The document discusses the Protection of Women Against Domestic Violence Act (PWDVA) passed in 2005 in India. It aims to provide comprehensive protection to women against domestic violence and broadens the definition of domestic relationships and violence. The act recognizes a woman's right to a life free of violence and makes the state responsible for protecting women from domestic abuse. However, challenges remain in fully implementing the law due to patriarchal social norms and an environment not fully conducive to the law's protections.

1. Protection of Women AgainstProtection of Women Against
Domestic Violence Act, 2005Domestic Violence Act, 2005
OPTOM FASLU MUHAMMED

2. PWDVA Passed in 2005 andPWDVA Passed in 2005 and
implemented Since October 2006implemented Since October 2006 ..
► The Act is the outcome of years ofThe Act is the outcome of years of
struggle by the women’s movement instruggle by the women’s movement in
India to get an Act that providesIndia to get an Act that provides
comprehensive protection to womencomprehensive protection to women
against Domestic Violenceagainst Domestic Violence
► The Act broadens the definition ofThe Act broadens the definition of
domestic violencedomestic violence ..
► The Act broadens the definition ofThe Act broadens the definition of
domestic relationships to include mothers,domestic relationships to include mothers,
wives, sister in-laws , daughters,wives, sister in-laws , daughters,
daughter in-laws and women in marriagedaughter in-laws and women in marriage
like relationships not recognized by lawlike relationships not recognized by law

3. A Rights Based LawA Rights Based Law
►Protection of Women's from DomesticProtection of Women's from Domestic
Violence Act recognizes a life free ofViolence Act recognizes a life free of
violence and fear, as a woman's rightviolence and fear, as a woman's right
and makes the state responsible forand makes the state responsible for
extending protection against domesticextending protection against domestic
violence to women.violence to women.

6. Protection Against Inequality BasedProtection Against Inequality Based
In Patriarchal NormsIn Patriarchal Norms
►In a society where women are often deniedIn a society where women are often denied
their rights and dominant structure of familytheir rights and dominant structure of family
state and civil society are still patriarchal,state and civil society are still patriarchal,
Protection of Women's from DomesticProtection of Women's from Domestic
Violence Act seeks to protect women fromViolence Act seeks to protect women from
all forms of domestic violence and checkall forms of domestic violence and check
harassment and exploitation by familyharassment and exploitation by family
members or relatives.members or relatives.

7. ►The Protection of Women's from DomesticThe Protection of Women's from Domestic
Violence Act PWDVA is a powerful tool inViolence Act PWDVA is a powerful tool in
the hands of women as it affords themthe hands of women as it affords them
protection and the right to continue to live inprotection and the right to continue to live in
the shared household.the shared household.
►The first and immediate consequence, if aThe first and immediate consequence, if a
woman files a complaints against Domesticwoman files a complaints against Domestic
Violence is dispossession- throwing theViolence is dispossession- throwing the
woman out of the house and taking custodywoman out of the house and taking custody
of children. Protection of Women's fromof children. Protection of Women's from
Domestic Violence Act PWDVA protects aDomestic Violence Act PWDVA protects a

8. The Impact Of ThisThe Impact Of This
Rights Based Law OnRights Based Law On
Male Behavior andMale Behavior and
MasculinitiesMasculinities

9. Protection of Women against DomesticProtection of Women against Domestic
Violence Act (PWDVA) 2005:Violence Act (PWDVA) 2005:
highlightshighlights
►Rights-based (civil) lawRights-based (civil) law
►Advocates the right to live with dignityAdvocates the right to live with dignity
►First law in India to define DV in aFirst law in India to define DV in a
comprehensive waycomprehensive way
►Legal right to live a life free of violenceLegal right to live a life free of violence
►Government accountable to stop DVGovernment accountable to stop DV
►Emergency orders to stop DV (right toEmergency orders to stop DV (right to
residence, protection orders)residence, protection orders)

26. ►498A makes the harassment of a498A makes the harassment of a
woman in her marital home a non-woman in her marital home a non-
bailable, noncompoundable,bailable, noncompoundable,
cognizable offence.cognizable offence.
►The demand is legal interventionThe demand is legal intervention
to make the, section non-to make the, section non-
cognizable, bailable andcognizable, bailable and
compoundable.compoundable.

