Protection of Women from Domestic Violence Act: Blemished by the heard?

Author -Dibya Prakash Lahiri



The Protection of Women from Domestic Violence Act, 2005 came in as a revolutionary move to bring about a change in the life of the Women who have been victimized and have laid down the guidelines along with the rules and regulations to prevent the further damage and solve the issue of an ancient anti social element which prevents the society from being the ideals. However, the Act in itself is not sufficient as to how it can help in creating a better situation for the plight of women. The paper looks into the various flaws which the act consists of as well as the ways with which the correction that can be made which shall help in improving the situation of women in the country and help them in finding justice. The paper also seeks to compare the act in accordance with the laws of the other nations and how the rate of crime against women has been reduced or can be reduced. Thus, the likewise the paper will also reveal how the topic is relevant to the act. The paper shall also look into the various ways with which the revolution has been brought in the country and how further improvement can be made.

1.0          Introduction:

The issue of domestic violence or anti-social hyper ventilated vigilantism is the issue which has been an archaic issue with the models of creating a situation of inequality and indignity  to the life and character of a woman with a sense of entitlement of the man to not take care with the utmost respect overall creating  a paradox to what an ideal Indian society was looked upon. The Patriarchal assertion over the various aspects in life of a woman therein failing to see the utmost importance of the existence of woman not just for the lust or for the successions but rather intending to create a stable humanity and a sustainable living for all. A perpetual continuation of a historical failure with no room for an improvement led the country to be of one of the highest ranked in terms domestic violence (on record). The violence is not confined just to the spouse of a man but it Is invariably referred to any woman who isn’t married or is sanguinely related in terms of sister or mother or daughter in a family. Often one tends to forget the importance of respect and dignity of a woman which gives an unconcealable pain which shall move for generation to generation. The efforts over the years were tried and applied over and over again so as to bring about a revolutionary change to prevent the increase in the harm being done to women. However, in the words of Eisenhower , “the desire to adhere and the interest to succeed if not produced with the expected result shall lead to nothing but a failure on the part of the Sovereign made.”[2]The expected outcomes never came but the efforts always came through to make a way to change in oneself. The Protection of Women from Domestic Violence Act, 2005 meant to bring about a change in the society and give an upper hand and support to the women and to reduce the torture and also imbibe the belief of improving ones self and the confidence. However, with the coming in of the law came in the loopholes that generated a pattern wherein oneself could not attain what It expected to be in existence.

