The Supreme Court, on Oct 15, 2020, termed the 2005 law on protection of women from domestic violence as a milestone. Offences against women are rampant in India and most women face violence/cruelty in some form or the other on almost a daily basis. The judgement dealt with the statutory scheme of the Protection of Women from Domestic Violence Act and said that prior to its enactment in 2005, the victims had very limited scope of getting interim reliefs in such cases under other laws.
The observations came in a judgement in which the apex court held that the relief granting right to residence to a married woman under the domestic violence law by a criminal court is relevant and can be considered even in civil proceedings seeking her eviction from the matrimonial home.
The top court said a woman resigns her fate to the never-ending cycle of violence and endures discrimination as a daughter, a sister, a wife, a mother, a partner, or a single woman in her lifetime. Non-retaliation by women against violence, coupled with the absence of laws addressing women’s issues, ignorance of the existing laws enacted for them, and societal attitude makes them vulnerable, where women are expected to be subservient, not just to their male counterparts but also to the male’s relatives.
Till the year 2005, the remedies available to a victim of domestic violence were limited and women either had to go to the civil court for a decree of divorce or initiate prosecution in the criminal court for the harassment suffered at matrimonial homes. In both the proceedings, no emergency relief/reliefs is/are available to the victim. This set of circumstances ensured that a majority of women were compelled to suffer in silence.
It is a known fact that the progress of any society depends on its ability to protect and promote the rights of its women. Women have equal rights and privileges as men as per the Constitution of India, and ensuring that had marked the step towards the transformation of the status of the women in this country.
Courtesy: Business Standard