SYNOPSIS OF PARLIAMENT DEBATE ON

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE BILL, 2005

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THE MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT (SHRIMATI KANTI SINGH) moving the Motion, said: Domestic violence is a form of human rights violation and is an impediment in the development of women folk. A number of countries have formulated laws in order to check this violence. The domestic violence against women is the most deplorable violence committed against the women as it is perpetrated none other than their family members. They fail to raise their voice against such exploitation because of social and family pressures, therefore, their protection further becomes difficult to undertake. Our Government is committed to provide protection to women against this domestic violence by enacting this Bill. Such law is necessary to provide immediate assistance in case of any violence against the women. We are also aware that such provisions are not existing in any other Penal Code. This Bill becomes more important since there is no provision in any Penal Code. Under the definition of domestic violence real ill treatment or physical, sex, verbal, emotional and economic ill treatment has been included in the present Bill. This Bill also provides the women to have their say in property irrespective of the fact whether they have the ownership rights or not. I do hope that the hon. Members will support unanimously as it had enough discussion during the course of its formulation and it also include the recommendations of the Standing Committee.

 

SHRIMATI SUMITRA MAHAJAN initiating the discussion, said: Women is the pivotal point when we talk about the entire family. Every member of the family revolves around the woman. But we are also aware that the condition prevailing within their house is not always good. It seems that we have never thought how to strengthen the democracy of our house. Therefore, there is need to think seriously in this regard. It is a fact that women undergo a lot of pain and affliction to raise their family members. It is also true that our biased thinking towards them start at the very conceptual stage. It is also said that woman is someone else’s property which forced them to think about their very identity or existence.

 

This is the condition of women in today’s home. Therefore, it is necessary to protect them from this type of domestic violence. One of the silver lining of this Bill is that it not only comprise physical attribution but also mental exploitation. The hon. Minister have stated to appoint protection officer alongwith the service provider in this Bill. It is indeed a noble thought if such institutions work as an elderly persons in the form of service provider. But while doing so, the hon. Minister has to see that the work of this service provider and protection officer do not overlap each other. We are providing justice to the women as per the law but in the real sense they are devoid of getting justice. Hon. Minister has also stated to put sensitization and awareness camps which has to be mandatory. The hon. Minister had made a provision in this Bill to provide justice within 15 days of filing report and also stated that its first hearing will be taken within 60 days. But while doing so, we cannot be oblivious of the present conditions in the courts? Therefore, she has rightly been said to establish special courts for this purpose. Alongwith it I do request to appoint a senior ranking officer as a protection officer. It has normally been seen that Collector is the Chairman of almost everything in the district. He has a court unto himself. Therefore, it is a difficult task for him to give adequate time for each and everything. The hon. Minister has to take care of these facts while formulating the rules. I mean to say that if you make D.M. or Collector as a protection officer, then they should also ensure that they have enough time to perform their duty well. The protection officer should also be empowered in such a way so that the order given to any shelter home or medical officer should be adhered in toto. In spite of the fact that women do 73 per cent of the household work, its economic valuation has never been undertaken. Therefore, there is need to give due recognition to them.

 

We know that a woman can only understand the pain of other women. As has been stated that women will get their due in the household shares. While doing so we have to see that the right of married women should not be compromised and their rights are not divided. When we talk of domestic violence, we should also take care of those large chunk of maids who work in houses. The domestic violence perpetrated on these maids do not come under the purview of this law. The hon. Minister have talked about the domestic relationship but it does not include these maids. Therefore, it is necessary to think about them as they are also the victims of such domestic violence. I do believe that being a lady hon. Shrimati Kanti Singhji will consider it favourably.

 

SHRIMATI D. PURANDESWARI : This is one of the most important legislations which have been brought up since independence. Domestic violence today is a global phenomena, which is on the rise. There are various forms of violence but ultimately the purpose remains the same. Domestic violence is the most pernicious and most insidious form of violence. Our womenfolk suffer in silence because of the social norms and also because of her economic dependence on the perpetrators of the violence. It is this ‘seeing yet unseeing’ attitude which is making the existing laws very ineffective.