1.1         History

The concept of Domestic Violence in itself has been considered to be of a sin historically wherein the woman in the pre-vedic times have been treated with utmost respect and with a belief of creating the holy mother faith and even with the respect not only in terms of family but also in association with the society as well. The domestic violence in the Vedic or pre-Vedic times were not considered to be of such an instance because there existed none of such hindrances or even such a low category of offence to even think of. The Puranas along with the various lines considered women to be the essential power or “Sakti” with which the great demon “Mahisasur” was destroyed and the society was relieved from such consequences.[3]    However, the problem remained with the belief and confinement of Hindu Laws just to the three sacred text books that are the Vedas, Upanishads and Smritis which ignored the role of the woman in the day to day life  in an ordinary course of time. The sacred text book along the lines worked upon the rigidity as to how women should concile themselves to a docile position and not empower them or make men understand the importance of teaching and respecting women. Manusmriti, in itself has become a centre of attraction wherein he is considered to be utmost importance, but the laws laid were not emphasized on the grounds of empowering but rather promulgated in a way to increase the patriarchal rigidity in the society. The Rig-Veda suggest and indicated a more authoritative text that contains the seeds and sources from which whole Hindu thought the ages has been derived and flew in so many streams. In ancient India women were respected like for example in Upadhyayas.[4] The women in the Vedic period and in Upanishad age enjoyed equal status and also equal opportunities with man in all vistas of society. They were eligible for initiation and Brahmacharya or study of the Brahma knowledge. After that period the women‟s education was neglected badly and it lead to illiteracy of women and superstitions. It was also noticed that the discontinuation in Upanayana and its equation with the marriages, rituals related to marriage had the most disturbing effect upon the social and family status or position of women. The Non-Aryans also denied the privilege of Upanayana and when it was fully withdrawn from women their status, position and condition was automatically reduced to that of the Sudras.The general position of women or wife was of high dignity and a special place was given to them with all kinds of respect and they enjoyed a peaceful life with all kind of happiness and prosperity in the family along with all the other family members. The status of woman in family being the same as that of man many women proved themselves as famous scholars and authors and also took an effective part in industrial life, no purdah system existed. In the epics and also in the Puranas though no woman figured as ruling queen but the women were like Kaikeyi, Kunti etc. who were having high positions and exercised considerable influences in the family. In that age there was also many instances of marriage of Aryans with Non-Aryans. Instead of due respect was given to women in some of the ages violence was always there. In Indian society the ideal picture is such that the woman should sacrifice each and everything for their husbands and should devote full their life in severing them. In history another thing which was there to lower the status of women was Polygamy or in other words one of the discordant factors in the married life of women was existence of Polygamy which has been prevailing since long. In ancient times in married life wife was not only regarded as her husband‟slife long companion in weal and woe but also mistress of his household and a real partner in all his activities, including religious sacrifices. In traditional times it was thought that women have evil inclinations and because of these evil inclinations and birth, they should be kept under the control of men at all stages of their lives. The ideal women are those who do not strive to break these bonds of control. However, the salvation and happiness of women revolve around their virtue and chastity as daughters, wives and widows. These are some of the themes which were regulated merely to laws in ancient Sanskrit texts.Family violence or domestic violence is not a new concept or phenomenon which is emerging with more modernization, westernization and globalization. It is something which is there in all the periods. For women family is very important in her life or in other words marriage is the gate to family. Marriage is more essential for a woman than a man because if a man is unmarried then no stigmas are attached to it but when a women is not married then lots of stigmas are attached to her not being married. The socialization of Indian females are such that girls internalizes the concept of dependency and that itself gives rise to violence in the family ,therefore the husband feels that wives are subordinates and they starts dominating them. Such type of socialization is directly responsible of this miserable condition of women. It is always said to a girl that she should have control on her emotions, she should be calm, quite, and patient so on that is again a major cause of domestic violence. A woman in her whole life never becomes a permanent member both whether it‟s her natal home or her husband’s‟ home. It will be always said to the woman before marriage that you are a “ParayaDhan” which means property of someone else and after marriage is always remains a stranger because she is an outsider.

 Similar to the situation in India, the western culture also imbibed the belief of not respecting women with the laws that have been laid down which are nowhere near being deterrent or even intending to make an analysis possible for the future generations or to even lay down a simple rule for the benefit of the people. The rules of marriage which were laid down in the Mid-15th century AD Europe created an environment with which the husband directly did not hurt the soul of the wife but rather the physical stature of the woman because the Noble of the Church intended that the hurting or causing of pain of soul is a blasphemy than hurting the physical condition. The Rules of Marriage stated that the husband so as to teach his wife a lesson should not directly hurt the soul, but first explain her, scold her, threaten her and if does not listen, take a stick and beat her up.[5] The incident of domestic violence isn’t an issue which is based on religious grounds but rather the culture which imbibes the sole concept of patriarchal attitude and all of the culture have failed to secure the respect or culture of women.

