Domestic Violence Bill: A Critique

By Mrs Dipa Dube, Faculty Member, National Law University, Jodhpur

Justice, liberty, equality and dignity are the quadruple elements of free living stipulated in the Indian Constitution. They are the steps to the attainment of the goals of welfare state and all efforts of the Government are directed towards this end in view. But, unfortunately even after fifty-five years of Indian independence, we continue to grope in the dark and all dreams of ensuring liberty, equality and dignity of individuals continue to be mere farce.

Violence against women at home is the worst form of violation of the Constitutional mandate, perpetrated in present day society. If statistics are to be believed, 'almost every six hours, somewhere in India, a young married woman is burnt alive, beaten to death or forced to commit suicide. At least 20% married women aged between 15 to 49 years experience marital violence at some point in their lives, many on an almost continual basis.'1 The nature of violence varies from physical assault, forced sexual gratification to psychological torture for reasons varying from non- payment of dowry, reinforcement of masculine fervor to mere disobedience of authoritative dictates. Such continual subjugation and harassment of women has proved to be an anathema for the physical and mental well being of women, and society, at large.

Of late, the Government of India has drafted a bill titled "The Protection from Domestic Violence Bill, 2002"2, introduced in Lok Sabha on March 8th , 2002, for the protection of the rights of women in the family. This article is a humble attempt to highlight the loopholes of the present bill and the areas where modification is desired to suppress the evil that it may otherwise cause.

Scheme of the Proposed Bill

The "Protection from Domestic Violence Bill 2002" enumerates as its object the protection of rights of women who are victims of violence of any kind occurring within the family and to provide for matters connected therewith or incidental thereto.

It is divided into five chapters comprising of 22 sections in all. The first chapter deals with the applicability of the Bill and definitions thereunder. Chapter II titled as "Domestic Violence" defines the term as constituting the following:-

Habitually assaults or makes the life of the aggrieved person miserable by cruelty of conduct even if such conduct does not amount to physical ill treatment; or

Forces the aggrieved person to lead an immoral life; or

Other injures or harms the aggrieved person.

The exclusion clause to (c) explains that nothing shall amount to domestic violence if the pursuit of course of conduct by the respondent was reasonable for his own protection or for the protection of his or another's property.

Chapter III provides for the appointment, powers and duties of Protection Officers. They are to be appointed by the State Governments in each district to work as watch dogs over incidents of domestic violence, assist the victims in their endeavor to seek relief and at times, act as counselor for independent and impartial settlement of marital blues.

The subsequent chapter lays down the procedure for obtaining protection order. An application for the same may be presented either by the aggrieved person or Protection Officers or any other person, to the Magistrate. After hearing both the parties, the magistrate may pass orders restraining the commission of such acts in future, or for payment of such monetary relief as he deems just or any other direction considered necessary. He may even order the respondent and/or the aggrieved person to undergo mandatory counseling with any service provider

Appeal from the order of Magistrate lies with the Court of Session within a period of 30 days as enumerated in Chapter V of the Bill. It also prescribes for punishments for certain offences under the Bill and entrusts the Central Government with the power to make rules for the purposes of carrying out the provisions of the Bill.

Domestic Violence Bill: A Critique

Title: The term 'Domestic Violence' is very wide in its ambit. 'Violence' per se signifies actual use of force or coercive method causing injury or damage. According to Webster's Dictionary, violence is a force that injures or abuses3. The term domestic violence therefore, encompasses aggressive and torturous behavior perpetrated within the four corners of the house amongst the members domiciled therein, though not strictly confined thereto4. It would include violence inflicted by man upon woman, woman upon woman as well as adults upon children within the matrimonial home. As explicitly specified by the 'Model Code on Domestic Violence'5, 'Family or household members', for the purpose of "domestic violence" includes

Adults or minors who are current or former spouses

Adults or minors who live together or had lived together

Adults or minors who are dating or have dated

Adults or minors who are engaged in or...

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