The Hindu : Karnataka / Bangalore News : ‘Domestic violence against women a universal reality’

Online edition of India's National Newspaper
Monday, Sep 24, 2007
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Karnataka

Karnataka - Bangalore

‘Domestic violence against women a universal reality’

Staff Reporter

Combating it effectively is the biggest problem the world over

— Photo: Sampath Kumar G.P.

Unanimous appeal: Lawyers and guests from different countries at the Asia Women Lawyers’ Conference in Bangalore on Sunday.

BANGALORE: Domestic violence claims millions of women across the globe, be it India, Sri Lanka, Malaysia, Singapore or Nigeria, and the tragedy is that the victims rarely get succour and support to rehabilitate themselves, despite strong laws providing for it, speakers at a conference of All India Federation of Women Lawyers’ and the International Federation of Women Lawyers (Karnataka) said.

Singapore advocate Anamah Tan, noted that India, as in Singapore, had strong laws relating to domestic violence, but combating it effectively was something that all countries were grappling with. Quoting from the United Nations’ 2006 study “Ending violence against Women: From words to action”, Ms. Tan said domestic violence is the most common form of violence against women.

Starting point

Effective laws and their enforcement are the starting point to stop this rampant violation of a woman’s right to be free of all kinds of gender-based violence, be it rape or sexual harassment at the workplace. The problem has to be addressed with a combination of legal strategies, with public education and support services, she said.

In Singapore, a “one-stop” counter run by the Family Court of Singapore established in 1996, has played a significant role in assisting victims of domestic violence. It receives applications for protection orders, provides professional counselling, links applications to services such free legal advice and medical examinations, and makes referrals to crisis shelters and welfare agencies.

Charter

The amended Women’s charter in 1997 expanded the definition of family violence to include intimidation, continual harassment, or being restrained against one’s will, Ms. Tan said.

Amee Yagnik, an Ahmedabad-based advocate, said domestic violence erodes the social fabric regardless of its private origin behind closed doors. The pervasiveness and implicit acceptance of the violence, and the victims being identical across borders, make the phenomenon more complicated due to complex set of values, traditions customs, habits and beliefs.

Tool

The need of the hour is to use the human rights discourse as a powerful tool within international law to condemn the commissions and omissions of the State acts that infringe on the core notions of civility, Dr. Yagnik said.

Noting the failure of the international human rights community to take note of violence against women, she said the Convention on Elimination of Domestic Violence Against Women (CEDAW), as a multi-pronged approach, should include the active participation of lawmakers. It should be delinked from the political process. A social response to help victims come out in the open and seek redressal is also important, she said.

Unresolved

K. Kumudini Wickremasinghe, a Judge of the High Court Central Province, Kandy, in Sri Lanka, said in her country the law on domestic violence was implemented in 2005, but despite this, the situation of victims remains the same as elsewhere.

Former Judge V.S. Malimath, who headed the Commission on Criminal Reforms and a special invitee said, “As a man, I feel guilty about the atrocities that are committed against women every day.” It was ironical that often, even the law prevents rehabilitation of the victim and reunion with the spouse. Very often this was the case in divorce and remarriage among the Muslim communities, he said. Pramila Nesargi, Chairperson, Karnataka State Commission for Women, who chaired the session, said the State Government has been active in appointing protection officers at district and taluk levels, and are in the process of appointing support services for victims.

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