With the coming of the British colonial rule, there came a necessity to control the outrageous complaints and ill treatment of women along with the fact that the women had nowhere to go or give a voice to themselves. Here, the problem that was consistent that the women out of illiteracy, fear of shame in the society, which in a way led to the downfall not only in direct sense but also made them submissive in near future. The British lawmakers in a way created an environment had concluded to come to a legacy and atleast improve the worsen condition which were never taken into cognisance in the past. However, no such concrete effort was being made on behalf of the Government but rather to prevent any sort of dire consequences, the Indian Penal Code included gender specific issues and problems that lied within the various ambits in general and not gender specific.Along those lines, the Special Emphasis was made on Child Marriage Restraint Act in 1929, which was mainly to prevent the child marriage, however no conclusive effort came through during that period. The Indian Government emphasised a lot on the various ways with which the help can be sought to control the atrocities, however the failure resulted due to the lack of feeling of belongingness and more of a colonial aspect, domestic violence in India never came on to the same pedestal as to that of United Kingdom which considered the concept of domestic violence well differentiated from mere assaults and other atrocities such as molestation and rapes on women. [6]Post independence Indian Government resolved to focus more on establishing the economy to provide stability to the nation along with the laws related to reduce the problem of unionism as well as the other related issues. Subsequently, due to the ignorance on the part of the women who were victimised, there was a rapid increase in the cases of domestic violence in the country which were not even given proper recognition  in the national crime records bureau but rather was included in the miscellaneous part of the records until 1993. [7] The importance of eradication of domestic violence was a necessity as the statistics shone on a higher scale and the highest record was coming from the States such as Andhra Pradesh, Kerala along with Maharashtra and importantly the reports submitted by various committees led to the evolution and thus created an environment for an increase in hate against the cruelty from all around the world. Subsequently, the Government of India in 2002 based on the Standing committee report with the drafting made by the Ministry of Women and child development, the Protection from Domestic Violence Bill was introduced into the parliament, however the questions that arose were to be of utmost importance.[8] The bill was inspired on three important conventions such as the Convention on the elimination of Discrimination Against Women,1979 along with  the Vienna Accord,1994 as well as Beijing Platform of Action, 1995. [9]  The bill was however was put to stay as certain clauses and aspects were not satisfying that resulted in a the contradiction of the basic essence. Finally, the act came into the existence in the year 2005 and was passed in both the houses.

1.2Features of the Act:

The Protection of Women from Domestic Violence Act, with its enactment distinctly defined the concept of Domestic violence on various grounds that have been in accordance to the definition of Vienna Accord 1994 which defined it on the grounds of physical, mental, social, psychological as well as economical.[10] The act, liked looked at with the supporter of the act stated “ It is a very comprehensive and promising legislation that combines civil remedies with criminal procedures to ensure effective protection and immediate relief to victims of violence of any kind occurring within the family, The definition of ‘domestic violence' is in consonance with the UN Model Legislation on Domestic Violence.  The aggrieved can seek protection against any physical, sexual, verbal and emotional abuse or economic abuses.  This law for the first time recognizes a women's right to a violence free home.  Under the Act, the right to reside in the matrimonial home/shared household was seen as a major breakthrough in women's rights in India.  She cannot be evicted from the shared household and if evicted can seek immediate relief, seek a protection order, monetary compensation, residency order, custody order, free legal services, medical aid and counselling with the help of the Protection Officer or Service Provider.  The Act envisages appointment of domestic violence Protection Officers by the State Governments in every district and encourages the participation of voluntary associations as Service Providers.  The Ministry of Women and Child Development, the National Commission for Women and the non-governmental organisations have also taken initiatives to propagate the remedies available in this Act to the affected women by organizing awareness campaigns/seminars/ workshops and sensitizing the enforcement agencies.[11]The Act imbibes the following quality in it:

ð  The Act provides for the woman’s right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household. This right is secured by a residence order, which is passed by a court. These residence orders cannot be passed against anyone who is a woman.

ð  The draft Act provides for appointment of Protection Officers and NGOs to provide assistance to the woman w.r.t medical examination, legal aid, safe shelter, etc.

ð  The Act provides for breach of protection order or interim protection order by the respondent as a cognizable and non-bailable offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both. Similarly, non-compliance or discharge of duties by the Protection Officer is also sought to be made an offence under the Act with similar punishment.

ð  The act with its proper definition imbibes the importance of the various ways with which the Domestic Violence can be classified and how important it is to understand the importance of the misuse of the concept of Domestic Violence if not handled carefully and understanding it. [12]

ð  This law recognizes that women's rights are not violated in their capacity as wives and only due to dowry related cruelty, but also as sisters, daughters, and also live-in partners. This makes a major break-through in recognizing the reality of violence which occurs in life of women and seeks to provide remedies. Previously it used to refer the stories around the married women.

