India Together: Law recognises violence behind closed doors

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DOMESTIC VIOLENCE
Behind closed doors
We can now celebrate the fact that India is one of the few countries around the world that recognises that domestic violence is a violation of the human rights of women. The law alone is not enough, but it surely strengthens the hand of those who want to establish these rights, says Kalpana Sharma.

08 November 2006 - No one speaks of it. Women suffer it in silence. They are schooled to believe that ultimately it is their fault. Behind the closed doors of many a home, women are abused, physically, emotionally, verbally. But these stories rarely make it to the public domain because the victims themselves will not speak. They think there is no option but to keep quiet and accept. Marriages are made in heaven, they say, but for millions of married women, it is a hell on earth.

Not any more. For, even if Indian society has failed its women on many counts, we can now celebrate the fact that India is one of the few countries around the world that recognises that domestic violence is a violation of the human rights of women.

The Protection of Women from Domestic Violence Act, 2005, which was notified on October 25, 2006, is path breaking in more ways than one. Most significant perhaps is its definition of "domestic violence" as spelt out in Chapter II of the Act. All forms of physical, sexual, verbal, emotional or economic abuse are defined as "domestic violence" by this law. It offers women victims of such violence civil remedies of a kind not available to them earlier. Till now, women could use Section 498 A of the Indian Penal Code to file a complaint against an abusive spouse. But this did not give the woman the right, for instance, to stay on in her matrimonial home or to demand a maintenance if thrown out or seek protection orders from the abusive partner. The law now provides her these civil remedies that are as important as the punishment provided under the law for committing the offence.

The Act lays down clearly what a police officer must do if a woman comes to the police station with a complaint about domestic violence. If this is not done, the policeman is also held accountable under the law.

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In many ways, such remedies are almost more important because the first challenge the woman faces, if she summons up the courage to report domestic violence, is where she will live until the law determines her case. Most women only turn to the police or the courts when they have already been physically thrown out of their homes, or have been so severely abused that they cannot hide their physical wounds from friends and family.

The problem cuts across caste, class and creed. It matters little whether the woman is educated or not, rich or poor. But while one could argue that a poor uneducated woman would be unaware of her rights, or would not know how to turn to the law, why do so many educated middle class women also tolerate abuse? The Lawyers Collective, which was one the groups that was at the heart of the discussions and campaigning for this law, surveyed some of the victims of domestic violence who turned to them for help in Delhi and Mumbai. While the findings are by no means representative as the sample is very small, they are indicative of the reality in our cities. Most of the women who came to them were middle class women in the age group 18 to 35. Significantly, a substantial number of them did not have independent means of income and were thus in an economically dependent situation. So these women suffered the abuse because they believed they had no option.

Since the law came into effect, there has been considerable discussion in the Letters columns of several newspapers, whether such a law can actually make a difference. There are two things that have to be done first before one can even discuss whether the law will work. First, women have to be made aware that such a law exists. I am amazed at the lack of knowledge on women's legal rights even amongst educated young women studying in some of our premier educational institutions. These are the very same middle class women who will get married. Some of these marriages could turn out to be violent. And despite their education, these women could end up like the women surveyed by the Lawyers Collective, believing that they have to tolerate abuse because they have no option. So public information and education, of the kind that has taken place on the Right to Information Act, is essential on this and other such laws.

Making the law effective

Second, and equally important, the police need to be informed and trained to use the law. Already there are instances being reported in the media where women have gone to the local police station to register a complaint about domestic abuse. Instead of using the provisions of the law, the police have advised them to think again and try and reconcile their differences with their husbands. The Act on the other hand lays down clearly what a police officer must do if a woman comes to the police station with a complaint about domestic violence. If this is not done, the policeman is also held accountable under the law.

We know, however, that even the best laws have their limitations. Laws alone cannot bring about a change in societal attitudes. We have reams of progressive laws in this country but crimes against women continue to be perpetrated, virtually unhindered by the criminal justice system. Yet, just because these laws are either not properly implemented, or women fail to use them enough, is not an excuse to allow crimes such as domestic violence to continue unchecked. Every new law of this kind strengthens the hands of those who want to establish that women's rights are truly human rights. ⊕

Kalpana Sharma
08 Nov 2006

Kalpana Sharma is Chief of the Mumbai Bureau and Deputy Editor with The Hindu, and a regular contributor to India Together. Her opinions, which appear in a regular column with The Hindu, are concurrently published on India Together with permission.

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Comments (15)

Posted by Ravi,
It is unfortunate that you have seen only one side story and even not discussed the how to tackle the misuse of this law. Have you ever visited any criminal court and observed how 498A is being misused? It has become a tool for divorce. Once the wife goes to the police station, that is the end of the marriage, and for the husband she is like a dead woman. The govt. should think of some other mechanism to combat dowry and at the same time it should save families and marriages. The law should not break marriages which is happening in 498A.

