OneWorld.net (U.S.)

It was a significant day in the history of the women's movement! Following ten years of persistent efforts, the Protection from Domestic Violence Bill, 2004 received the Indian cabinet's approval for introduction in the Parliament on June 23, 2005.

The bill is intended to protect women from domestic violence of any kind including dowry-related harassment. Even a threat of physical, sexual, verbal, emotional or economic abuse, including dowry harassment would attract penal action under the provisions of the bill.

By its definition of domestic relationships, women who have been living with the abuser, and are blood relatives, or related by marriage or adoption are entitled to protection. It includes not just wives, but other family members living together as a joint family such as sister, mother and widows, and single women living with the abuser.

A residence order passed by a magistrate can provide the right for a woman to reside in her matrimonial home or shared household, whether or not she has any title or right to such home or household.

The proposed law empowers magistrates to pass a 'protection order' in favour of the abused; this will prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both parties, or causing violence to the abused, her relatives or others who provide her assistance from domestic violence.

The bill also mentions 'protection officers' and allows registration of non-governmental organisations as "service providers” who will proffer legal aid, medical examination or shelter for women in distress.

Sunita Thakur of the Jagori Violence Intervention Cell sees this as a positive step. 'The approval by the Union Cabinet comes as a ray of hope for the women who have approached us for support in dealing with domestic violence and dowry harassment' she says.

Anuradha Rajan, Director of the International Centre for Research on Women, comments 'The challenge now is for the bill to be passed, and then to see how the rules are framed and operationalised. However, it appears that key recommendations of the women’s movement are reflected in the proposed bill; these provisions are significant in that they recognise women’s right to a violence-free life, and offer the right to stay in the matrimonial home or shared household, while still ensuring safety through protection orders and protection officers.'

Quoting Radhika Coomaraswamy, Chairperson of the Human Rights Commission of Sri Lanka (HRCSL) at a regional UNIFEM conference in Pakistan 'Pages of newspapers in South Asia are full of tales of domestic violence. 15,000 young brides are burnt to death every year in India (OXFAM). 40% of all sexual abuse cases in India are about incest. In a survey on violence against women in India, 94% of the cases involved an offender who was a member of the family (UNIFEM). The violence against women in South Asia often begins before birth. It is estimated the 50 million women are missing in India either through sex selective abortions, female infanticide or female neglect. There are 79.3 girls for every 100 males in the Punjab and 87.8 girls for every 100 males in Gujarat (OXFAM)...'

'...According to the UN standards it requires domestic violence legislation that combines civil and criminal remedies.'India’s legislation on domestic violence, written in consultation with NGOs has many of these necessary provisions as does the Sri Lankan draft domestic violence act.'

'The international standard also call on states to draft national plans of action, ensure a trained and sensitive criminal justice system, support systems for victims, sensitive health professionals and it requires data collection and analysis about the incidents of domestic violence. Some countries in South Asia have begun to respond to these standards in a progressive manner.'

Law is an important tool for changing the situation of domestic violence in the country, but it is only one of the many strategies available, and other approaches promoting equality between men and women, encouraging non-violent ways of resolving conflict need to be adopted as well.