ð  That law termed as a civil law which provides compensation and remedies to the victim. PWDVA 2005 is directed towards providing compensation and support to women victim and not just to penalize the perpetrator. This is the law which is victim driven and it does not required the state to initiate e.g. 498 A, where the state is a party to and victim has to depend on the police and prosecution for enforcement. It can be put in to motion by the aggrieved by direct access to court claiming relief Another aspect for conceptualizing it as a civil law because it restores the agency that rightly belongs to her, redefines the injury so as to perceive her to be injured.

ð  The important advance is made by the Act in its understanding the term domestic violence which has been given the most liberal and wide perspective, enough to encompass every possibility in case of woman in Indian context. It covers all forms of physical, sexual, verbal, emotional, and economical abuse that can harm, cause injury to, and endanger the health, safety life, or well-being either mental or physical of the aggrieved person. The law while defining domestic violence cured all irregularities in previous laws and kept in view the current relationship culture in Indian scenario. Act provides criterion for the help of judiciary to finalize the act of violence within the ambit of the definition. It also explained with the examples, what constitute physical abuse, sexual abuse, verbal and emotional abuse and economic abuse and for the purpose of determining whether any act, omission, or conduct of the respondent constitute "domestic violence" under this section the discretion of the judges with all the overall facts and circumstances to be taken in to consideration is final. For the first time in our country such a very expanding meaning is considered by the legislature and even emotional and verbal and economical abuse is brought within the purview of definition.

ð  For effective implementation of the Act precaution is taken to establish the authorities in the name of Protection officer, police officers and also for active participation of the public spirited persons and associations like NGOs and Service Providers, Shelter homes is taken. The NGOs who are working for women's rights can get themselves registered with the state government as 'Service Providers.' They are the organizations registered under the Companies Act. They are assigned the duties to record domestic incident report, forward it to magistrate, get the aggrieved person medically examined and ensure that the aggrieved person is provided. [13] Ibid Sec 2(s) 185 shelter in the shelter home if required. The Protection Officer^ is the immediate responsible authority created under the Act. They are public servants accountable to women victims of violence. They are expected to support the victim in all respect, through filing cases, assisting the court, making available every support system work for women in need.

The act in itself is not a conclusive but rather a combination of conclusive as well comprehensive as mentioned in the preamble of the act. Though considered to be under a requirement of changes, the within itself has successfully been able to bring about a change in the attributes of the concept of domestic violence.

1.3  Loopholes of the Act:

The act created a significant change and brought about a revolution in terms of  recognizing the violence against the women in the country at domestic household level wherein the recognition of women and to treat them with respect was considered to be of utmost importance, the act in itself has failed at certain places that might act upon and hinder the basic purpose of the act with which it rose to fame. The act has the following limitations:

ð  The act still remains ignorant to a lot of women in the country as there have no been proper utilization of resources to propagate the act and a necessity as the act has not successfully been able to create the idea and the usage of the act and help them to get relief and compensation.

ð  The act is based on the recommendations of the committees that have worked specifically on the grounds of the literacy of the women both in urban and rural areas but not on the social factors that hinder and work upon the relations related to them.

ð  The act has been created with references to the Vienna Accord and Shanghai platform which have stipulated the grounds and actions to be taken on the reasoning and factors that are based in the developed countries and rather making it generalized it and not specified that provides no grounds to help the women who are to be approached on other factors subsequently creating a nuance and no scope for essentially helping the ones deprived.

ð  The act doesn’t provide the relief in terms of validity of the marriage whether the domestic violence should further allow the continuity of the marriage but rather focus on the compensation that the relief can be provided.

