In India we have patriarchal society (basically a male dominant society) where women are often subjected to domestic violence. Government of India took many measures to eliminate discrimination and violence against women.

Article 15 (3) of the Indian constitution empowers the state to make laws in favour of children and women. By using this power government of India passed this act called Domestic violence act, 2005.

Domestic violence means any kind of abuse or apprehension of abuse of physical, emotional, economic, verbal and sexual that cause injury to the mind and body of the person.

Who can claim protection under this act?

It covers all women like mother, wife, sister, widow living in a sharehold house with a male and child is also entitled to claim relief under this act.

TYPES OF VIOLENCE

  • Physical violence
  • Sexual violence
  • Verbal or emotional violence
  • Economic violence

CAUSE OF VIOLENCE

  • Doubtful nature of male partner.
  • Addiction towards alcohol.
  • Low esteem of male.
  • Difficulty in controlling the anger.
  • Not satisfied with dowry.
  • Orthodox mindset of the people living in the society.

WHAT’S THE REASON BEHIND THE TOLERENCE OF WOMEN?

  • Social tolerance
  • Financial dependency on male.
  • Gender inequality in society
  • Mindset that she is physically weak.
  • Orthodox mindset of women itself.

RELIEF FOR WOMEN PROVIDED UNDER DOMESTIC VIOLENCE ACT, 2005

  • If the women file case against the abuser of violence then the magistrate can issue protection order for the protection of women.
  • A women cannot be evicted from her house after filing of the case in the court but the magistrate can order for eviction if he feels that it’s not safe for a women to live in that house.
  • Monetary relief granted to the female for treatment of mental and physical injury.
  • Temporary or permanent custody of child given to women if the court thinks fit.
  • Women must be provided with legal aid and counseling.
  • Women must be given hospital facility.

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