‘We cannot ignore the reality of violence’
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The PWDVA has at least brought the issue of violence in intimate relationships out in the open, feels Indira Jaisingh, Director, Women’s Rights Initiative, Lawyers’ Collective. Excerpts from an interview…
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Photo: Vipin Chandran
Indira Jaisingh: Change through legal initiatives.
Indira Jaisingh is Director, Women’s Rights Initiative, Lawyers’ Collective, which has been associated with the Protection of Women from Domestic Violence Act, 2005, since its drafting stages. Lawyers Collective has done two annual evaluations of the implementation of the Act.
She has campaigned and written extensively on issues related to women’s rights, especially against domestic violence. She is the author of Handbook on Law of Domestic Violence. She was appointed Additional Solicitor General earlier this month. She is the first woman in the country to assume the post.
Has the PWDV Act, over two years of its implementation, played a big role in changing perceptions on violence against women?
Only time will tell as to what extent the Act has changed perceptions about women and their position in Indian society. However, over two years of implementation of the Act, I can safely say that the PWDVA, by recognising violence by an intimate partner, has finally brought the issue of violence within the home by a seemingly normal person, out in the open. Given the data of cases being filed by women from all backgrounds in cities as well as rural areas, there is little chance that we can ignore the reality of violence against women that cuts across class barriers. The hard data clearly shows that the incidence of domestic violence is high, and that women have started owning the law. This I believe is the biggest success of this law.
The provisions of the DV Act place key responsibilities on State governments. How have the States responded to this?
Although the implementation of the law began quite tentatively, over the last year-and-a-half, more and more States are putting in place systems to ensure effective implementation. In 2008, when the Lawyers Collective conducted its second annual national monitoring and evaluation of implementation of the Act, we received overwhelming responses from the nodal departments in a majority of the States.
However, there still remain concerns with regard to implementation. While our data indicates that Protection Officers, for instance, have been appointed in all States, the feedback from the ground indicates that in very few States the POs are accessible to women, and because they are not full-time appointees and have other responsibilities, they can hardly devote any time to their duties under the PWDVA.
The other issue of concern is budgetary allocations. Commendable work has been done by States like Andhra Pradesh, which has a very good multi-agency coordinated response to cases of domestic violence. According to our data, they have also allocated the highest relative percentage of budget in a structured manner to implementation of this law. Again, Delhi has pioneered the appointment of full-time POs.
Judicial delay has been one of the big complaints. Can anything be done to address this issue?
Although the Act requires the court to complete proceedings within 60 days, in a majority of the cases this timeline is not being met. One of the persistent complaints of women going to courts is the long dates being given which makes litigation a difficult proposition. Delhi attempted to address this by transferring all cases under the Act to certain designated Mahila courts. However, although well intended, this move has resulted in overburdening of Mahila courts. A better system of case management by courts along with sharing of responsibility to reduce unnecessary delays equally by lawyers of both parties to litigation is necessary. While the right of the parties to appeal cannot be questioned in the interest of justice, frivolous appeals with the intention of defeating a woman’s rights have to be controlled. It can be recommended that appeals from interim orders should not to be allowed in a routine manner.
There is a feeling among many feminist groups that governments are willing to pass legislations, but reluctant to provide the infrastructure necessary to implement them. Some even feel that new legislations do not help the cause of women’s movement. Can you comment?
While I agree with the fact that a look at the history of implementation of most pro-women legislations clearly indicates that it is easier to get a law enacted than to ensure that it is effectively implemented, I do not think that this ought to dissuade one from arguing for recognition of women’s rights through law. In fact, the impact of the PWDVA itself is an example of how a law can bring about a change in society’s perceptions about what is acceptable and unacceptable behaviour with regard to women within the home.
BAGESHREE S.
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