Prevention of Violence against Women Chapter Notes | Legal Studies for Class 11 - Humanities/Arts PDF Download

What is Domestic Abuse/Violence ?

Domestic abuse, also known as 'domestic violence,' refers to a repeated pattern of actions within a domestic relationship aimed at obtaining or retaining power and control over another individual.

• Forms of Abuse: It encompasses physical, sexual, emotional, economic, or psychological behaviors or threats that exert influence over someone. This includes behaviors like intimidation, manipulation, humiliation, blame, and physical harm.
• Scope: Domestic abuse can affect individuals regardless of their race, age, sexual orientation, religion, or gender. It can manifest in various relationship types, including married couples, cohabiting partners, or dating relationships.
• Societal Impact: Domestic violence transcends socio-economic backgrounds and educational levels. While it is largely condemned in Western nations, in other regions, it may be legally permitted or culturally accepted.
• Examples:
  In the United Arab Emirates, laws may permit limited physical discipline by a man towards his wife and children.
  In countries like Jordan, Guinea, Zambia, Sierra Leone, Laos, and Ethiopia, domestic violence can be socially acceptable, even among women themselves.

International Legal Framework

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

• CEDAW is a United Nations treaty that identifies and addresses discrimination against women.
• It is known as the international bill of rights for women.
• 99 countries, including India, are signatories to CEDAW.
• CEDAW calls for national actions to end discrimination against women in all forms.

UN Declaration on Elimination of Violence against Women (1993)

• Violence against women is defined as gender-based acts causing physical, sexual, or psychological harm.
• Includes threats, coercion, deprivation of liberty, occurring in public or private life.
• Examples: battering, sexual abuse, dowry violence, marital rape, female genital mutilation, etc.
• Can happen within families or in the general community.

State Responsibility and Legislation

• States are responsible for addressing and preventing violence against women.
• India is a signatory to the UN Declaration on Elimination of Violence against Women.
• UN Model Legislation on Domestic Violence (1996) guides states in drafting comprehensive laws.
• Defines domestic violence as gender-based abuse within families, including various forms of harm.

Laws in India on Prevention of Violence against Women

A. Protection of Women from Domestic Violence Act (PWDVA), 2005

• Prior to 2005, 'domestic violence' wasn't legally recognized in India as a distinct category.
• In 2005, the Protection of Women from Domestic Violence Act (PWDVA) was enacted to safeguard women facing violence within or connected to the family.
• The concept of 'domestic violence' in India was influenced by international legal frameworks like CEDAW and the UN Declaration on Elimination of Violence against Women.
• PWDVA addresses the gap in civil remedies for domestic violence against women, offering comprehensive support beyond criminal consequences.
• PWDVA defines domestic violence broadly to include physical, sexual, verbal, emotional, and economic abuse.

Salient Features of PWDVA:

• The Protection of Women from Domestic Violence Act (PWDVA) is a civil law except in certain sections where criminal proceedings are involved. Unlike criminal law that focuses on punishing offenders, PWDVA aims to provide compensation and support to women. In criminal cases, enforcement relies on the State, police, and prosecution lawyer. PWDVA, being a civil law, is victim-centered, allowing direct access to the court for the woman. Initiating rights and reliefs under PWDVA requires the woman's consent. 
• PWDVA broadly defines 'domestic relationships' to include wives, mothers, sisters, daughters, and live-in partners, offering protection to all these individuals. 
•  The protection under PWDVA extends beyond the matrimonial home to cover 'shared households,' including mothers, sisters, and daughters. 
• PWDVA includes provisions for 'Stop Violence' orders that provide emergency relief to halt violence immediately. It complements other laws, enabling women to enforce laws like divorce laws. 
• For effective implementation of PWDVA, it provides access to justice and support systems. Protection Officers act as intermediaries between the court and women, ensuring access to the justice system. They assist in filing applications for various reliefs, raise awareness about legal aid, and provide shelter and medical services. 
• PWDVA involves Service Providers, NGOs that voluntarily register under the Act to offer essential support such as shelter and medical facilities. Women may prefer approaching NGOs for support over the police or state authorities. 
• PWDVA introduces a 'single window clearance system' to help women access the justice system efficiently. This system allows women to seek civil reliefs under various laws through PWDVA, simplifying legal processes and avoiding multiple suits in different forums. 
• PWDVA empowers magistrates to direct parties in a case to undergo counseling with qualified service providers. Women's groups play a crucial role in counseling, often viewed as a means to preserve marriages and ensure safety for women. 
• PWDVA mandates the Central and State Governments to train and sensitize the public and state authorities, including the judiciary. 

B. Sexual Harassment of Women at Workplace: Prevention, Prohibition, and Redressal

Protection of Women from Sexual Harassment Act, 2013 (POSH Act)

• Objective of POSH Act: The POSH Act aims to make workplaces safer for women by preventing, prohibiting, and redressing acts of sexual harassment against them in the workplace.
• Enactment: The law was made effective in the whole of India on December 9, 2013, by the Ministry for Women and Child Development.

History of the POSH Act

• Many women's rights groups and NGOs filed a case, Vishakha and others v. State of Rajasthan and others, in the Supreme Court to address sexual harassment towards women at the workplace.
• Origin of the case: In 1992, Bhanwari Devi, a low-caste woman, was gang-raped for trying to stop the practice of child marriage.

Vishakha Guidelines:

• Employers must include rules in the company code of conduct to prevent sexual harassment.
• Organizations should establish complaint committees led by women.
• Disciplinary actions must be taken against offenders while safeguarding the victim's interests.
• Female employees should be informed of their rights.
• Supreme Court's recognition: Sexual harassment at the workplace was acknowledged as a violation of human rights for the first time, leading to the formulation of the Vishakha Guidelines.
• Legal Framework: The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013 is based on the Vishakha guidelines and aims to provide a mechanism for redressal of Sexual Harassment complaints at the workplace.