The Remedies in Civil Law .Presentation by Mohanakumar V.N.
   Domestic violence is the net effect of behaviours used by    one person in a domestic relationship to control the othe...
   Before Birth: Pre-natal sex-selection, battering    pregnant woman.    Infancy: Female infanticide and    physical, s...
   Patriarchal view of society see woman as the    property of man.   In the National language, Pati means    husband; i...
   D.V. is learned behaviour: through observation and    personal experience from day-to-day interactions.   It may be w...
   Domestic violence is not a problem in my community.   Domestic violence only happens to poor women.   Alcohol, drug ...
   Tension building: Begins insidiously with minor    controlling behaviours and psychological abuses and    insults.   ...
TENSION BUILDING.APOLOGY                              ABUSIVE                                        8
   Relegating intimate domestic relationships to    private sphere limits the scope of governmental    scrutiny, further ...
   Why a legislation for domestic violence?   Domestic violence is among the most prevalent    and among the least repor...
   The Personal Laws based on religion, dealing    with private life, have two extreme remedies to    D.V: either adjust ...
   Cruelty as prototype of Domestic Violence.   Cruelty is not defined and the court can be    flexible.   Matrimonial ...
   The list of laws created for various religions are:   For Hindu (Sikhs, Jains and Buddists) – Hindu    Marriage Act, ...
THANK YOU !              14
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Law on dom estic violence against women

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  • Facts and statistics from the T.V. Show,SatyamevaJayate, anchored by Amir Khan.
  • * Shobharani V. Madhukar Reddy, S.C, AIR. 1988.
  • Law on dom estic violence against women

    1. 1. The Remedies in Civil Law .Presentation by Mohanakumar V.N.
    2. 2.  Domestic violence is the net effect of behaviours used by one person in a domestic relationship to control the other. Partners may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. It includes some other domestic relations too. The Indian Law does not accord permission to all the afore- said categories. D.V. is life long suffering mostly of women at various stages of their life: Pre-natal, infancy, adolescence, womanhood, senility. 2
    3. 3.  Before Birth: Pre-natal sex-selection, battering pregnant woman. Infancy: Female infanticide and physical, sexual, psychological abuse and discrimination. Girlhood & Adolescence: Child marriage, Genital Mutilation, sex abuses by intimate relatives, enforced prostitution. Womanhood: partner violence, marital rape, forced pregnancy, dowry abuse. Elderly: Neglect by offspring, forced suicide, starvation, denial of essential medical attention. 3
    4. 4.  Patriarchal view of society see woman as the property of man. In the National language, Pati means husband; it also means owner. It shows our national attitude towards woman. Shockingly she is safer outdoors than indoors. 40% of women patients in a hospital are found to be victims of D.V. 4
    5. 5.  D.V. is learned behaviour: through observation and personal experience from day-to-day interactions. It may be worsened and not caused by illness, heredity, alcohol, victim’s conduct and lack of self-control. D.V. is not just a physical outrage; it is deliberate abuse of power by which the abuser controls the victim by calculated intimidation and violence. Unequal power relations result in establishment of control and fear, victimising the weaker. 5
    6. 6.  Domestic violence is not a problem in my community. Domestic violence only happens to poor women. Alcohol, drug abuse, stress, and mental illness cause domestic violence. Domestic violence is a personal problem between a husband and a wife. Leaving marriage is a sin and is the end of life. 6
    7. 7.  Tension building: Begins insidiously with minor controlling behaviours and psychological abuses and insults. Abusive: By establishing control through calculated moves physical abuses are perpetrated. Apology: Initially the perpetrator tends apology. The movement is cyclic. Though with the victim’s total submission to violence, the phase of apology becomes unwarranted. 7
    8. 8. TENSION BUILDING.APOLOGY ABUSIVE 8
    9. 9.  Relegating intimate domestic relationships to private sphere limits the scope of governmental scrutiny, further compounding the peripheral status of women. Public sphere is man’s domain where the relations between State and citizen are dealt with. The International human right norms concentrate mainly on abuses in the relationships between State and Citizen. A crime in private life is ignored and the same offence in public sphere is viewed seriously by the State. e.g. marital rape and rape. The cultural, religious, domestic abuses against women enjoy the immunity of private sphere. 9
    10. 10.  Why a legislation for domestic violence? Domestic violence is among the most prevalent and among the least reported forms of cruel behaviour. Till the year 2005, remedies available to a victim of domestic violence in the civil courts (divorce) and criminal courts (vide Section 498A of the Indian Penal Code) were limited. The remedies that were available were linked to matrimonial proceedings; and the court proceedings were always protracted, during which period the victim was invariably at the mercy of the abuser. 10
    11. 11.  The Personal Laws based on religion, dealing with private life, have two extreme remedies to D.V: either adjust or quit. Maintenance is possible only on leaving shared household. The remedy lies somewhere between the two extremes as demonstrated by the Indian D.V. Act. Restraining orders are rare and have no sting due to want of penalties. The recurring incidence of intimate partner violence necessitates continued surveillance of a unique legal mechanism. 11
    12. 12.  Cruelty as prototype of Domestic Violence. Cruelty is not defined and the court can be flexible. Matrimonial cruelty is a ground for both spouses. The conduct of one spouse making the other impossible to continue living together without acute distress. *The conduct to be relating to matrimonial duties and responsibilities. The suffering can be either physical or mental. Cruelty, though a ground, has been differently identified by different personal laws. Other grounds in Hindu Marriage Act, 1955: Adultery, Desertion, Impotency, Chronic Diseases. 12
    13. 13.  The list of laws created for various religions are: For Hindu (Sikhs, Jains and Buddists) – Hindu Marriage Act, 1955 Muslims – Dissolution of Muslim Marriages Act, 1939 Christians – Indian Divorce Act, 1869 Parsis – The Parsi Marriage and Divorce Act, 1936 Inter-caste or Inter-Religious or Non-religious – Special Marriage Act, 1954. The deficiency of the prevailing civil law has led to the D.V. Act of 2005. 13
    14. 14. THANK YOU ! 14

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