India’s ancient is a rich heritage having no match in the world. In ancient India women enjoyed a significant role not only at home but in the society as whole-“ ‘was the motto and a principle followed at all levels of society. A wife used to be a father in advice, a mother in distress and a sincere friend in times of distress. But with advent of Muslim invaders and having lost their physical and moral strength to protect the honour and chastity of their women our ancestors imposed purdah system on our women folk. Thus immersed in superstition and oppressed by custom, confined within the four walls of the house, seeing little of the world and knowing little of it our women were reduced to the status of a maid, a plaything and a reproductive machine. The male dominant society would not give them due regard and due respect and the system continues even in the twenty first century. Every day we hear and read about atrocities inflicted upon them by their own husbands for whom they live and die.
She can be and generally is sympathetic with old, sick, foolish or poor but refuse to tolerate the tyranny of the cruel husband of loose temper. She now realizes that as human being she has rights no less than those enjoyed by her opposite sex. Constitution of India treats both at par. So why there should be any discrimination against women? Why should they be called the “weaker sex”. They are now matching with their male counterparts with equal dignity. We have had women prime minister much more competent and efficient than most of the prime ministers.
We have women chief ministers, I.A.S and I.P.S. officers, scientists, astraunants and business magnets, doctors, advocates and what not? In view of the circumstances mentioned above women of India are gathering courage to raise voice against atrocities done to them by the male counterparts and to hear their voice and in turn to provide remedy as also to punish the tyranysts Government of India has recently enacted laws under the name and caption.
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT,2005 in order to provide more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. It extends to whole of India except the State of Jammu and Kashmir. In the context of this act Domestic Violence shall Include-
(i) Any harm or injure that endangers health, safety, limb or well being either mental or physical abuse, sexual abuse, verbal and emotional abuse or economic abuse.
(ii) If one harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security.
(iii) If one injures or causes harm, whether physical or mental to the aggrieved person.
Any person who believes that an act domestic violence has been or is being committed may give information about it to the concerned protection officer. No ability, civil or criminal, shall be incurred by the person for giving information in good faith.
A police officer, protection Office, Service provider or Magistrate who receives a complaint of domestic violence shall inform the aggrieved person of her-
(i) right to move an application for obtaining relief by way of protection order, an order for monitory relief, a custody order, a residence order, a compensation order or more than one such order under this act.
(ii) Of the availability of services of service provider.
(iii) Of the availability of the services of Protection Officer.
(iv) of her right to free legal services under the Legal Services Authorities Act, 1987.
(v) of her right to file a complaint under section 498 A of the Indian Penal Code (45 of 1860) wherever relevant.
If an aggrieved person or on her behalf a protection Officer requests the person in charge of a Shelter to the aggrieved person. Similarly a Protection Officer can arrange medical facilities to the aggrieved person.
The Central Government and every State Government shall take measures to ensure that-
(a) the provisions of this act are given wide publicity.
(b) Periodic sensitization and awareness services are given to all concerned on the issue addressed by this act.
(c) There is effective coordination between persons involved in the execution of this Act and periodical review of the same.
(d) Protocols for various ministries concerned with the services of women under the act including the courts are prepared and put in place.
The relief sought under this Act may include relief for the issuance of an order for payment of compensation or damages for the injuries caused by the acts of domestic violence. If the Magistrate considers that the circumstances of the case so warrant and if either party to the proceedings so desires he may conduct the proceeding s so desires he may conduct the proceeding camera. Notwithstanding anything contained in any other law for the time being in force every woman in a domestic relationship shall have the right to reside in the shared household whether or not she has any right, title or benefit interest in the same. The aggrieved person shall not be erected from the shared household by the respondent. The Magistrate may, on the being satisfied that domestic violence favor of the aggrieved person. Has taken place or is likely to take place pass a protection order in favor of the aggrieved person.
The Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and child of the aggrieved person as a result of the domestic violence and such relief may include but not limited to-
(a) loss of earnings
(b) medical expenses
(c) loss caused due to destruction, damage or removed of any property from the control of aggrieved person
(d) The maintenance of aggrieved personas as well as her children.
In exercise of the powers conferred by section 37 of the protection of Women from Domestic Violence Act 2005 (43 of 2005) the Central Government made necessary rules for the proper enforcement of the said Act known as “The protection of Women from Domestic Violence Rules 2006”.
These rules came into force from October 26, 2006.
These rules have laid down detailed procedure for disposing off the complaints received under the Act property. Judiciously and promptly. Rights and duties of the protection Officers, Counselors and other concerned with the Act have been clearly marked out. These rules are a guide to ensure quick and timely disposal of the complaints under the Act to see that do not take the lengthy course of litigation and the aggrieved person is not put to harassment.