ð  Since independence and after coming into force of the Indian Constitution various legislations for the women well-being and empowerment are passed with gender sensitive attitude. If the number of legislations passed in the country is viewed seriously there is strong a hope for the dignified position of women, but the experience until today is not encouraging due to the weak implementation and lack of strong political will. This has not proved successful. The Dowry Prohibition Law of 1961 as an instance shows the mockery of the Indian system, where day by day the situation is worsen and the statistical data of NCRB reveals the factual position of the reported cases, that instead of the stringent amendments the law proved un190 successful. Number of statutes came but could not realize its laudable objects. They could not survive except few because of the challenges they have faced. The similar kinds of challenges are likely to come across in implementation of PWDVA 2005. Perhaps then it would not to not possible to fulfil the Constitutional mandate of dignity to women. Therefore this is the most important question to be answered why we have failed in respect of other statutes in the past. Those points of failure can be taken into account while implementing the statutes.

ð  The authority established for effective implementation of the Act is a Protection Officer, who is identified by the State Government who is assigned the major role for assisting court, initiating action on behalf of the aggrieved and also to look after the services required for the victim like shelters, hospitals, counselling, legal aid and such other services in question. The appointments made under the Act are in practice not full-fledged, full-time working as Protection Officers but it is given as additional charge to those who are already in Government services. This additional burden of heavy duty is definitely to meet the desired ends of insensitive attitude towards the victim. The officers are not having update knowledge of the functions and powers as well they are not actually concerned with gender sensitized approach for the victim. Protection officers, as per the Act, are a group of officers whose duty is to assist the aggrieved party with the processing and completion of the domestic violence suit. The institution of protection officers is a useful one, emphasizing the need for societal intervention in order to prevent domestic 195 violence, by directly addressing from an external standpoint the relationship of power and control in an abusive relationship. The problem however lies with the resources available in the name of such officers. The judiciary in the state of Maharashtra have however shown very activist attitude in respect of appointment of the protection officers and also given guidelines observing that effective implementation of PWDVA would reduce the number of cases of cruelty and atrocities against women, the court also said government of Maharashtra shall establish at the district level within the jurisdiction of each police headquarter a Special cell for women within prescribed time, as well The Home Department and Superintendent or Commissioner of Police and Government of Maharashtra for its smooth functioning provide necessary infrastructure. Subsequent to that in PILfiled the petitioner raised issues pertaining to implementation of PWDVA, 2005, including the appointment of full-time protection officers providing them with adequate infrastructure and assistance etc[14]. Government of Maharashtra provided positively reacted and drafted a proposal for one post of Protection officers in each district and a data entry operator in each district. In Maharashtra the judiciary actively appointed High Power Committee headed by Chief Secretary of State and other Secretaries under the chairmanship of Secretary Woman and Child Development constituted 'selection committee'. This shows even after five years of passing of the Act there is very weak infrastructure where the judiciary had to ponder upon. [15]

ð  The act does not specify as to how the judgement or order which has been passed, who shall execute the order as it does not provide any provision subsequently has created a confusion. [16]

ð  The Act is deemed to be civil in nature however, grants punishment in case the domestic violence occurs and the convicts term is used which creates a dispute as to whether the case should be dealt in a civil court or should be dealt in a sessions court. [17]

ð  Where such complaint is made by a woman it is practically impossible for the court giving the protection to the victim woman or giving order to the Protection Officer to go and stay in their matrimonial home and sit to guard her all the time. A person who is not inclined to live with the woman is being forced to live with her  without a single word of exchange. Such unreasonable expectations should be seriously viewed.

ð  The Act sought to provide many a reliefs but not intending to provide a practical and a viable solution which can help the women in pragmatic world can bring about a change.

ð  The definition of abuse is too broad and open to manipulation. Section 3(b) also specifies that any type of harassment, harm or injury with aim to coerce unlawful dowry from either the victim or any other person is also considered domestic violence. The manipulation is possible because of what constitutes abuse. In addition to physical and sexual violence, such as beating, slapping, punching and forced sex, it includes verbal and emotional abuse, such as insults or namecalling. Preventing wives from taking up a job or forcing them to leave are also covered. Here the women who want to take revenge of the male member of the family can possibly misuse the provisions. This Act can be used to register false cases and settle scores with the opponents. The real beneficiary of the PWDVA, as is intended, would not be the real sufferer women, but the women from upper middle class or affluent class which have developed the sensitivity towards the violence. .Its the growing tendencies among the women in urban areas to take recourse of legal provisions and harass the in-laws, in a case, applicants were living separately from their son and daughter-in The aggrieved person and her husband had agreed to shift to a different house under a compromise arrived at the police station but refused to do so by asserting that she had a right to stay in the matrimonial home, and the other house was not habitable. The respondents in response filed civil suit to restrain the woman and her husband form forcibly entering and disturbing their peaceful possession.[18]

