Pub Date : 2019-06-13DOI: 10.1093/OSO/9780199489954.003.0001
I. Jaising
The chapter presents the underlying idea behind this volume and serves as an introduction to domestic violence and the law in India. Tracing the history of laws addressing domestic violence both as a crime and a civil wrong, the author explains how the collection of essays in this volume evaluate some of the essential concepts that shaped the framing of the PWDVA and its treatment in the hands of judges. Providing insights into the challenges faced in drafting and enforcement of the PWDVA, such as inclusion of women in ‘relationships in the nature of marriage’ and unique provisions such as the ‘right to residence’, the author discusses the extent to which PWDVA has succeeded in fulfilling its purpose and areas of enforcement that remain a challenge even after a decade.
{"title":"Unscrambling the Images","authors":"I. Jaising","doi":"10.1093/OSO/9780199489954.003.0001","DOIUrl":"https://doi.org/10.1093/OSO/9780199489954.003.0001","url":null,"abstract":"The chapter presents the underlying idea behind this volume and serves as an introduction to domestic violence and the law in India. Tracing the history of laws addressing domestic violence both as a crime and a civil wrong, the author explains how the collection of essays in this volume evaluate some of the essential concepts that shaped the framing of the PWDVA and its treatment in the hands of judges. Providing insights into the challenges faced in drafting and enforcement of the PWDVA, such as inclusion of women in ‘relationships in the nature of marriage’ and unique provisions such as the ‘right to residence’, the author discusses the extent to which PWDVA has succeeded in fulfilling its purpose and areas of enforcement that remain a challenge even after a decade.","PeriodicalId":179480,"journal":{"name":"Conflict in the Shared Household","volume":"104 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116638001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-13DOI: 10.1093/OSO/9780199489954.003.0011
Kanika Kaul
Recent years have witnessed important changes in planning and budgetary processes in the country. The constitution of NITI Aayog in place of the Planning Commission, restructuring of the Union Budget following the Union Government’s acceptance of the 14th Finance Commission recommendations and measures undertaken for rationalisation of Centrally Sponsored Schemes have marked gender implications. They also have a bearing on public financing of government programmes in a range of sectors, including those meant to address violence against women. The analysis of schemes to address violence against women by state governments in Madhya Pradesh and Jharkhand presented in the chapter, reflects low priority towards the issue in the state budgets, indicating that the importance accorded to gender violence in policy discourse is yet to translate into budgetary priorities. The author concludes that budgetary dimensions of the state’s response to the issue require attention if we are to ensure a comprehensive response mechanism for women facing domestic violence.
{"title":"Changing Contours of Fiscal Policy and Budgets to Address Violence against Women","authors":"Kanika Kaul","doi":"10.1093/OSO/9780199489954.003.0011","DOIUrl":"https://doi.org/10.1093/OSO/9780199489954.003.0011","url":null,"abstract":"Recent years have witnessed important changes in planning and budgetary processes in the country. The constitution of NITI Aayog in place of the Planning Commission, restructuring of the Union Budget following the Union Government’s acceptance of the 14th Finance Commission recommendations and measures undertaken for rationalisation of Centrally Sponsored Schemes have marked gender implications. They also have a bearing on public financing of government programmes in a range of sectors, including those meant to address violence against women. The analysis of schemes to address violence against women by state governments in Madhya Pradesh and Jharkhand presented in the chapter, reflects low priority towards the issue in the state budgets, indicating that the importance accorded to gender violence in policy discourse is yet to translate into budgetary priorities. The author concludes that budgetary dimensions of the state’s response to the issue require attention if we are to ensure a comprehensive response mechanism for women facing domestic violence.","PeriodicalId":179480,"journal":{"name":"Conflict in the Shared Household","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133370493","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-13DOI: 10.1093/OSO/9780199489954.003.0006
Ajita Sharma
Available data indicate that marital rape impacts the health and safety of women in much the same way as rape by a stranger. This chapter argues in favour of recognizing marital rape as a crime in India, by rebutting the forcefully held misconceptions that continue to be put forth as justifications for exempting marital rape as a criminal offence. The institution of marriage as a sanction for sex completely disregards the consent of the wife. This has the effect of condoning acts in the nature of domestic violence and must be recognized as a form of gender discrimination that negates the dignity, personal autonomy, and bodily integrity of married women. Analysis of existing legal provisions on spousal sexual violence under the PWDVA have been analysed to assess the scope of legal remedies available for marital rape.
