Domestic Violence Redressal in India: Legal & Ethical Perspective

Abstract

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) was enacted to provide speedy remedies to women who are subjected to domestic violence. The de-legitimization of domestic violence has been significant change in India. When India seeks to progress in globalization, India cannot afford to ignore Gender equality being important constituent of development. Indian Constitution promises justice social economic and political, hence protection of women is part of achieving such justice. National Policy for women aims for Women Empowerment. No country can be deemed to be developed if half of its population is severely disadvantaged. CEDAW, the Beijing Platform of Action 1995, White Ribbon Campaign, and many other International and National mechanisms look ahead towards the country’s legal system to contribute in the process of empowering women.

Indian Judiciary in general and Supreme Court of India in particular, act like custodian of the Constitution of India. The final interpreter and guardian of the laws in India is Indian Judiciary. Laws are enacted by the legislators, implemented by the administrators and when problem arises, the third organ of our Constitution, judiciary helps in achieving social justice. There is ethical obligation on the judges to achieve gender justice and to maintain the ethical values generated by the constitution of India.

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At what extent judiciary maintains this promise has to be understood, hence this paper aims to study the judgments delivered by the Indian Judiciary and to observe the criticality in rendering the justice on the grounds of ethics and law.

Introduction

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) was enacted to provide speedy remedies to women who are subjected to domestic violence. The de-legitimization of domestic violence has been significant change in India. When India seeks to progress in globalization, India cannot afford to ignore Gender equality being important constituent of development.

A serious bridle to development of our country is Violence against the daughters. Domestic violence is a part of violence where the wounds are not visible at times as the perpetrators are near and dear ones. In Russia there is a famous proverb, because he loves you, he beats you. Indian society also believes in such misconceptions and what happens inside the doors, does not come out. There are many reasons for that, one of it being the social pressure and lack of legal knowledge.

Ethically today in this developing globalized economy, the daughters of our country should feel safe. The safety and rights of the women should be recognized and protected not only by the law makers and administrators but by the society also. The widely prevalent fact of domestic violence phenomenally on a large scale remains deceptive in public. The civil laws do not mention this type of crime. India being the signatory for millennium development goals, promised its daughters to make India violence free. National Policy was adopted in 2001. Hence in 2005 the legislative attempt evidenced that women will be protected from the violence happening at home. To avert domestic violence happening in society a new law was introduced named as “The Protection of Women from Domestic Violence Act 2005” Ethical assurance about equality, freedom and right to live with dignity is given by the Constitution of India. This law guarantees and attempts to fulfil this assurance by promoting Art. 14, 15 and 21 of the Constitution.

Unethical acts happen inside the doors of many families in India. Forced intercourse, forcing to look at the pornography or another obscene pictures or material, any act of sexual nature to abuse humiliate or degrade the dignity of a child or a woman and many more unwelcome conducts many women of all age, married or unmarried, children of any age and the adolescents, face on a regular basis. This includes verbal and emotional violence also. Many women and children accept insult as their fate. The social pressure is so high that they do not have any choice than keeping shut. Any woman or child in a domestic relationship with a perpetrator can seek the help of domestic violence Act for such unethical behavior and get the fundamental rights enforced.

The above table explains that India had registered 426 cases in 2014 and 461 cases of domestic violence in 2015. State of Kerala ranks highest in registering the cases in 2014. Wherein State of Gujrat has the lowest registration. The table shows very low rate of conviction. On the other hand, persons charge sheeted are more in all the states across is higher.

This shows the need of redressal of the cases is very high. The role of the Judges is crucial. Indian Judiciary is custodian of the Constitution. Legal and moral duties of the judges would impact the social justice in India. Hence this research works on judgements delivered by the higher courts. The ethical grounds being the foundation of the social justice would get enhance with the support of the judiciary. In the light of National Policy 2001 and MDGs Empowerment of women is possible when all the organs of the Constitution work in the interest of the vulnerable group of the society. Women Children need protection not only on ethical grounds, but also on the grounds of interpretation of laws.

Conclusion

Indian judiciary has shown a very strict adherence of laws and ethics in their judgments. Innocent women are protected and the appropriate actions against the guilty were initiated while interpreting the sections of the DV Act. Very strong aspect of our democracy is, we have independent and impartial judiciary. We consider the judiciary as a temple of justice. The judiciary is expected to show sympathetic, humane and independent impartial behavior in performing the duties assigned to it through the Constitution of India. The main purpose of DV Act is to provide speedy remedies to women who are subjected to DV. This law acknowledges a woman’s right to reside in a violence free environment. The cases studied in this paper show the sympathetic behavior towards the vulnerable women in the judgements. The summary proceedings and speedy relief is in the hands of the judicial authorities. In DV cases the landmark judgments delivered by the higher courts have become an example of Humanity. The woman who is in live-in-relationship also was awarded with the order in response to her claims. To conclude the study states that positive trends are shown by the judiciary in the judicial decisions delivered by them.

Bibliography and References

1. Defending women against Domestic Violence(2012)Majlis legal centre Mumbai.
2. Nutan Singh(2018)Dr. B.R. Ambedkar and his contribution in Women’s empowerment. ISBN 978-93-88162-38-8
3. Law and Management of Social Change” (2008)M.P. Dixit, Deep and Deep Publications Delhi.
4. http://www.legalservicesindia.com/article/214/Ethics-of-Judges-&-Judicial-Accountability.html
5. https://indialawyers.wordpress.com/canons-of-judicial-ethics/
6. https://indiankanoon.org/