A new Instrument to Prevent Violence on Women in Kashmir

Rifat provides a perspective on why there is an urgency to enact a Domestic Violence Act in Jammu and Kashmir

(Ms. Rifat Kawoosa, 31, was born in Srinagar. She went to the Presentation Convent High School in Srinagar, and received her Bachelor's degree from the Government College for Women in Srinagar. Mrs. Kawos is an advocate based in Baramulla. She won the Best Essay Writer Award during an orientation course organized by South Asia Forum for Human Rights, and currently serves as the Legal/Advocay Officer for the Lawyers Collective Women's Rights Initiative. In her leisure time she enjoys reading and listening to music.)

Domestic Violence Act: Only way of stopping violence on women

The law on the protection of domestic violence against women passed by the parliament is effective from October 2006, but our legislature till date has not seen the passage of this Act.

Domestic violence as we all understand implies violence at home in it’s various forms, but the legal connotation given to it by the Protection of Women from Domestic Violence Act, 2005 defines it as ‘omission or commission of any act or conduct that harms or injures or endangers the health, safety, life, limb or well being of a person, any other act of threat or coercion and includes any form of physical, sexual, verbal and emotional and economic abuse’.

Prof. Bashir Ahmed Dabla, Ex-Head of Department, Sociology, University of Kashmir has carried out some research on this topic and same has been compiled in form of a book namely Domestic Violence Against Women in the Kashmir valley.

We all are aware that domestic violence is in our society as well. Now obviously if we go by the meaning of domestic violence as such, our society is no less indicative of a stereotype domestic relation, be it pre-marital or post-marital. Pre–marital brings within its fold a daughter and a sister also and Post-marital as we all understand brings with it a mother, a wife and a widow.

In the following passages wherein some highlights of the domestic violence act will be given, the readers will understand how the act has recognized all these relations as the stake holders.

In the recent past, our valley has witnessed an onslaught of a number of cases of domestic violence, be it in the heart of the city at Batmaloo, Zaina Kadal or in the villages of Chadoora and Pulwama. These instances have resulted into silent deaths of girls who were tortured physically as well as mentally by their husbands and in-laws either for dowry or for bearing a girl child. Reasons are manifold, but the problem and the outcome is common.

Women have traditionally been considered to be the ones who have to have adjustability/adaptability as one of their virtues irrespective of the conditions, be it in the parental home or marital home. Their brains are conditioned right from the day they gain consciousness to the fact that they have to compromise whatever be the circumstances and this they have to show particularly after marriage.

I am sure that all the readers will agree to this because they are also the products of this society. Here, are sown the seeds of her suffering and ultimately ripens into the crop of domestic violence. Now if we see the cases of girls who became victims of domestic violence recently, all of them were domesticated homely girls. Here, if we analyze the findings of Prof. Dabla, the attainment of the role of working woman has developed a degree of jealousy among the family members of the marital side and this has contributed to the enormity and intensity of domestic violence. Now who is safe, a woman who is a submissive homely girl or a professional working woman?

Therefore, domestic violence is a challenge to our society and a menace for our women folk which simply cannot get unnoticed. If we analyze our laws which cater to such situations, it will take us to some of the sections of Ranbir Penal Code (RPC) which is termed Indian Penal Code (IPC) in the other states. Section 498A of RPC speaks of the cruelty by husband or relatives of husband, Section 304B speaks of dowry death. These sections are punitive in nature and a weapon in the hands of the state through police and the prosecution to cater to such situations. I am sure that as a student of law, I and all the other people very well understand the fate of such cases. These either get misused during investigation for reasons known to all of us or are not properly investigated or for that matter at the stage of examination, most of the witnesses baring few turn hostile (contradict with their statements given to the police) due to out of the court settlements. If all this does not arise then the matter gets delayed for want of witnesses in the court baring a few of course.

A very important issue that needs a clear mention here is that a family is and should be a priority for a man as well as a woman and practice should be to save a family from being thrown to doldrums at the hands of unwarranted practices. This is because a family not only involves a man and a woman, but their children, parents, brothers and sisters as well. It cannot be denied that all of them are affected, but all this stands true when it is not at the cost of a woman’s woman-hood.

About The Act - Main Highlights

The Protection of women from domestic violence Act in contrast to the existing penal laws has opened multiple options for a woman who is a victim of domestic violence.

It is a civil law which is directed towards providing compensation and support to the woman. It is victim driven and not police driven. Therefore it gives more scope to a woman for direct accessibility in the court of law. It recognizes a woman’s right to reside in a shared household.

Aims to provide relief to women facing domestic violence. It may be used in addition to criminal laws on cruelty.

Any woman who is or has been in a domestic relationship includes wives, sisters, mothers, daughters and widows.

Relief under the Act is designed to end violence immediately in the form of protection orders or stop violence orders.

Support systems in the form of residence orders providing for shelter homes to guard the woman from being rendered homeless.

Orders for monetary relief for loss suffered including maintenance and temporary custody orders.

Protection officers are the chief implementing authorities under the Act and they most importantly serve as a link between the victim and the court by facilitating a woman’s access to court and support services.

Service providers under the act which includes the NGO’S working for such issues provide the victim with necessary support including medical and other necessary support system.

Applications under the law are to be filed before a magistrate or in any other pending proceedings. It provides for disposal of the application within 60 days. An appeal against any order of the magistrate can be filed within 30 days.

It although being a non punitive law attracts an offence for breach of orders which carries with it an imprisonment up to 1 year or fine up to Rs. 20,000 or both.

An order under this law remains in force till the aggrieved woman applies for its discharge. Any order under the law can be modified or altered on an application by the aggrieved party.

Also the single window clearance system which is an inbuilt mechanism within the Act keeps open the option to a woman asking for any order pending any civil/criminal complaint.

One of the significant features of the Act is that under Section 14 of the Act, option is open to a magistrate to direct the respondent or the aggrieved person singly or jointly to undergo counseling with any member of a service provider who possesses such qualifications/experience.

The Act has succeeded in having many success stories to it’s credit in dealing with the menace of domestic violence particularly in the state of Andhra Pradesh as has been mentioned in the reports of Lawyers Collective, Women’s Rights Initiative, but it also carries with it the negative side of the story wherein the lack of proper implementation and technical difficulties are creating hurdles.

Conclusively, I insist that domestic violence is with us today, so why not to end this menace by proper passage and effective implementation of the Domestic Violence Act and last, but not the least bring a change within ourselves and the system by changing our attitude towards the role of women and families in our society.