27. ►Protests against PWDVA instead of beingProtests against PWDVA instead of being
based on facts or logical analysis are rootedbased on facts or logical analysis are rooted
in a fear and threat psychosis that usesin a fear and threat psychosis that uses
violent, abusive language and predictions ofviolent, abusive language and predictions of
social chaos and doom as outcomes, ifsocial chaos and doom as outcomes, if
PWDVA and such laws are implemented.PWDVA and such laws are implemented.

29. Lack of an appropriate environmentLack of an appropriate environment
conducive for implementationconducive for implementation
►An Act such as the PWDVA questions theAn Act such as the PWDVA questions the
basic structures of society and hasbasic structures of society and has
extended in a top down process the rightsextended in a top down process the rights
denied to women by that society anddenied to women by that society and
institutions set up by the state.institutions set up by the state.
►The PWDVA by empowering women hasThe PWDVA by empowering women has
actually made men feel powerlessactually made men feel powerless
(notionally)(notionally)
►Working against violence hits at the roots ofWorking against violence hits at the roots of
patriarchal ideology. It means men wouldpatriarchal ideology. It means men would
have to take responsibility for their actionshave to take responsibility for their actions

30. Immediate Measures to enableImmediate Measures to enable
implementationimplementation
► appropriate trainingsappropriate trainings to protection officers,to protection officers,
judges, service providers, police and lawyers.judges, service providers, police and lawyers.
► Registration of service providers and notification ofRegistration of service providers and notification of
medical facilities and shelter homesmedical facilities and shelter homes
► Appointment ofAppointment of full time protection officersfull time protection officers
and provision of proper infrastructure and otherand provision of proper infrastructure and other
facilitiesfacilities
► allocation of adequate budgetallocation of adequate budget for thefor the
effective implementation of the law.effective implementation of the law.
► mass awareness campaignsmass awareness campaigns carried out bycarried out by
the government through print and electronicthe government through print and electronic
media.media.

31. Impacting policy environment in theImpacting policy environment in the
long termlong term
For the policy to be implemented in spirit it isFor the policy to be implemented in spirit it is
first and foremost important that the statefirst and foremost important that the state
places into place the enabling environmentplaces into place the enabling environment
that would make violence free life a realitythat would make violence free life a reality
for women.for women.
►Based on an analysis of the socialBased on an analysis of the social
institutions and trends of socio-economicinstitutions and trends of socio-economic
development formulate a long term strategydevelopment formulate a long term strategy
to counter the patriarchy in all its forms andto counter the patriarchy in all its forms and
at all levels.at all levels.

32. And finally, the state will have to be resilientAnd finally, the state will have to be resilient
to the totally unreasonable logic and theto the totally unreasonable logic and the
mythical research put forth by groupsmythical research put forth by groups
demanding review of the Act .demanding review of the Act .
►However in a populist democracy such asHowever in a populist democracy such as
ours this can come only from a strongours this can come only from a strong
women's movement that is grass roots up.women's movement that is grass roots up.
Exactly the kind that succeeded in puttingExactly the kind that succeeded in putting
the Act into place in the first place.the Act into place in the first place.

34. UN Secretary-General, Ban Ki-MoonUN Secretary-General, Ban Ki-Moon
8 March 20078 March 2007
►““Violence against women and girlsViolence against women and girls
continues unabated in every continent,continues unabated in every continent,
country and culture. It takes a devastatingcountry and culture. It takes a devastating
toll on women’s lives, on their families, andtoll on women’s lives, on their families, and
on society as a whole. Most societieson society as a whole. Most societies
prohibit such violence — yet the reality isprohibit such violence — yet the reality is
that too often, it is covered up or tacitlythat too often, it is covered up or tacitly
condoned”.condoned”.

