Protection of Women from Domestic Violence | Criminal Law for Judiciary Exams PDF Download

Introduction

• The media constantly sheds light on distressing incidents of violence, such as a bride facing a death sentence for dowry, a schoolchild succumbing to injuries inflicted by their father, or a 70-year-old man losing his life in a property dispute. These narratives, however, only scratch the surface, with numerous unreported cases escaping our awareness daily, including those occurring within our own communities. Despite witnessing or being aware of such instances, many hesitate to take action.
• In bygone eras, women were considered indispensable to any ritual, serving as the home's Lakshmi. However, today, their status has dwindled, relegating them to mere escorts and housemaids.
• Domestic violence transcends economic and social boundaries, affecting not only developing nations but also prevalent in developed countries. Despite constitutional provisions like Article 14 guaranteeing equality before the law and Article 15 prohibiting discrimination based on gender, the reality doesn't reflect this constitutional promise. Although the Constitution acknowledges gender equality, the prevailing disparity between men and women persists, highlighting the need for concerted efforts to bridge this gap and address the pervasive issue of domestic violence.

Domestic Violence

• Domestic violence is a critical issue that poses a significant threat to human rights and societal development. It is recognized as a human rights concern by international agreements like the Vienna Agreement 1994 and the Beijing Declaration and Forum for Action 1995.
• Violence within homes reflects a disturbing trend in society, with cases often going unreported or unnoticed. It transcends geographical boundaries and social demographics, affecting individuals across all age groups and social strata.
• Factors contributing to domestic violence are diverse, including the desire for control, exploitation for personal gain, and fear of losing dominance. Psychological issues and social influences also play significant roles in perpetuating such violence.
• Women and children are particularly vulnerable to domestic violence, with factors like illiteracy, economic dependency, and societal norms exacerbating the problem. Practices like dowry also contribute to violence against women.
• Urban settings witness a range of factors leading to domestic violence, including economic disparities between partners, late working hours for women, and social conflicts within families.
• The Protection of Women from Domestic Violence Act 2005 is a crucial legal framework in India aimed at safeguarding women from domestic abuse. It offers remedies and protection to women facing violence in domestic settings.
• Notable cases like the Naina Sahni Tandoor Murder Case highlight the extreme consequences of domestic violence. Legal proceedings and convictions in such cases underscore the importance of addressing domestic violence effectively.
• The law provides avenues for victims to seek protection orders and redressal for various forms of abuse, including physical, emotional, verbal, and economic violence.
• Efforts towards creating a society free from violence against women require collective action and awareness. Initiatives like nationwide campaigns can play a pivotal role in addressing and preventing domestic violence.
• It is essential to recognize the complexities of domestic violence and work towards fostering a safe and supportive environment for all individuals affected by such abuse.