Posted by Chellappa,
The whole discussion is described keeping only one aspect of the situation .It is assumed that only women are abused.There are no mentions regarding the misuse of the ACT. The act also has to take care of the situation where the women is fiegning domestic violence in order to gain advantage .The days are changing ,with more women educating and increasing social awareness among women in the cities ,there is a chance that they are misused in the cities atleast ,Surely there is a lot to be done in the rural sector . The Act should consider all the cases

Posted by meenakshi srinivasan,
I am sorry, but I need to totally disagree with your viewpoint, Kalpana. This act makes me ashamed not proud. For one, it shows how dis-empowered women are that they have lost their sovereignty and need these legal crutches. Secondly, in the past 5 years, I have known 3 instances where newly married brides have had the usual "adjustment" problems with their in-laws and with the help of their parents have taken the groom's family to the cleaners and in some instances to jail. In one instance, even the jewelery that my friend (as a sister in law) had gifted to the bride for the wedding was taken by the "bride" as she was "tortured" for dowry!

As much as I am a woman, I am for justice. Be it male or female, we share this planet and the sooner we learn to live together than make each other "pay" for each other's shortcomings, the better it is for us as human society. I think we need to rebuild the trust between the sexes which as gone missing since the time of the "feminist movements" without the loss of sovereignty of either sexes. This act shows how Indian legislation is sadly following in the shallow footsteps of American law.

Posted by Pranay Rupani,
Typical of men to mention the misuse of the act, who then will account for the many years of abuse? The law does not break marriages, there is a fear that women will have an equal right to end a marriage which in a dominantly patriarchal society is unthinkable.

Posted by ramyacraj,
The article says - " behind closed doors". Really we cannot surely predict what happens behind closed doors. This article highlights only one face of the scenario (which is true but not always) ... the other face can be seen when some one opens those closed doors.

We cannot really say, even the new laws are misused and can also be. It's appreciable if any of the other noble ideas are applied by the government in order to root out the domestic violence which never can be misused. Laws can be made to apply in society but cannot be made as one's principle to be followed. One should be endowed with the best education in order to aware of their rights and have urge towards their duties.

Posted by Dr. Vashima,
All those who put the onus of broken marriages on women, think twice. In a society where the basic training given to a female child in the name of culture is endurance, will she take this law as lightly as they think? In a society where woman's reputaion and acceptability is defined in terms of her marital status, will she take this law for self-destruction? Please think again, why would a woman use any provision given to her for her safety to break a beautiful thing called home..

Posted by Tulika Saxena,
Even I am very sorry to hear your views Meenakshi, Firstly this Act is not a measure of women empowerment, it just tries to reinforce the right of the women to live a violence free life in her home. May be the severity and the occurance of domestic violence is not clear to you as you feel that this is a reflection of feminists trying to get back with men.If America has domestic violence act in their country it is not because of any shallowness but because of high cases of wife battering existing there, and if India has this now, it is because of the incidences of violence that happens with Indian women. I dont know whether India followed America or South Africa, because even South Africa had it before us. Anyways, I fail to understand why people get so insecure about the misuse of the act. No act in this world is free of misuse. Strangely we see no hue and cry when men misuse legal provisions against other men or women. But when three women take their husband to jail and take back jwelleries from thier inlaws....my god! the world turns from injustice. Let me tell you, law or no laws these women were anyway going to make hell of their inlaws life. If you think that only a law will turn a women into demon you are mistaken.
Kindly dont miss out the most positive message this act reflects- The state now owns the responsibility of the matters which were previously shunned as the private matters and women had no recourse to justice.

Posted by Julie Thekkudan,
As per your comment, women in India have been an empowered lot traditionally, and with the passage of this Act they have become dis-empowered. Could you please enlighten me how are Indian women traditionally empowered? Because working in this field for 8 years now, I have seen women as dis-empowered and the empowerment that they have witnessed is largely due to the fact that they have fought very hard and won that empowerment. You also mention 3 instances where women have misused the dowry related clauses, which has proved painful for you as a woman related in ways to the victims, the men. Can you deny that there would be 300 times more the cases where women are 'tortured' for dowry? The Dowry Prohibition Act 1961 was largely a measure to curb the practice of dowry. That Act is being misused by men very often, but there seems to be no hue and cry about it. And for those women who are abused within their homes, for dowry or otherwise, this Act could be the only ray of hope. And also to clarify that I don't think the lack of trust between the sexes is the sole responsibility of the 'feminist movement', which has only worked towards bringing back the trust of women in themselves.

Posted by suchitra sukumaran,
I feel we need not waste our time and resources discussing such poor opinions about the law as that of Smt. Meenakshi who obviously is living in a world of fantasy. Let us use the time to educate the scores of women who need it.

As for the insecurity of men ... it is of course expected..what about the injustice meted out to women all these centuries? Why is it no one had misgivings then? This is the first ray to ensure justice behind doors. As for misuse this law definitely will not be misused as much as the many other laws which are daily being misused for the simple reason mentioned by Dr Vashima above. Any woman in her right senses would do everything reasonable to sustain and protect her home..

Posted by geetha bhardwaj,
The genesis of the Domestic Violence Act lies in the historic social sanction that was given to domestic violence and the fact that for many centuries, it has been seen as 'normal' for a man to dominate, beat, harass, insult, or demean his wife. The Act has effectively broken this aura of acceptance and silence around violence.

