Domestic Violence Act applicable to all women irrespective of religion

18 Apr 2024 Domestic Violence Act applicable to all women irrespective of religion

This article covers ‘Daily Current Affairs’ and the topic details of ” Domestic Violence Act applicable to all women irrespective of religion”. This topic is relevant in the “Polity and Governance” section of the UPSC CSE exam.

Why in the News?

The recent observation by the Delhi High Court underscores that the Protection of Women from Domestic Violence Act, 2005, serves as a tool for social justice intended to protect all women regardless of their religious beliefs or social status. Justice Anoop Kumar Mendiratta emphasised that the law was created to uphold the rights of individuals facing ‘domestic violence’ within a ‘domestic relationship’.

About Protection of Women from Domestic Violence Act, 2005

Definition of Domestic Violence

The Act defines domestic violence as any act, omission, or commission by the respondent that harms or injures or endangers the health, safety, life, limb, or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes:

1. Physical Abuse: This includes any act that causes physical harm or injury, such as hitting, kicking, slapping, or pushing.
2. Sexual Abuse: This includes any act of a sexual nature that is forced or coerced upon the aggrieved person.
3. Verbal and Emotional Abuse: This includes insults, name-calling, threats, intimidation, and humiliation.
4. Economic Abuse: This includes depriving the aggrieved person of financial resources or controlling their access to money.

Who is Covered Under the DV Act?

The DV Act adopts a broad definition of “domestic relationship,” ensuring a wide net of protection.  Here’s a breakdown of women who can seek protection under the Act:

1. Close Family Members: Mothers, sisters, wives, and widows are explicitly included, recognising the potential for violence within familial relationships.
2. Partners in Shared Households: The Act extends protection to women in live-in partnerships, irrespective of a formal marriage or adoption, acknowledging the realities of modern relationships.
3. Female Relatives in Joint Families: Women residing with their male relatives in a joint family structure are also covered, understanding the complexities of domestic dynamics within extended families.

Who Can File a Complaint?

Women Experiencing Domestic Violence: Any woman who has endured domestic violence has the legal right to file a complaint, initiating the process of seeking justice and safety.

Mothers Acting on Behalf of Children: Recognizing the vulnerability of children, the Act allows mothers to file complaints on behalf of their minor children (regardless of gender) who have experienced domestic violence within the household.

Children Included in Applications: If a woman files for her own protection, her children can be included as co-applicants in the court proceedings, ensuring their well-being is addressed alongside the mother’s.

It’s important to note that the DV Act does not allow female relatives of the husband/partner to file complaints against the wife/female partner, focusing on violence within a heterosexual relationship.

Available Relief Measures Under the DV Act

1. Protection Orders: These court-ordered safeguards aim to shield women from further physical or emotional harm by the respondent. These orders can restrict the respondent’s contact with the woman or limit their access to the shared household.
2. Residence Orders: These orders grant women the right to stay in the shared household, irrespective of ownership. This ensures they have a safe space to live, especially if they have children.
3. Financial Support: The Act recognises the economic impact of domestic violence. Women can seek financial assistance (maintenance) for themselves and their children, ensuring their financial security and independence.
4. Temporary Child Custody: During legal proceedings, women can obtain orders for temporary custody of their children. This is crucial to ensure the children’s safety and well-being while the court makes long-term decisions.
5. Compensation for Damages: Women can claim compensation for any physical or emotional harm caused by domestic violence. This serves as a form of justice and helps cover medical expenses or other losses incurred.

Support System for Women

1. Protection Officers: Government-appointed officers play a vital role. They assist women in filing complaints, accessing legal aid, and ensuring court order enforcement. These officers act as a bridge between women and the legal system.
2. Service Providers: These are NGOs that collaborate with various stakeholders, including the police and legal aid organisations. Service providers offer a holistic range of support, including legal aid, shelter in short-stay homes for women and children, counselling, medical care if needed, and even vocational training to empower women to achieve economic independence.

Factors behind Domestic violence

• Power Imbalance: Domestic violence often stems from an unequal distribution of power within relationships, where one partner exerts control over the other through physical, emotional, or financial means.
• Social Norms and Gender Roles: Traditional gender norms and expectations may perpetuate attitudes that condone or justify violence against women. Societal expectations regarding masculinity and femininity can reinforce power differentials and normalise abusive behaviour.
• History of Abuse: Individuals who have experienced or witnessed violence in their childhood or past relationships may be more likely to perpetrate domestic violence or become victims themselves.
• Stress and Economic Hardship: Financial strain, unemployment, or poverty can exacerbate tension within households and increase the likelihood of conflict and violence. Economic dependence on the perpetrator may also trap victims in abusive situations.
• Lack of Education and Awareness: Limited access to education and awareness about healthy relationships, conflict resolution, and legal rights may contribute to a lack of understanding of what constitutes acceptable behaviour within intimate partnerships.
• Cultural and Religious Beliefs: Cultural or religious beliefs that prioritise male authority or uphold strict gender roles may perpetuate attitudes that tolerate or justify domestic violence.

Status of domestic violence in India

• Domestic violence persists as a significant issue in India, impacting a substantial portion of married women aged 18-49 years, as evidenced by the National Family Health Survey (NFHS-5) 2019-2021, which reports a prevalence rate of 29.3%. Additionally, 3.1% of pregnant women have encountered physical violence during their pregnancy.
• The prevalence of domestic violence displays regional disparities, with Karnataka, Bihar, and Manipur exhibiting the highest rates, while Lakshadweep, Goa, and Himachal Pradesh record the lowest rates. Recent NFHS-5 data indicates that 30% of Indian women encounter domestic or sexual violence, highlighting the widespread nature of this issue. Notably, domestic violence transcends educational backgrounds, affecting women across all strata of society, including educated households.

Download Yojna daily current affairs eng med 18th April 2024

Prelims practise question

Q1. ‘Beijing Declaration and Platform for Action’ is:

(a) a strategy to tackle regional terrorism, an outcome of a meeting of the Shanghai Cooperation Organization

(b) a plan of action for sustainable economic growth in the Asia-Pacific Region, an outcome of the deliberations of the Asia-Pacific Economic Forum

(c) an agenda for women’s empowerment, an outcome of a World Conference convened by the United Nations

(d) a strategy to combat wildlife trafficking, a declaration of the East Asia Summit

Answer: C

Q2. Consider the following statements regarding the impact of climate change on women:

1. Women in low-income countries are more vulnerable to climate change due to their dependence on natural resources and labour-intensive work.
2. Women in urban areas are more vulnerable to climate change than those in rural areas.

Which of the statements given above is/are correct? 

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

ANSWER: A

Mains practise question

Q1. In what ways has economic instability during the pandemic contributed to instances of shadow violence, particularly in marginalised populations?

Himanshu Mishra

I am a content developer and have done my Post Graduation in Political Science. I have given 2 UPSC mains, 1 IB ACIO interview and have cleared UGC NET JRF too.