The question asked remains to be of the necessity whether the laws of the land that have been made are actually of any use or not. The question remains whether the law can actually help in reducing the level of crime rates in relation to domestic violence or not. Statistically speaking, Domestic Violence in the country over the period of time has had its fair share of rise with the coming in of the Liberalisation, Globalisation and Privatisation.[19] However, there is not direct linkage between the two objects but rather the coming in of the policy, the more no. of people were made aware about the various laws and the labour laws came into more stringency which led to the increase of complaints in terms of violence against women. The National Crime Records Bureau has not segregated as to how the classification  has been made that has been as a result makes it a difficult interpretation before the enactment of the Protection of Women Against Domestic Violence Act, 2005.

1.4          Laws against Domestic Violence in other countries

1.4.1     China

The Chinese regime under the era of the Mao Zedong did not progress with economy and the social order was never made to appear in public rather the records as well as the other functions remained then same and unknown till the 1980s when the Convention led to the establishment of the public declaration of the total amount of cases that are related to Domestic Violence. However, with the statistics and being the most populous country in the world, China recorded for a no. in Violence against women turned out to be 1 in 40 families.[20] However, with the passage of time, the increase in complaints of Domestic Violence rose along with the loop holes that were availed to the men due to the ignorance amongst the women. The various laws wherein Article 2 of  General Principles of the civil law of the Peoples Republic of China had inculcated the concept of prohibiting the Violence against women on all stages commencing from domestic level to National Forums. However, the law introduced or what it propagated was more generalised and not specialised or specific towards one particular reasoning that sought to create a situation that would prevent the commission of the crime. In 2001, the Chinese Government brought about amendments in the Marriage Law which were to recognise and provide compensation to the Women who have been victims of Domestic Violence with compensation and also provided the protection from the Executive powers to prevent further damage that can take place as a consequence.[21] The amendment brought in can be considered to be of utmost importance as it was a revolutionary move that was initiated and which further helped the progress in the actions of violence against women. In 2015, the Chinese Parliament passed the Domestic Violence Act which was clearly meant for providing the rights and other specified definitions that will take place into action and that will be used to provide help to the victims. The Act provided for transfer of custody in case of Child Abuse.[22] The passage of the act resulted in the fall of the Domestic Violence cases in the country with  a steady decline subsequently.

1.4.2     United States of America:

The United States was the  first country which had outlined the situation of domestic violence against women and this had been established in the past which resulted the country to bear with the highest no. of Domestic Violence Cases.[23] The Government realised with the improved condition and development and to retain its hegemony in the world not only politically but economically as well as socially. The United States Government, in 1994 decided to implement the Violence Against Women Act wherein, it is infiltrated the fact that the Domestic Violence is a national crime and is a punishable offence which specifically stated that if not taken care of can lead to a higher punishable offence. The act consists of following features :

1.     Full funding of rape kits and legal/court fees for domestic violence protection orders.

2.     Victim protection orders are recognized and enforced in all state, tribal, and territorial jurisdictions within the U.S.

3.     Implementation and funding of special domestic violence crime units in local communities.

4.     Special domestic violence and sexual violence training for law enforcement officers

5.     Ability of tribal courts to try non-Indian spouses or intimate partners of Indian women in domestic or dating violence cases.

