Yatra Naryestu Pujyante, Ramnte
Tatra Devta...” believer country needed A separate Act to protect social (verbal,
sexual and emotional), physical and economical abuse of a women. Most of us
think that the Protection of Women from Domestic Violence Act, 2005 is only for
married women and it protect her to be abused from husband and his relatives
only but it is very wrong interpretation due to unawareness of the society. Simple
meaning of Domestic Violence is Gharelu Hinsaa.

 

Ghar is a calm and secure place for Human even for animals and birds too. Wherever a person feels uncomfortable we say ‘feel homely’ to be comfort. It could be imagine and easily feel that
what feelings would be worse when a person is tortured by their close one. Generally,
a human, being a women thought a lesson ‘does not heed pay to small hurt’ and
keep peace& harmony. This is a mother land
of APAALA, GHOSA, VISWARA &
SACHI till the beginning of  Mugul
period. Indian woman suffered a lot, and gradually bindings became a
tradition.Undoubtedly, domestic Violence is a human right issue.

 

Domestic Violence governed by Family Law. It includes child abuse and child neglect, spousal abuse or domestic partner abuse and elder’s abuse. It is crime in 50 countries .
Domestic abuse can also cover threats, emotional abuse, harassment and
stalking.

 

Relevant Provisions of allied Laws (Domestic Violence Act’2005) i.e. the Code Of Civil Procedure, 1908.The Code of Criminal Procedure, 1973. The Dowry Prohibition Act, 1961.The Indian Evidence
act, 1872. The Hindu Marriage act,1955. The Indian Penal Code, 1860.The Legal
Service Authorities Act, 1987.The Social Registration Act, 1860. The said Act
effected from 26 Oct 2006.
The Act, is just a new look of Instant Justice and provide a effective
protection of rights of women guaranteed under the art.14,15 and 21 of the Indian
Constitution 1949. 

 

The said Act covers that Women who ARE  or HAVE BEEN in a relationship with the Abuser where both the parties have lived together in a share household
and are related by consanguinity, marriage or through a relationship in the
nature of marriage or adoption.

 

Even those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to legal protection under the proposed legislation.

 

The wife or female living in a relationship in the nature of marriage can file a complaint under this prescribed Act against any relative of 
the HUSBAND or MALE  partner.

 

 This Act does not allow ANY FEMALE RELATIVE OF HUSBAND OR MALE PARTNER TO FILE A COMPLAINT AGAINST THE WIFE OR THE FEMALE PARTNER.  

 

Where a women is subjected to a cruelty by her husband or his relatives, it is a punishable offence u/s 498-A of the I.P.C. The CIVIL LAW  does not
however address in it’s  entirely. There is
a basic difference between Criminal law & Civil Law.  Crime is wrong against the Society but Civil
wrong against a Private. A Civil liability is measured by the wrongful act instead;
Crime is measured by intention of Wrong Doer. Ultimately, it is proposed to
enact a Civil nature law included Criminal Law behavior  to get /achieve  instant, speedy and effective justice.

To get the relief from prescribed procedure under Domestic violence Act is so easy and free of cost, any person can approach to protect other lady ,whoever is 
helpless and confined in their premises and assaulted by their close one,
family member. Aggrieved person or any other concerning person by E-mail or
Phone can file a complaint, before Protection Officer.

Agrrived person can file/put a simple application before Magistrate and he ..migt be order to put the accused person with in 2 days before the Court. Mediation proceeding is available under
the procedure. Wherever, need of  legal aid,
medical aid, shelter home it would be available free of cost, as per
requirement. Service provider and Shelter Home is arranged by Govt. Option of
compromise is open at any stage of the case just like a Civil matter and
accused must be present before Magistrate during the trial otherwise he will be
arrest like a criminal matter.

 

All the above facilities and help for females , who have vision and mission of articulation to fight against the cruelty not for those, who are silent ,coward and orthodox of the Society.
There are a lot of well earned ladies are  bearing mental, economical abuse but can not
approach under the said Act cause of fearing from  so called reputation, and fear from  Male dominated society. Present scenario of
the Country is rapidly changed but rooted in orthodox ground also. We should
open the window to take fresh breath and co-operate that female, who are
perusing against this cruelty, at least Being a women, a female should welcome
and keep normal behavior  toward the
victim lady.  Coming out is a liberating
process but it is not easy, most of the Indian woman prohibits herself from
being debate subject of society so she is silent and bearing every thing.

Regarding this subject, all this is talking the “ifs” and “buts” out of  humanity.