{"title":"Marital Rape As Domestic Violence","authors":"Ajita Sharma","doi":"10.1093/OSO/9780199489954.003.0006","DOIUrl":"https://doi.org/10.1093/OSO/9780199489954.003.0006","url":null,"abstract":"Available data indicate that marital rape impacts the health and safety of women in much the same way as rape by a stranger. This chapter argues in favour of recognizing marital rape as a crime in India, by rebutting the forcefully held misconceptions that continue to be put forth as justifications for exempting marital rape as a criminal offence. The institution of marriage as a sanction for sex completely disregards the consent of the wife. This has the effect of condoning acts in the nature of domestic violence and must be recognized as a form of gender discrimination that negates the dignity, personal autonomy, and bodily integrity of married women. Analysis of existing legal provisions on spousal sexual violence under the PWDVA have been analysed to assess the scope of legal remedies available for marital rape.","PeriodicalId":179480,"journal":{"name":"Conflict in the Shared Household","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117268848","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-13DOI: 10.1093/OSO/9780199489954.003.0003
A. Basu
The Protection of Women from Domestic Violence Act, 2005, (PWDVA) is a special civil law aimed at effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family. 26 October 2016 marked the tenth anniversary of the enforcement of the PWDVA. The chapter examines the trajectory of legal developments that culminated in the enactment of the PWDVA as well as the gaps in the legal regime that the enactment of this law sought to overcome. Tracing the history of the women’s rights movement and its engagement with equality and violence against women, the author details the sustained campaign, spanning nearly a decade, by the Indian women’s movement, the drafting of the PWDVA by Lawyers Collective in consultation with the women’s movement and the challenges in its enactment.
{"title":"Mapping Legislative Changes","authors":"A. Basu","doi":"10.1093/OSO/9780199489954.003.0003","DOIUrl":"https://doi.org/10.1093/OSO/9780199489954.003.0003","url":null,"abstract":"The Protection of Women from Domestic Violence Act, 2005, (PWDVA) is a special civil law aimed at effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family. 26 October 2016 marked the tenth anniversary of the enforcement of the PWDVA. The chapter examines the trajectory of legal developments that culminated in the enactment of the PWDVA as well as the gaps in the legal regime that the enactment of this law sought to overcome. Tracing the history of the women’s rights movement and its engagement with equality and violence against women, the author details the sustained campaign, spanning nearly a decade, by the Indian women’s movement, the drafting of the PWDVA by Lawyers Collective in consultation with the women’s movement and the challenges in its enactment.","PeriodicalId":179480,"journal":{"name":"Conflict in the Shared Household","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128691592","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-13DOI: 10.1093/OSO/9780199489954.003.0010
Padma Bhate-Deosthali, S. Rege
The chapter traces the evolution of responses to domestic violence and other forms of violence against women in India and examines the existing evidence on services available for survivors, with special focus on One Stop Crisis Centres (OSCC) in terms of their location, objectives, and impact. The Chapter presents a comprehensive review of the existing One Stop Centers operational under the Ministry of Women and Child Development Scheme created under the Nirbhaya Fund. The authors evaluate the comprehensive response mechanism developed under the PWDVA and argue for an evidence based approach in setting up processes and mechanisms for responses for survivors of domestic violence.
{"title":"Nature of Services Available to Women Survivors","authors":"Padma Bhate-Deosthali, S. Rege","doi":"10.1093/OSO/9780199489954.003.0010","DOIUrl":"https://doi.org/10.1093/OSO/9780199489954.003.0010","url":null,"abstract":"The chapter traces the evolution of responses to domestic violence and other forms of violence against women in India and examines the existing evidence on services available for survivors, with special focus on One Stop Crisis Centres (OSCC) in terms of their location, objectives, and impact. The Chapter presents a comprehensive review of the existing One Stop Centers operational under the Ministry of Women and Child Development Scheme created under the Nirbhaya Fund. The authors evaluate the comprehensive response mechanism developed under the PWDVA and argue for an evidence based approach in setting up processes and mechanisms for responses for survivors of domestic violence.","PeriodicalId":179480,"journal":{"name":"Conflict in the Shared Household","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126082157","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-13DOI: 10.1093/OSO/9780199489954.003.0004
Pinki Mathur Anurag
The chapter deals with women’s unequal rights to housing and draws on the related concepts of security of tenure and ownership rights, to explores the interlink between housing rights and domestic violence to show that protection of right to housing enhances and positively impacts women’s negotiating capacity in dealing with domestic violence. Locating domestic violence within the right to housing under international law the author demonstrates that domestic violence in the absence of security of tenure in the form of ownership or tenancy rights for women is a major cause of forced eviction and homelessness. The PWDVA provides security of tenure through Right to Reside and Residence Orders, in some situations barring the violent household member from remaining on the premises. Analysis of jurisprudence under ‘right to reside’ unmasks the complex nature of the Indian household and the nuances in the way the right has been interpreted and enforced by courts.
