India's "Domestic Violence Act"
A Study Report Compiled by Rudolph D'Souza and Others
For centuries in
The worth of a civilization can be judged from the position that it gives to
women. Of the several factors that justify the greatness of Hinduism's ancient
culture, one of the greatest is the honored place ascribed to women. Manu, the
great law-giver, said long ago, "Where women are honored there reside the gods." According to ancient Hindu scriptures, no religious rite could be performed by a
man perfectly without the active participation of his wife " his wife's
participation being essential to any religious rite. Married men could perform
sacred rites on the occasion of various important festivals only when
accompanied by their wives. Wives are thus befittingly called 'Ardhangani'
(better half). They are given not only important but equal position with men
(Source http://www.bu.edu/wcp/Papers/Huma/HumaSing.htm
by Dr. Ms. Rekha Singh of M.D.D.M. College.
According to the Indian Domestic Violence Act:
Domestic violence can be defined as a pattern of behavior in any relationship
that is used to gain or maintain power and control over a female partner. Abuse can be physical, sexual, emotional, economic or psychological actions
or threats of actions that frighten, intimidate, terrorize, manipulate, hurt,
humiliate, blame, injure or wound the female partner. Domestic violence can happen to anyone of any race, age, sexual orientation,
religion or gender " except to males. It can happen among couples who are
married, living together or who are dating. Domestic Violence affects people of
all socio-economic backgrounds and education levels. A woman may be in an emotionally abusive relationship if her male
partner: And also... a woman may be in a sexually abusive relationship if her partner:
1.Views women as objects and believes in rigid gender roles.
By contrast, the Indian Domestic
Violence Act specifically and clearly exculpates women from being prosecuted as
the principal accused of Domestic Violence, excepting mothers, sisters, etc. of
the accused man being prosecuted as abettors etc., and also specifically
provides that the prescribed reliefs, such as maintenance, restraining orders,
can be obtained ONLY by a woman and NEVER against a woman! These rules which are set out in the Indian Domestic Violence are totally
biased, and work, not to protect the institution of marriage and families, but
to break marriages and families, giving ample opportunities for misuse, with no
remedial measures provided for. Together with the so-called "Section 498 (A)" of the Indian Penal Code and
the associated amendment to the Evidence Act, these legislations have resulted
in widespread misuse and social malaise. Additionally, under
these legislations, the indirect sufferers will be women in majority of the
cases, as daughters-in-law file case against husbands, mothers-in-law and
sisters-in-law. Homes and relationships cannot be run by State terrorism and force. Money
can't make any one happy, otherwise, no one would have yearned for family and
friends and children. Women can not both obtain "relief" and also retain relationships by taking
recourse to these legislations, a fact that should be fully understood by one
and all. The relationship between men and women is by heart
and voluntary, otherwise, it results in
prostitution.
The
Indian Domestic Violence Act
1.Calls her names, insults her or continually criticizes
her,
2.Does not trust her and acts jealous or possessive,
3.Tries to isolate her from family or friends,
4.Monitors
where she goes, who she calls and who she spends time with,
5.Does not want her to work,
6.Controls finances or
refuses to share money,
7.Punishes her by withholding affection,
8.Expects her to ask permission,
9.Threatens to hurt her,
her children, her family or her pets,
10.Humiliates her in any way.
A woman may be in a physically abusive relationship if her male partner
has ever:
1.Damaged property when angry (thrown objects, punched
walls, kicked doors, etc.).
2.Pushed, slapped, bitten, kicked or
choked her.
3.Abandoned her in a dangerous or unfamiliar place.
4.Scared her by driving recklessly.
5.Used a weapon to
threaten or hurt her.
6.Forced her to leave her home.
7.Trapped her in her home or kept her from leaving.
8.Prevented her from calling the police or seeking medical attention.
9.Hurt her children.
10.Used physical force in sexual
situations.
2.Accuses her of cheating or is often jealous of her outside
relationships.
3.Wants her to dress in a sexual way.
4.Insults her in sexual ways or calls her sexual names.
5.Has ever forced or manipulated her into to having sex or performing
sexual acts.
6.Held her down during sex.
7.Demanded sex when
she were sick, tired or after beating her
8.Hurt her with weapons or
objects during sex.
9.Involved other people in sexual activities with
her
10.Ignored her feelings regarding sex.