35. Situation of violence against women inSituation of violence against women in
IndiaIndia
► Gender discrimination, includingGender discrimination, including physicalphysical,, sexualsexual,,
emotionalemotional andand economiceconomic violence,violence, son preferenceson preference,,
unequal resource distributionunequal resource distribution andand unequalunequal
decision-making powerdecision-making power (in both private and public(in both private and public
spaces)spaces)
► Caste discriminationCaste discrimination, especially (but not restricted, especially (but not restricted
to) women from specific castesto) women from specific castes
► Communal violenceCommunal violence against womenagainst women
► Neo-economic policiesNeo-economic policies impacting women’s lives inimpacting women’s lives in
diverse ways (specific kinds of jobs for women,diverse ways (specific kinds of jobs for women,
market impacting men leading to increasingmarket impacting men leading to increasing
violence against women)violence against women)

36. Laws under the Indian Penal Code (IPC)Laws under the Indian Penal Code (IPC)
► Dowry Prohibition ActDowry Prohibition Act: any property or valuable: any property or valuable
(direct or indirect) given before, at or after the(direct or indirect) given before, at or after the
marriagemarriage
► SectionSection 304B304B: Death of a woman within 7 years: Death of a woman within 7 years
of her marriageof her marriage
► SectionSection 498A498A: When husband or his family: When husband or his family
subjects woman to cruelty (“intentional”subjects woman to cruelty (“intentional”
behaviour that causes serious injury orbehaviour that causes serious injury or
harassment for dowry)harassment for dowry)
► SectionSection 376:376: Rape lawRape law
► SectionSection 294294: Obscene acts and songs: Obscene acts and songs
► SectionSection 354354: Intent to outrage a woman’s: Intent to outrage a woman’s
modestymodesty

37. Women’s Movement in IndiaWomen’s Movement in India
► Growth in autonomous women’s organisationsGrowth in autonomous women’s organisations
over the past three decadesover the past three decades
► Increased awareness of women’s rightsIncreased awareness of women’s rights
► Demand for special cells of women policeDemand for special cells of women police
officers for investigationofficers for investigation
► Change in women’s status: stronger “political”Change in women’s status: stronger “political”
voice; visibility in the economy (including in non-voice; visibility in the economy (including in non-
traditional professions); more number of girls intraditional professions); more number of girls in
educationeducation
► Campaigns about violence against women (fromCampaigns about violence against women (from
the individual to the community level)the individual to the community level)
► JAGORI as an exampleJAGORI as an example

38. State initiatives in IndiaState initiatives in India
►Police initiatives to introduce a morePolice initiatives to introduce a more
rights-based approach to women’s issuesrights-based approach to women’s issues
(gender training of their personnel and the(gender training of their personnel and the
ParivartanParivartan programme of the Delhi Police)programme of the Delhi Police)
►Government schemes for the girl childGovernment schemes for the girl child
►Institutionalising safety of women andInstitutionalising safety of women and
girls: the Delhi government initiativesgirls: the Delhi government initiatives
►Changing policy into law – initial stages:Changing policy into law – initial stages:
sexual harassment at the workplacesexual harassment at the workplace
guidelines and child sexual abuse draft billguidelines and child sexual abuse draft bill

39. ChallengesChallenges
►Cultural mindset about womenCultural mindset about women
►““Superiority” of men versus “inferiority” ofSuperiority” of men versus “inferiority” of
women (both within private spaces like thewomen (both within private spaces like the
family, and public spaces like thefamily, and public spaces like the
workplace)workplace)
►““Public” domestic violence (“honour” killings,Public” domestic violence (“honour” killings,
community courts)community courts)
►Myth of male marginalisation used toMyth of male marginalisation used to
support withdrawal of progressive legislationsupport withdrawal of progressive legislation
(like reservations)(like reservations)

40. Way aheadWay ahead
►Increase in women’s participation at allIncrease in women’s participation at all
levels: social, economic and politicallevels: social, economic and political
►Awareness of women’s rights – by theAwareness of women’s rights – by the
State, civil society organisations, as well asState, civil society organisations, as well as
the public at largethe public at large
►Gender budgeting and genderGender budgeting and gender
mainstreaming within State agencies andmainstreaming within State agencies and
civil society organisationscivil society organisations