WILL WOMEN STAND UP FOR THEIR RIGHTS??

The Domestic Violence Act passed in 2005 but implemented only in 2006 has not had the desired affect in curbing the perpetrator of the violence and helping the victims. Even after a year of the act being implemented, only an insignificant number of cases have been filed.

This Act is for violence - verbal, physical, economic and/or emotional - against women in a domestic household. It also allows the woman to stay in her matrimonial house or shared household even if her family members want to get rid of her. Dowry harassment can also be filed under this Act. Cases filed under this Act are to be handled by protection officers, service providers and counsellors. Due to lack of these, the Act hasn’t been executed to its full potential.

Also the lack of awareness of the Act amongst people hasn’t helped.
Victims of domestic violence do not speak out for a variety of reasons such as fear, lack of financial independence, child support, society and family hostility amongst many others. The terror of being abused more harshly if they take any legal action is ingrained in their mind.
The Act makes provision for the abuser to be taken into custody and an injunction order can be passed to protect the women from further harm. This will help her to proceed with the legal action without any trepidation. The law also provides monetary compensation to the victim.

A UN report shows that 70% of married women in India are victims of domestic violence. For many years it has been a practice to physically and emotionally abuse a woman if she is not submissive to the man or his family. If she protests, she is beaten up and sent to her house; her in-laws ‘wash’ their hands off her. In her parent’s house she is ill-treated and shunned from society as she has brought great shame to her family for being ‘kicked-out’ of her husband’s house. This is common in poor income households due to poverty and lack of education.

Although we have heard of domestic violence in middle and elite classes in hushed tones, it is no longer a secret because of the media exposure. Dowry harassment cases against Rahul Mahajan and former HRD minister Arjun Singh’s grandson have been registered; this confirms the fact that domestic violence hasn’t escaped the upper strata of the society either. Shweta Mahajan, Rahul Mahajan’s wife, who was beaten for dowry, later withdrew her complaint saying it was just an accident.

Not all women approach the police, as they are afraid of tarnishing their reputation. There is also the problem of women refusing to accept that they are victims of domestic violence; they pretend everything is all right. Women must first come to terms with what is happening with them only then can any form of action be taken.

Women are often emotionally broken down and do not approach the police for help as the treatment meted out to them borders on abhorrence. The police tend to take cases of domestic violence lightly, they dismiss the women saying it’s a ‘family’ matter and should not be publicised. The police do not file a Domestic Incident Report (DIR). There is also a lack of awareness of this Act amongst the police reported L.Srikrishna; workshops should be conducted around the country where they are taught the nuances of the Act and how to handle the cases.

A government survey in 2007 showed that 53% of children in India are subjected to abuse of various types but these assault cases have not been reported. It is difficult to help children under this Act. The lack of knowledge about what is right and allowed – wrong and forbidden is not comprehended completely by children. Even if they do know, they do not speak up for fear of being reprimanded for ‘lying’. Moreover, it is infeasible for a child to go to the police station and file a complaint unless an elder accompanies the child. The survey shows that the abusers are people who live in the same house as the child. Here comes the question of whom to trust?