Intimate relations

The new law on domestic violence needs to be protected from potential saboteurs

The recently notified Protection of Women from Domestic Violence Act DVA stands out as a model law. It shows the importance of involving stakeholders in the making of laws. Most of our laws are full of loopholes which are exploited to the hilt. In this case, women8217;s organisations and the legal organisation, the Lawyers Collective, were actively involved in drafting the DVA. We have a clear and concise law, as a result.

Anyone who has engaged with trying to help a woman victim-survivor of domestic violence can attest to the inadequacy of existing laws. That is why many women facing abuse have begun to file cases under the new act. Take Natasha name changed from Chandigarh. Her matrimonial dispute is pending before a judicial magistrate in Chandigarh. Generally, if a case has been filed in any court, a person is barred from seeking any other judicial forum. A little noticed but remarkable feature of the DVA is that regardless of other pending proceedings, it allows you to seek relief under it, as Natasha is now planning to do.

The comprehensive definition of domestic violence appears clearly based on the actual experiences of woman. Harm or injury to both physical and mental well-being are included in the definition. Physical abuse, sexual abuse, verbal-emotional abuse and economic abuse are specifically mentioned as part of domestic violence. An extraordinary feature is the inclusion of 8216;forcible sexual intercourse8217; as domestic violence. Criminal law in India does not regard forcible sexual intercourse of a man with his wife as rape.

Care has been taken to define 8220;economic abuse8221; so that a woman is not harassed by being deprived of her financial resources or the necessities of life. Disposal of household effects, alienation of assets, non-payment of rent, restrictions to continued access to facilities of the shared household are all counted as economic abuse. The DVA also gives every woman in a domestic relationship, irrespective of whether she is the legal owner or not, the right to reside in the shared household. Incidentally, the rights under DVA are not to confined marital relations but are available to any woman in a shared household. A woman residing in her parental home or in a live-in relation is as much entitled to protection, as indeed a live-in domestic help.

There is a sizable section who thinks that the DVA is unfair to men. Similar sentiments prevail with regard to the anti-dowry law. Sexist biases may well lead to this law being perceived by police officers and judges as tilted in favour of women. This could result in a tendency to sabotage the legislation. Women8217;s groups should therefore remain vigilant and ensure that this does not happen.

The writer is a Supreme Court lawyer