Domestic violence is common in India’s male-dominated society. At some point in our lives, we have all been subjected to it in some form or another, Even the Gujarat High in the case of “Bhartiben Bipinbhai Tamboli v. State of Gujarat.” Stated that the domestic violence in this Country is rampant and several women encounter violence in some form or the other or almost every day. However, it is the least reported form of cruel behaviour. A woman resigns her fate to the never ending cycle of enduring violence and discrimination as a daughter, a sister, a wife, a mother, a partner or a single woman in her lifetime. This non-retaliation by women coupled with the absence of laws addressing women’s issues, ignorance of the existing laws enacted for women and societal attitude makes the women vulnerable. The reason why most cases of domestic violence are never reported is due to the social stigma of the society and the attitude of the women themselves, where women are expected to be subservient, not just to their male counterparts but also to the male’s relatives.
There were just a few remedies accessible to a victim of domestic violence before 2005. They might either proceed to civil or criminal court. File a divorce case, or go to a criminal court for the violation of Section 498-A of the Indian Penal Code (cruelty by the husband or his relative).
The Protection of Women from Domestic Abuse Act, 2005, which went into force in October 2006, is a highly promising piece of legislation that combines civil and criminal punishments to give effective remedies to women who become victims of domestic violence. The statute includes provisions for protection officers, medical facilities, and free of charge orders, among other things, to assist aggrieved women in defending themselves and their loved ones.
In any case, the Act isn’t free of certain issues. Clearly, the usage of the Act must be made more concrete. The Human Rights Observer has found that police do not take interest to register an FIR i.e., the primary step to starting a police examination, there are ample chance that the distressed individual is from a financially or socially in reverse community. Most of the household savagery, sexual viciousness, and conjugal assault cases in India never go detailed.. Issues like these ought to be illuminated so as to guarantee that ladies get the equity they genuinely merit.
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TEAM SIGMA LEGAL