerous 	 women 	 groups. 	 PWDV A 	 itself 	 has 	 drawn 	
heavily 	 on 	 those 	 inter natio nal 	 legal 	 standards.	 However , 	 even	 prior	 to 	 the	 enactment 	 of	
the 	 PWDV A, 	 the 	 Indian 	 judiciar y 	 has	 r elied 	 on 	 the 	 inter national	 legal	 framework 	 to 	 draw 	
inspiration in deciding and providing civil remedies to cases concerning violence against 
women. 
B. Sexual Harassment of Women at Workplace : Prevention, Prohibition, 
and Redressal 
 Protection of Women from Sexual Harassment Act, 2013 (POSH Act)
	 POSH 	 Act	 was 	 enacted 	 with 	 the 	 objective 	 of	 making	 workplaces 	 safer 	 for 	 women	 by	 pr eventing,	
prohibiting 	 and	 r edr essing 	 acts 	 of 	 se xual	 harassment 	 against 	 them	 in 	 the	 workplace.	 The 	 law 	 was 	
made 	 effective 	 in 	 the 	 whole 	 of 	 India	 on	 December 	 9, 	 201 3, 	 by 	 the 	 Ministr y 	 for	 W omen 	 and 	 Child 	
Development.
 History of the POSH Act:
	 •	 Many women ’s rights groups and non-governmental organizations demanding action against 
sexual harassment towards women at the work place, filed a case, Vishakha and others 
UNIT I UNIT III UNIT IV
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172
v. State of Rajasthan and others, in the Supreme Court in the interest of women’s 
protection as a public interest litigation or social action litigation. The origin of this case dates 
back to 1992. Then, a low-caste woman in her 50s, Bhanwari Devi, who worked as a social 
or grass roots worker with the Rajasthan Government’s women development project, was 
gang raped by a group of upper-caste men because she tried to stop the devious practice of 
child marriage. The trial court acquitted (set free of charge of offense) the accused offenders 
stating also that upper-caste men could not have raped a low-caste woman, and also because 
all, including the village authorities, doctors, and the police rejected her allegation. Then, in 
the absence of any Indian law dealing specifically with violence against women, the Supreme 
Court referred to the UN Convention on the Elimination of All forms of Discrimination 
against Women and delivered a set of standards, also called the Vishakha guidelines, 
which included the following:
	 •	 It	 is 	 the	 onus 	 of 	 the 	 employer	 to 	 include 	 a 	 rule 	 in 	 the 	 company 	 code	 of 	 conduct	 for 	 pr eventing	
sexual harassment.
	 •	 Organizations	must	 establish 	 complaint 	 comm ittees 	 that 	 ar e 	 headed 	by 	 women.
	 •	 Initiate 	disciplinar y 	 actions	 against 	 offenders 	 a nd 	 safeguard 	the	inter ests 	 of 	 the 	 victim.
	 •	 F emale	 employees 	 shall 	 be 	 made	awar e	of 	 their 	 rights.
 F or 	 the 	 ver y 	 first	 time, 	 the 	 Supr eme 	 Cour t	 r ecognize d	 obvious 	 legislative	 insufficiency 	 and 	
recognised sexual harassment at workplace as a violation of human rights. According to the 
Vishakha judgment, until a legal structure on the topic is formulated and adopted, the Vishakha 
Guidelines	 established 	 by 	 Ar ticle 	 32 	 of	 the 	 Constitution 	 will 	 have 	 the	 for ce 	 of 	 law 	 and 	 must 	 be 	
obeyed 	 by 	 organizations 	 in 	both 	 the 	 commer cial 	 and 	 public	 sectors. 	
	 The 	 Se xual	 Harassment	 of 	 W omen 	 at	 W orkplace 	 (P r evention, 	 P rohibition, 	 and 	 Redr essal) 	 Act	 of 	
2013 	 is 	 based 	 on	 V ishakha 	 guidelines 	 and 	 aims 	 to 	 cr eate 	 a 	 mechanism 	 for	 r edr essal 	 of 	 Se xual 	
Harassment	 complaints 	at 	 workplace.
IV. Exercises 
Based 	 on 	 your	 understanding, 	 answer 	the 	 following 	 questions:
Q-1  P rovide 	 answers 	 briefly 	for	 the	following-
	 1. 	 	 Wha t	 is 	 CEDA W?
 2. What is PWDVA? State the support services provided to women under PWDVA.
	 3.	 What 	 guidelines 	 wer e 	 issued 	 by 	 the	 Supr eme 	 Cour t	 in	 V ishakha 	 &	 others 	 v .	 State 	 of	
Rajasthan?
	 4. 	 	 T race 	 the 	 evolution 	 of 	 POSH 	Act,	2013	 in 	 India. 	
Q-2 	 The 	 concer n 	 for 	 ‘violen ce 	 against 	 women ’	 inclu ding	 violence	 in 	 intimate 	 r elationships	 has	
significantly	e xisted 	in 	 inter national	 discourse 	 and 	legal	 frameworks.
	 1. 	 	 Which 	United 	Nati ons 	 tr eaty 	 defines 	 V iolence 	against 	 women?
	 2. 	 	 How 	 had 	Indian 	 P arliament	 r eacted	to 	 the 	 risin g 	cases 	 of 	domestic 	violence?
	 3. 	 	 State	 a	few	salient 	 featur es 	 of 	 the 	Act. 	
Q-3 You are a legal studies teacher in a school. You have been asked to conduct a session relating to 
se xual 	 harassment	 at 	 workplace. 	 In	 the	 session 	 you 	 have 	 to 	 make 	 teachers 	 and 	 staff 	 awar e	 about	
the 	 laws	 r elatin g 	 to 	 se xual 	 harassment	 and 	 various 	 guide lines 	 passed	 by 	 the 	 P arliament 	 to 	 protect 	
women against violence for prevention of the same citing relevant judgments and acts. 
 Write an article or create a presentation covering all the points/ issues in the session relating to 
sexual harassment at workplace.