{"title":"‘But … Where Will I Live?’","authors":"Pinki Mathur Anurag","doi":"10.1093/OSO/9780199489954.003.0004","DOIUrl":"https://doi.org/10.1093/OSO/9780199489954.003.0004","url":null,"abstract":"The chapter deals with women’s unequal rights to housing and draws on the related concepts of security of tenure and ownership rights, to explores the interlink between housing rights and domestic violence to show that protection of right to housing enhances and positively impacts women’s negotiating capacity in dealing with domestic violence. Locating domestic violence within the right to housing under international law the author demonstrates that domestic violence in the absence of security of tenure in the form of ownership or tenancy rights for women is a major cause of forced eviction and homelessness. The PWDVA provides security of tenure through Right to Reside and Residence Orders, in some situations barring the violent household member from remaining on the premises. Analysis of jurisprudence under ‘right to reside’ unmasks the complex nature of the Indian household and the nuances in the way the right has been interpreted and enforced by courts.","PeriodicalId":179480,"journal":{"name":"Conflict in the Shared Household","volume":"363 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123191936","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-13DOI: 10.1093/OSO/9780199489954.003.0005
Brototi Dutta
The Supreme Court in its decision in Velusamy v. Patchaiammal limited the scope of ‘relationship in the nature of marriage’ under the PWDVA and interpreted it as co-terminus with ‘common-law marriage’. By doing so, the Court left women in vulnerable intimate relationships without a remedy in law. The author argues that by transposing a non-statutory category (‘common-law marriage’) into the PWDVA, Velusamy watered down the promise of zero tolerance to violence within intimate domestic relationships. Using examples from the evolution of cohabitees’ rights in English law, the author argues that the Indian Constitution, in its framing of equality and right to life and personal dignity already provides the language and framework for protection to be extended to women in every stable cohabiting relationship. This is particularly significant in the Indian context where second wives and women in de facto marriages have little legal protection, even in situations of domestic violence.
{"title":"Of ‘Keeps’ and ‘Concubines’","authors":"Brototi Dutta","doi":"10.1093/OSO/9780199489954.003.0005","DOIUrl":"https://doi.org/10.1093/OSO/9780199489954.003.0005","url":null,"abstract":"The Supreme Court in its decision in Velusamy v. Patchaiammal limited the scope of ‘relationship in the nature of marriage’ under the PWDVA and interpreted it as co-terminus with ‘common-law marriage’. By doing so, the Court left women in vulnerable intimate relationships without a remedy in law. The author argues that by transposing a non-statutory category (‘common-law marriage’) into the PWDVA, Velusamy watered down the promise of zero tolerance to violence within intimate domestic relationships. Using examples from the evolution of cohabitees’ rights in English law, the author argues that the Indian Constitution, in its framing of equality and right to life and personal dignity already provides the language and framework for protection to be extended to women in every stable cohabiting relationship. This is particularly significant in the Indian context where second wives and women in de facto marriages have little legal protection, even in situations of domestic violence.","PeriodicalId":179480,"journal":{"name":"Conflict in the Shared Household","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131176564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-13DOI: 10.1093/OSO/9780199489954.003.0009
Monica Sakhrani, T. Panchal, Radhika Chakraborty, Manisha Kande
The chapter presents the analysis of findings on the implementation of the PWDVA in the state of Haryana. The findings are a part of a four-state study conducted in Haryana, Maharashtra, Odisha and Tamil Nadu. The study explores how women encountered the domestic violence law and the processes, and reflects on the challenges survivors face in their quest for justice. The findings from the present study indicate that in Haryana a dismal number of women have been able to obtain relief under the PWDVA. Delays in passing orders and protracted procedures were found to be the main constraints faced by users of the law. The stakeholder network created under the PWDVA was found to be fractured and sparse. The Chapter highlights gaps in the implementation of the PWDVA and presents recommendations and for their redressal.
