Protective legislations for women in India and PWDVA, 2005 – an analysis of Guwahati city
By: Bidisha Bora, Assistant Professor, Department of Political Science, R G Baruah College, Gauhati University, Assam, India (e-mail: saikia_bidisha03@yahoo.com ).
Abstract
This research paper will try to highlight the loopholes in the legislative provisions for women in the Indian constitution. Legislations for women have been there since the British rule. Independent India is not an exception. But some Indian customs and traditions set restrictions towards women ignoring them to be an individual. Social construct is such that women do not come out to speak about their plight in the public. Since independence, Indian women has got the right to vote and many rights enshrined in the constitution, but the violence against women in the private domain remained unseen in the legal provisions of the country. Many movements took place to make the violence against women in the private domain to get legal sanction. Anyways, women get much legislation under the Indian constitution for their protection yet none of these legislations have clearly considered domestic violence as a crime till 2005. The failure of the existing provisions to address the domestic violence as a crime has led to the implementation of the Protection of Women from Domestic Violence Act in 2005. This study is an attempt to analyse the awareness level about the act. This study will deal extensively with the legal
Reviews the amendments of the 1868 Indian Act, highlighting the conflicts of superiority of rights to Indian men over women. Discusses the avoidance of violence and discrimination against women within communities and the need for an equal relationship between genders
According to study done by researcher Abigail Weitzman, “women in India who have more education than their husbands, who earn more, or who are the sole earners in their families have a higher likelihood of experiencing frequent and severe intimate partner violence (IPV) than women who are not employed or who are less educated than their spouse” (Weitzman, 2014). Even women with higher education and jobs in India reported becoming victim of domestic violence. One reason Abigail mentions in her research was, “gender deviants”. Women with higher education were looked, as superiority to men and that is why men use more violence to gain power over women. To men in India, they always wanted to be superior to women in any way. They are head of their family and therefore, they are the one who makes all kinds of decisions, take over the control of their whole
Through, the years Domestic abuse and police arrests has impacted society because the police officers failed to provide equal protection towards women who are victims towards sexual abuse. Therefore, the policy reform was established to reduce crimes and political power. However, violent crimes have been categorized with higher rates of proscution.Women were not provided with equal protection against domestic abuse and increased the rate of victims who are incarcerated. Women who encountered domestic violence have been arrested for self-defense. Victims of domestic abuse have been physically forced and violently assault in order to take advantage of them and form authority over them. In order to understand the social world we need to include women experiences towards domestic violence and mandatory arrest in order to reduce crimes and prevent victims from being incarcerated.
The passage of the Mandatory Minimum for Domestic Violence Act is imperative to the health and well being of domestic violence victims. Victims are counting on the support of authorities to aide them in their time of need. It is the duty of those in the legislation as well as police force to protect those who need it. If someone is a victim of domestic violence, the criminal justice system needs to protect him or her. Empowerment of the victim is critical when trying to stop domestic violence and law enforcement and the legal system can aid with this step. The victims get the protection and security they so desire and the offender receives the punishment as well as the treatment in order to curtail the bad behavior. The aim is not to lock up
Violence against women has existed for centuries and women experience violence in many setting; however, domestic violence is the most prevalent. Abela and Walker (2014) explain that the women’s right movement took place because women were maltreated and oppressed (78). They state that the victimization of women was the reason why the second wave of the feminist movement arose. They also explain that during this time, laws in the Untied States allow men to hit their wives (Abela & Walker 79). Women from different cultures and different economic status have been victims of domestic violence. In this paper, I will focus on domestic violence against women from different cultures. I will present information about the history of domestic violence
The Indian Act is still considered to be an extremely invasive and historically paternalistic piece of legislation in that it gives the Canadian federal government the authority to regulate important aspects of aboriginal life that were once governed by the aboriginal people. This authority encompasses control over the political system, cultural and traditional practices, possession of land, and even goes as far as setting a criterion to be considered as a status Indian.
Domestic Violence is a major issue in today's rapidly changing society. Domestic Violence falls under the banner of Family law, which controls acts to do with family and marriage. This presentation will help to develop a clearer understanding of Domestic Violence and make evaluations and recommendations in determining the changes in the law necessary in today's society.
The women’s movement of 1970 lead to the creation of the Violence Against Women’s Act (VAWA). During this time period women came together to fight against rape, battering and other forms of violence. They fought for the prosecution of men who raped and abused women. They also advocated for steps to prevent rape, and to open shelters to protect women. In 1990, the Violence Against Women’s Act was introduced to the court system. After four years of debate the Violence Against Women’s Act was signed protecting women and children. (Criminal Justice)
Thesis statement : Domestic violence is a very important social issue because it has a large negative affect on the victims. Even though Domestic violence can be caused by either male or female it is usually caused by the male due to the large physical advantage. This essay will discuss the history of domestic violence, as well as explain the different types, and ways to prevent it.
INDIAN CRIMINAL LAW REFORMS FAVORING REFORMS FOR WOMEN IN SOCIETY – A CRITICAL STUDY OF THE JUSCTICE MALIMATH COMMITTEE REPORT OF 2003 AND THE JUSTICE VERMA COMMITTEE REPORT OF 2012 WOMEN
Traditionally, an Indian woman had only four roles and those were; Her role as a daughter, wife, sister, and lastly, a mother. The women in today’s time however are experiencing far reaching changes and are entering into new fields that were unknown to them. They are actively participating in social, economic and political activities. Unlike the older times, women today have received higher education.
In post-colonial India, electoral politics has been strongly influenced by caste, class, location and in few cases, indigeneity. The domination of a specific group – either economically or socially privileged or backward – in politics can alter the allocation of resources.
Using the provisions of the Republic Act 9262 otherwise known as the Anti-Violence against Women and their Children Act of 2004, the perception of the people is measured vis a vis the prevalence of acts of violence reported by women. If the people perceived the acts of violence against women as culturally accepted, it would follow that there is a high prevalence of violence experienced by
India has been grappling with the issue of Intimate Partner Violence for quite a while now. There are 2.24 million cases of crimes against women in the past decade alone (Indu, Remadevi, Vidhukumar, Subha & Anikumar, 2011). 66% of women have reported to experience some form of sexual harassment at some point in their lives. These statistics are reflection of the general mentality that pervades numerous sections of the society. Domestic households too are affected by these instances. Extensive research has highlighted the various risk-markers that make a woman vulnerable to intimate partner violence. There are numerous factors at play which operate at different levels- individual, community and contextual. Generally, intimate partner violence is most prominent in poor households and families that belong to lower socioeconomic strata (Kham et.al, 2015; Bassuk et.al, 2006; Sharma, 2011; George et.al, 2016). A woman’s education becomes an important tool to protect her from abuse. It has been observed that as the number of women getting
The overall prevalence of physical, psychological, sexual and any form of violence among women of Eastern India were 16%, 52%, 25% and 56% respectively. These rates reported by men were 22%, 59%, 17% and 59.5% respectively. Men reported higher prevalence of all forms of violence apart from sexual violence. Husbands were mostly responsible for violence in majority of cases and some women reported the involvement of husbands' parents. It is found that various acts of violence were continuing among majority of women who reported violence. Some socio-economic characteristics of women have significant association with the occurrence of domestic violence. Urban residence, older age, lower education and lower family income are associated with occurrence of domestic violence. Multivariate logistic regressions revealed that the physical violence has significant association with state, residence (rural or urban), age and occupation of women, and monthly family income. Similar associations are found for psychological violence (with residence, age, education and occupation of the women and monthly family income) and sexual violence