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Ensuring security for women

Effective campaign is needed to spread awareness about the new law, writes Biju Govind.

With the enforcement of the Protection of Women from Domestic Violence Act from October 26, the Government as well as Non-Government Organisations (NGOs) have now a greater role to play in educating the masses about this progressive law.

Awareness should be created among women about the provisions of the Act, which was passed by Parliament in August 2005 and given assent by the President on September 2005.

Although the Act is a potent weapon against offenders within the family, one of the apprehensions about the new law is that many cases would go unreported on account of social pressure.

Statistics of the National Crime Records Bureau of 2005 show that a campaign needs to be undertaken to make the enforcement of the law effective.

One crime is committed against women every three minutes, one case of cruelty by husband and his relatives every nine minutes and one dowry death case every 77 minutes in India.

The fear of reprisal and ostracism by family has forced many women to remain silent against their husband and in-laws. But now the new legislation gives wide-ranging powers not only to the wife but also to the female live-in partner, sisters, widows and mothers.

Women having shared households and are related by consanguinity, marriage and relationships in the nature of adoption would also get protection under the Act.

Redress for abuse

The Act also empowers women to seek redress for abuse and threat of abuse including physical, sexual, verbal, emotional and economic.

Sexual violence such as forcing the woman to have sex and forcing her to view obscene pictures come under the ambit of the new law. Emotional violence includes using abusive language, calling names and innuendos of verbal insults by husband and his relatives.

There is also another provision against the issue of not allowing a woman from taking up employment or compelling her to quit job. If found guilty the abuser can be sentenced to a year of imprisonment and fined an amount of Rs.20,000, the Act says.

Another aspect that needs to be looked into is the setting up of shelters for the victims and appointment of protection officers to make the Act more effective in all States.

Law enforcers should also see that the Act is not misused to take revenge. Some of the provisions are prone to be misused like Section 498 A (husband or relative of a woman subjecting her to cruelty) of the Indian Penal Code.

One of the disadvantages of new law is that it is likely to result in more broken marriages and destroying relationships within families. Nevertheless, it is for the first time that a law has been enacted mainly to protect a woman from all sorts of domestic violence.

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