{"title":"Long Road to Justice","authors":"Monica Sakhrani, T. Panchal, Radhika Chakraborty, Manisha Kande","doi":"10.1093/OSO/9780199489954.003.0009","DOIUrl":"https://doi.org/10.1093/OSO/9780199489954.003.0009","url":null,"abstract":"The chapter presents the analysis of findings on the implementation of the PWDVA in the state of Haryana. The findings are a part of a four-state study conducted in Haryana, Maharashtra, Odisha and Tamil Nadu. The study explores how women encountered the domestic violence law and the processes, and reflects on the challenges survivors face in their quest for justice. The findings from the present study indicate that in Haryana a dismal number of women have been able to obtain relief under the PWDVA. Delays in passing orders and protracted procedures were found to be the main constraints faced by users of the law. The stakeholder network created under the PWDVA was found to be fractured and sparse. The Chapter highlights gaps in the implementation of the PWDVA and presents recommendations and for their redressal.","PeriodicalId":179480,"journal":{"name":"Conflict in the Shared Household","volume":"272 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134102695","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-13DOI: 10.1093/OSO/9780199489954.003.0008
Aparna Chandra
This chapter describes the trends and patterns of usage of the PWDVA and examines judicial approaches towards adjudication under the Act. This chapter is based on an empirical analysis of approximately 7,000 Magistrate Court orders from 14 states between 2012 and 2013. The objective behind the analysis is to assess the implementation of the PWDVA in a manner true to its objectives. The analysis includes pattern of usage, profile of users, nature of DV, reliefs sought and granted, reasons for refusal to grant relief such as protection orders, compensation, residence orders, custody of children, maintenance orders. Judicial attitudes and adjudicatory practices indicate that courts tend to locate their maintenance decisions on a male ‘moral duty’ to maintain the wife or mother, rather than on her entitlement to economic support for the services she performs and that the judicial process mostly lacks the multi-agency approach envisaged under the PWDVA.
{"title":"Analysing Orders Granted under the PWDVA, 2005","authors":"Aparna Chandra","doi":"10.1093/OSO/9780199489954.003.0008","DOIUrl":"https://doi.org/10.1093/OSO/9780199489954.003.0008","url":null,"abstract":"This chapter describes the trends and patterns of usage of the PWDVA and examines judicial approaches towards adjudication under the Act. This chapter is based on an empirical analysis of approximately 7,000 Magistrate Court orders from 14 states between 2012 and 2013. The objective behind the analysis is to assess the implementation of the PWDVA in a manner true to its objectives. The analysis includes pattern of usage, profile of users, nature of DV, reliefs sought and granted, reasons for refusal to grant relief such as protection orders, compensation, residence orders, custody of children, maintenance orders. Judicial attitudes and adjudicatory practices indicate that courts tend to locate their maintenance decisions on a male ‘moral duty’ to maintain the wife or mother, rather than on her entitlement to economic support for the services she performs and that the judicial process mostly lacks the multi-agency approach envisaged under the PWDVA.","PeriodicalId":179480,"journal":{"name":"Conflict in the Shared Household","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124727909","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-13DOI: 10.1093/OSO/9780199489954.003.0002
Uma Chakravarti
By placing violence within structural relationships that form a part, and support patriarchal hierarchies within the family, the author demonstrates how violence against women is central to maintaining men’s power and privilege over the women at home. Historically, socially and culturally there has been a complete normalization of the violence men have inflicted upon women within the household. Husbands, fathers, brothers all use violence when their self-assumed authority appears to be challenged, while women do not speak about the violence, often, because it is associated with some wrongdoing on their part. Change began only when women began to question such violence. The chapter traces the progress in jurisprudence on domestic violence over the years, reflecting on the deep-rooted patriarchal attitude persistent in courts, and current approaches to addressing domestic violence in an environment where backlash continues to prejudice women’s fight against domestic violence.
{"title":"Some Thoughts on Domestic Violence","authors":"Uma Chakravarti","doi":"10.1093/OSO/9780199489954.003.0002","DOIUrl":"https://doi.org/10.1093/OSO/9780199489954.003.0002","url":null,"abstract":"By placing violence within structural relationships that form a part, and support patriarchal hierarchies within the family, the author demonstrates how violence against women is central to maintaining men’s power and privilege over the women at home. Historically, socially and culturally there has been a complete normalization of the violence men have inflicted upon women within the household. Husbands, fathers, brothers all use violence when their self-assumed authority appears to be challenged, while women do not speak about the violence, often, because it is associated with some wrongdoing on their part. Change began only when women began to question such violence. The chapter traces the progress in jurisprudence on domestic violence over the years, reflecting on the deep-rooted patriarchal attitude persistent in courts, and current approaches to addressing domestic violence in an environment where backlash continues to prejudice women’s fight against domestic violence.","PeriodicalId":179480,"journal":{"name":"Conflict in the Shared Household","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130210676","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：