08-23-2005, 12:06 AM
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>Bill to curb domestic violence introduced </b>
Pioneer News Service/ New Delhi
Acknowledging that women need legal rights to be shielded against violence in their own homes, the government introduced the Protection of Women from Domestic Violence Bill, 2005 in Lok Sabha on Monday.
In a marked deviation from other women-oriented legislation, the proposed Act focuses on protecting rights of women in her matrimonial or shared household, unlike the laws that emphasise punishment in offences like dowry. It is for the first time that domestic violence has been defined by the law. Even sisters, widows, mothers, single women living with the abuser would be entitled to legal protection.
Under the civil law, women can appeal for a magisterial order restraining the abuser from harassing her. More often than not, women refrain from lodging a complaint for fear of being thrown out of her matrimonial home or having her children taken away from her. The proposed Act provides for the rights of women to secure housing.
<b>It provides for the right of a woman to reside in her matrimonial home or shared household, whether or not she has any title or rights in such home or household. She also gets temporary custody of her children, who are often used as an instrument of blackmail by the abuser to prevent a woman from lodging a complaint. Such relief is not provided under criminal laws at present. </b>
<b>Woman often do not seek divorce despite abuse at home because they have no one to turn to. </b>The stigma associated with being a divorced woman prevents her parents from taking her back. The proposed law protects her right of residence in her matrimonial home without seeking a divorce. Statistics show that less than one per cent of women who suffer violence actually lodge a complaint. By assuring her of her rights, the proposed law hopes to empower more women to seek legal redress against violence.
The long-term rights over property are not decided under the law, and hence prevents misuse of the law for property disputes. The civil law is much milder when compared to other criminal laws dealing with social evils like dowry, which books the offender for a non-bailable offence.
The magistrate can prevent the abuser from entering a workplace or any other place frequented by the woman. He can be prevented from isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from domestic violence. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition, according to the statement of objects and reasons of the Bill.
The magistrate can appoint Protection Officers and register non-governmental organisations as service providers for assisting the aggrieved person with respect to her medical examination and for obtaining legal aid and safe shelter.
Under the Bill, if the magistrate considers that the circumstances of the case so warrants, and if either party to the proceedings so desires, he may conduct them in camera.
If the abuser breaches the magisterial protection order, it will be made an offence and shall be punishable with imprisonment which may extend to one year or fine upto Rs 20,000 or both.
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Now they expect abused person to live with abuser under same roof, Indian law maker are insane.
What they are going to do where family live in one room house? Draw a line.
Invitation to murder.
Pioneer News Service/ New Delhi
Acknowledging that women need legal rights to be shielded against violence in their own homes, the government introduced the Protection of Women from Domestic Violence Bill, 2005 in Lok Sabha on Monday.
In a marked deviation from other women-oriented legislation, the proposed Act focuses on protecting rights of women in her matrimonial or shared household, unlike the laws that emphasise punishment in offences like dowry. It is for the first time that domestic violence has been defined by the law. Even sisters, widows, mothers, single women living with the abuser would be entitled to legal protection.
Under the civil law, women can appeal for a magisterial order restraining the abuser from harassing her. More often than not, women refrain from lodging a complaint for fear of being thrown out of her matrimonial home or having her children taken away from her. The proposed Act provides for the rights of women to secure housing.
<b>It provides for the right of a woman to reside in her matrimonial home or shared household, whether or not she has any title or rights in such home or household. She also gets temporary custody of her children, who are often used as an instrument of blackmail by the abuser to prevent a woman from lodging a complaint. Such relief is not provided under criminal laws at present. </b>
<b>Woman often do not seek divorce despite abuse at home because they have no one to turn to. </b>The stigma associated with being a divorced woman prevents her parents from taking her back. The proposed law protects her right of residence in her matrimonial home without seeking a divorce. Statistics show that less than one per cent of women who suffer violence actually lodge a complaint. By assuring her of her rights, the proposed law hopes to empower more women to seek legal redress against violence.
The long-term rights over property are not decided under the law, and hence prevents misuse of the law for property disputes. The civil law is much milder when compared to other criminal laws dealing with social evils like dowry, which books the offender for a non-bailable offence.
The magistrate can prevent the abuser from entering a workplace or any other place frequented by the woman. He can be prevented from isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from domestic violence. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition, according to the statement of objects and reasons of the Bill.
The magistrate can appoint Protection Officers and register non-governmental organisations as service providers for assisting the aggrieved person with respect to her medical examination and for obtaining legal aid and safe shelter.
Under the Bill, if the magistrate considers that the circumstances of the case so warrants, and if either party to the proceedings so desires, he may conduct them in camera.
If the abuser breaches the magisterial protection order, it will be made an offence and shall be punishable with imprisonment which may extend to one year or fine upto Rs 20,000 or both.
<!--QuoteEnd--><!--QuoteEEnd-->
Now they expect abused person to live with abuser under same roof, Indian law maker are insane.
What they are going to do where family live in one room house? Draw a line.
Invitation to murder.