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Columns - Sticklish Issues
Domestic Violence Act 2005

Responses to Sticklish Issues dated October 30

The success of this Act will depend on how victims of domestic violence react to it and the attitude of the police in dealing with them. In a country where most women still remain fearful and hesitant of approaching the police, one has to wait and watch the impact the law will have.

C. P. Velayudhan, email

The law has been hailed by the All India Democratic Women's Association, the NGOs, and human rights organisations. For the first time, women have been provided civil remedies in cases of violence. The Act speaks of their residence and maintenance.

India's first case under the Act was booked on October 28 in Tirunelveli, Tamil Nadu, with the arrest of a peon by the police for injuring his wife with an umbrella. But the case could not be disposed of due to the non-appointment of protection officers or service providers by the State government.

Therefore, to implement the provisions of the law effectively, there should be no delay in the appointment of regulatory authorities.

S. Nallasivan, e-mail

Domestic violence against women is a blot on society. India has certainly taken a step in the right direction by empowering women by passing this legislation. Emphasis on not just physical abuse but also mental and economic abuse, the possibility of a woman approaching the protection officer even if she anticipates violence, provisions of free legal service, medical aid as well as accommodation in shelter homes are aspects of the Act that stand out.

The Act instructs the Government to ensure that the provisions get adequate publicity in the media so that awareness of legal recourse is created. However, the Act does not fix a time frame for the appointment of protection officers by the State governments. It is suggested that the senior most lady officer in the police service be appointed as de facto protection officer.

It is also suggested that cases involving this law be handled by family courts; this would not further burden the already strained legal system while ensuring speedy justice.

To complement the efforts by the Government, parents and neighbours should play a vital role in encouraging women suffering from domestic violence to fight back.

P. H. Karthik, Mumbai

The government should appoint advisers or counsellors for those affected by domestic violence.

V.Venkitasubramanian, Kochi

This law must be strictly implemented. Very few cases end in conviction; in most cases the alleged culprits are let off for lack of evidence or benefit of doubt. When it comes to domestic violence, the proof/evidence is circumstantial in majority of the cases.

The witnesses and deposition of the children of victims must be taken into account. Overall it is a good law and voluntary groups must create awareness about it.

S. Krithivasan, email

The Act seems to have been passed without any thought to its implementation. The law does not seem to be concerned with the fate of the victims after their rescue. Domestic violence is a social evil that is common in rural families.

Poverty, illiteracy, unemployment and over population are factors that contribute to it. What is required is greater focus on educating girls.

T. S. Sundareswaran, New Delhi

The Act could be a deterrent. But law alone won't do. Also, the law should not be misused.

Awareness, education, empowerment of women through employment and economic independence should be encouraged. Financial and social strain can cause domestic violence.

A. Jacob Sahayam, Thiruvananthapuram

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