6.     Provision allowing undocumented immigrants who are the victims of domestic violence to apply for a green card in exchange for helping law enforcement officials prosecute their abusers.[24]

After the implementation of the act, there is a substantial decline in the case of Violence against women, however the fact remains that the cases have been pending but with the coming in of the laws, there has been a steady decline in the complaint and cases of domestic violence in the country.[25]

1.5          Suggestions and Solutions:

The Protection of Women from Domestic Violence Act, 2005 brought about a revolutionary change that imbibed the situation or plight of married women in the country in relation to domestic violence. Subsequently, the act has been able to reduce the problem of domestic violence but the question still remains whether it has been able to be used by the ones in need, or being touched upon by the heard.

In certain ways, the amendment can be brought about and these steps can be taken up to improve the act:

1.     The awareness should be spread with not only campaigning and promoting the act but more of improving the conditions and plight of the women.

2.     The pragmatic approach of the act should be taken care of and recognised wherein the surrounding is more amiable.

3.     The constitutionality of the act need not be of utmost importance but rather the social approach to one’s life and how it can help needs to be brought into action.

4.     The ground reality of the act  should be looked at and the literacy and the knowledge of the act should be implemented or should be focussed at more than other criterion.

5.     The necessity or the plight of the women still exists after the conviction of the one who committed the crime, the Government should make provisions to ensure the protection of the victim.

6.     The Government in accordance to the customs and provisions to constitute the validity of the marriage after the act has taken place.

7.     The children, a lot of time due to the practice of Domestic Violence become influenced with the usage of harming their mental strength and the custody should be taken care of.

1.6          Conclusion:

The concept of Domestic Violence has been a social evil which has taken place in the society that hinders the control and quality of efficiency of the functioning of society. With the coming in of the act, the act intended to create a better environment and reduce the ongoing plight of the women. However, with the ignorance, the act has failed to reach and achieve its main goal and has successfully been able to deviate itself from the main goal. However, the act if amended and with coming in of effective revolution, the act can successfully achieve its goal and can become blemished not only by unheard but also by the heard.

View Expressed are writers' work The topic discussed here is a brief of the subject matter and should not be substituted as proper legal advice. If a matter comes up under this topic then it is strictly advisable to consult a professional for advice and for the procedure and practice to be followed.

[1]Second year Student at Vivekananda Institute of Professional Studies, Pitampura, New Delh.
[2]Henry Kissinger, Diplomacy Pg. 256 (Simon and Schudster, 2017).
[3]Puranas Page 134. Chapter 13 (Sudarshan Publication)
[4]UpadhyayasVerse 231 Chapter 24 (Gramin Publishing House, 2001)
[5]Christian Edwards Rules of Marriage Page 13 Chapter 2  (New House Publication)
[6]The British Parliament Legislation Act, 1921
[7]National Crime Records Bureau 1993 edition , Ministry of Home Affairs, India, 1993
[8]Protection from Domestic Violence Bill, 2002 Parliament of Republic of India Bill no.1
[9]Protection from Domestic violence bill, 2002, Preamble of the bill.
[10]Protection of Women from Domestic Violence 2005, Section 3 with sub clause (A), (b) and (c). Gazette of India
[11]Prof. Upendra Bakshi34th Constitutional Debate 2005.
[12]Section 3 of  Protection of Women from Domestic Violence Act, 2005 Universal Publishing House 2019.
[13]Sec 2(f) Protection of women from Domestic Violence Act, 2005 Universal Publication.
[14]PIL no. 2003, Bombay High Court
[15]Secretariat of India 2009.
[16]Section 27 Protection of Women from Domestic Violence Act, 2005  Page No, 25, Universal Publishing 2009
[17]Article 31 Protection of Women from Domestic Violence Act, 2005  Page No. 27, Universal Publishing 2009
[18]Neeta Mittal v/s Kanta Mittal Supreme Court AIR 1232 2008
[19]National Crime Records Bureau, report for the year 1993.
[20]UNHRC commission report on violence against women, 1989.
[21]Article 43 of  Marriage Amendment Law 2001, People’s Republic of China
[22]Article 21 of Domestic Violence Act 2015, People’s Republic of China
[23]UNHRC report of Violence Against Women Covention, 1985.
[24]United States Violence Against Women Act, 1994.
[25]UNHRC report on Violence Against Women, World report 2006.


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