Prevention of Domestic Violence Act- Social Jeopardy

From the time of independence we have seen several legislations made for the benefit of women. The Indian Constitution under Article 15(3) provides for legislations to be made to empower and benefit women and children. Thus came the Dowry Prohibition Act, Maintenance Act, Upgrading of women as coparceners, Prohibition on female infanticide, Prohibition of pre natal diagnosis, government went a step forward in providing aid for families with single girl child. All of these were enacted over the past 6 decades for the benefit of women. As of today we have the Prevention of Women from Domestic Violence, Act 2005. When one sees the number of legislations in the past and the need to provide a new one, it clearly shows that these past Acts have not been implemented properly. So how well can the D.V Act be implemented? Of course the answer would be prompt and timely justice. Under the D.V Act. Firstly, enquiry need not be conducted before arrest or for that matter a warrant need not be provided before arrest. How convenient for a woman to fabricate or concoct a false story, stating her husbands abusive behavior. This Act can be misused by immoral wives to get rid of husbands and indulge in infidelity, rather than those who are really tormented by their husbands. Secondly, this Act States that the Public Officer to whom the complaints are made cannot be prosecuted under C.P.C, Cr.P.C, I.P.C, therefore providing them with ample power to harass parties or help them enter into money deals with either party. Such discretionary powers without adequate guidelines will be fatal in later stages. In a system as corrupt as ours, money clout and muscle power will always call the shots. And as long as the woman stays a puppet or pawn in the hands of her male relatives, she will always be manipulated and used.

We have women in our society who will use the Act for their own benefit, may it be to spite their husband or in-laws. The power given to a woman under this Act is to such an extent that, it can be misused by a woman herself.

Incase a husband or for that matter any relative in a moment of frustration yells at the lady in Question, she can approach the court, however miniscule the said word be. Or as the Act defines D.V as, “deprivation of all or any economic or financial resources.” If the woman in Question does not get the desired material object may it be gold or silver would the same amount to D.V? of course it can be construed to be D.V. how is a court going to decide if the woman has come with a legitimate complaint if no enquiry has been made prior to the hearing? Can justice be delivered in such cases?

The Act in itself is vague, vast and expressive; it brings every act done under the purview of D.V. Under this Act, any act can be said to have been done without any evidence to prove it. If all innocuous acts done are brought to the court seeking justice, women falsely alleging to have been abused by relatives will lead to piling up of cases, leading to backlogs. Having portrayed this scenario is it right to say justice will be delivered?

This Act also provides for protection of women, may it be a girl, a wife, a sister. In all it is for the benefit of one gender. In all the dowry cases we come across, the prime accused is the mother in law/ sister in law, in cases of feticide; we see that the same woman wants a male child! When a woman cannot respect herself in such circumstances an Act for her would lose its spirit. Therefore the need is to begin at grass roots. EDUCATE the men and women about their rights and consequences of violation of their rights by anyone. Without knowledge, proper action cannot be taken and implementation will not be fruitful. Therefore education is the first step. Also the principles of Natural Justice must be looked into. Arrest without warrant or enquiry is a clear violation of PNJ. Further the Act clearly violates of Article 14 of the Indian constitution. It is overwhelmingly gender biased in favor of women, the potential for misuse is astounding and the definition of D.V is too wide.

It makes it very easy to escalate domestic problems to such a level that it eventually leads to a break down of marriage. Once a man is arrested for a relatively minor offence, perceived insult, he will perpetually feel threatened by his partner and that is the beginning of the end.

The second question is – Are only women the victims in domestic violence? Aren’t men subjected to the same? The Act’s negative effect would empower violent behavior on the woman’s part. We have provisions under the Indian Penal Code to protect a woman from her husband and relatives under Section 498A, but does a man have such protection?

Socially this law will increase the number of broken homes, with children ultimately paying the price. Morality will be lost, men will fear relationships, and the very institution of marriage might be lost. India thrives on Hindu Joint Family, picture this- A new young bride files a case of mental and physical abuse against the rest of the household, the household gets arrested and the bride will relish the end achieved by her cunning means. That was the urban scenario. In the rural areas women will continue to bear the torture with no resources to help her…