At the same time I feel it is important to examine the trends in the misuse of the law and figure out: who is misusing? Women? their families (fathers, brothers?) to what end? As gender relations change, we should be watchful to ensure that the end result is justice for all.

Posted by J M Kaul,
When the question of giving some special facilities to Dalits or OBCs comes up there are people who cite instances of irresponsible behaviour of these long oppressed sections of society. When those who have been opressed for thousands of years and are still being illtreated, hurt, harassed , burnt to death sometimes react violently one has to understand that it is only natural that there will be a backlash.

The patr1archal society of today which thinks nothing of murdering the girl child - the number of such girl children killed now runs into millions - should not grumble if in a few cases women take unfair advantage of the law that seeks to protect them. That more dowry deaths are taking place in sections of the affluent society than in the lower strata is something that should make us realise that the present consumerist society based on greed is the root cause of most of these evils.

Posted by Dr. P. Sensarma,
Please note that the law has been passed and enacted, so maybe we can spare the vitriol and take a slightly more objective view.

Cognizance according to the law is equated with a woman's complaint. The major point of opposition (may not be only "male" insecurity) to this aspect is that the law of the land makes it mandatory to treat the man's voice and viewpoint as irrelevant. Justification for such an approach follows Suchithra's line of argument. However, the notion that a woman's (in contrast to that of a man's) prime concern is her home and family is also a creation of the same patriarchal society that, according to her, has perpetuated domestic violence against women. So when the basis of the patriarchal order is sought to be questioned, then, to be fair, the above premise does not remain infallible. The fallouts of the male-dominated order also adversely affects men as it does women. For one, it requires men to conform to a blinkered image of himself. So, a man is not expected to display his emotions of helplessness and always appear to be in command. This is such a widely-held view that a man is ridiculed if he even hints that he is being emotionally trampled upon by his wife. When the law of the land effectively endorses that attitude also, to the man that is double jeopardy. Given the Indian family system, the unfortunate part is that at least one other woman (usually an elder) will also be directly affected and drawn in the public spectre of humiliation.

J. M. Kaul blames consumerism and greed as the root of DV and dowry-related issues. He calls such laws as a "natural backlash". I am not a legal professional but my lawyer friends tell me that backlash as a legal term has a negative connotation. It denotes a rash, malafide action intended to wreak damage to an opponent. While it is perfectly understandable that an individual victim of violence has such an attitude, how can one justify that two wrongs make one right? True, it is "natural backlash" but it's surely not natural justice. Tulika's argument against misuse is flawed in itself. True, well-intentioned laws are being misused despite the inherent checks and balances. In fact, all laws are subject to a process of continuous review, as they truly should be, to minimize these possibilities. But her argument (and this also has been an oft-adopted line) is that she recognizes yet deliberately chooses to ignore the possibility of misuse. As her personal opinion, I respect that argument completely. As the law of the land, it does not reflect sensibility.

Posted by Mala,
Hi, No women/nobody in the world will leave good love and affection if shown properly. Moreover no good parents will encourage for such law proceedings unless they are convinced that there is no mistake on the part of their daughter. Afterall Indian society is male dominating and parents know very well about life of divorced women in our society. So, if a woman claim for this, her spouse really deserve it. May be the victim's spouse manipulated the stories later to get sympathy of people like you Ravi.

Posted by Neerja Thakur,
You can't even imagine what goes "behind doors". A lot of harrasment that a women is ashamed to talk about. she can never bring up sex related issues, dirty Desi abusive language, finance issues and many more that none can imagine. I have taken my issues to psychiatrist, getting more abused in return. Women are blamed for disinterestedness in sex, are advised to keep taking abuse and say "haan ji, haan ji" to her husband. One doctor refused to accept emotional abuse as abuse at all unless physical torture was inflicted. Highly influential circle of husband makes it worse for these women. This law has given some solace to hearts of abused wives like me. Ask me what emotional, sexual, mental and spiritual abuse is all about, if not physical. How this abuse is treated by doctors, psychiatrists, relatives, friends, other institutions if one reaches them out for help. Trust me there is no help except for a few NGO's and very very few doctors. The judiciary system, Police, doctors, pychiatrists have to be trained to recognise and understand the various kinds of abuses and how to handle them. Indian women are not aware of their own situation. They have to be taught how to stop being a victim. A lot of work in the field of awareness is required. This law is the first step towards creating this awareness. Though very late, but a sure help and a spoon of cool waters for women in distress like me. Thanks Kalpanaji for this great help and awareness system.

Posted by N. S Pitale,
I am happy that appropriate laws have been framed to protect Indian women being harassed and tortured by in-laws for dowry. Nowadays the men who ask for dowry and torture their wives deny such things and make allegations against their wives that they are mis-using the laws. No woman would like to destroy her home and make unstable her life by invoking the provisions of the law unless she is compelled to do so and all her efforts to resolve the issue have proved futile. However, it is still necessary to ensure these laws are made more effective in arresting domestic violence on women, and implementation of these laws effectively has become more important. I hope the NGOs and the others valuing human rights come forward to protect the honour of Indian women.

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