                                                                                                                     

The Protection of Women from Domestic Violence Bill has been presented as a civil law, which a woman can take recourse to whenever she is subjected to violence. It is welcome measure that the custody of the children is being granted to the mother. In-camera proceeding, should be made mandatory only if the aggrieved agrees. Magistrate should be made available within and outside the court hours and also on days which are not court days. Protection of the officers, who are service providers, is very important. Appointment of the Protection Officers should be done with great discretion because they are entrusted with very wide-ranging powers and these powers can be also misused and sometimes even abused. This Bill would bring in a major change in the social status of the women.

 

SHRIMATI MINATI SEN : Domestic violence not only adversely affects the health of a woman it can also cause temporary or permanent disability. There are certain provisions in the articles 14, 15 and 21 of the Constitution. They should be properly implemented and that is the objective of this Bill. There has been a 271% increase in the incidents of domestic violence from 1989-99. Only one law cannot eradicate the problem. People have to be made conscious about this. Women should be given education, training so that they can become economically independent. But before appointing the Protection Officers one should be very cautious. If they don’t have a clear outlook the victim will not get justice.

 

SHRI SHAILENDRA KUMAR : So far as atrocities on women is concerned, whether it is a case of dowry or rape or foeticide etc., there are sufficient provisions in the criminal law of the country under section 498(a) etc. of the Indian Panel Code. The need of the hour is to impart proper education, particularly vocational education to the women so as to make them self-reliant. In that case, there should be no need for such a Bill. Utmost care needs to be taken to see that the provisions of this Bill are not misused. Today, there is no law against obscenity. The objective of this Bill can be attained only if we take recourse to our ancient civilization rather than emulate the western civilization. It is terrifying to visualize the shape of a society in which the provisions of such a Bill are misused for setting score on trifling incidents involving routine domestic differences.

                                                                                                    

SHRI ALOK KUMAR MEHTA : Under the present legal dispensation, there are sufficient provisions to deal with the cases of atrocities on women under different sections of the IPC or Cr.PC but there are also some escape routes available. Therefore, it was necessary to bring such a Bill which is a very relevant Bill. However, I would conclude with a note of caution that there is need to ensure that the Bill is not misused. (Speech Unfinished)

 

Discussion not concluded

 

 

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PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE BILL, 2005 – Contd.

 

SHRI ALOK KUMAR MEHTA continuing, said : All the great leaders and social reformers in the country have advocated granting of equal status to women. This should not be construed as a struggle between men and women. Such an arrangement should be made all over the country. There is a need to actively involved voluntary organisations in this regard. Atrocities against women can be checked through increased social awareness. In the Bill, provision should be made to ensure registration of complaints of women belonging to economically and socially backward classes. For them, pre-advocacy arrangements should also be made.

 

SHRIMATI M.S.K. BHAVANI RAJENTHIRAN: Though the Bill clearly states all the protective measures against domestic violence yet we feel sorry to say that in practice it is not so. We all very well know that in ancient times, women were given very honourable position and treated with great respect. But in the middle period, the women were ill treated. Though the Bill at documentary level is so good yet the implementation is the only key to get an assured success. I would like to suggest a concept based on three As – Awareness, Authority and Action. With the cooperation of State Government, our Central Government should create specific authority legally empowered to rescue the women whenever atrocities against women are reported. Special police force should be formed exclusively to look into the difficulties which are caused to the women out of domestic violence. Further I would suggest that at the national level, persons should be honoured who have made special and notable contributions in liberating women socially. The Government should form a committee at the village level for the successful implementation of this most important Act, to save women from domestic violence and also encourage Self-Help Groups.

 

SHRIMATI ARCHANA NAYAK: The Father of the Nation, Mahatma Gandhi said that ‘a society should be judged according to the way in which it treats its women and its minorities’. Therefore, the problem that this Bill addresses is very fundamental. Domestic violence against women happens not only in the slums but also in the apparently civilised homes of the educated middle class families as well as in the well-protected mansions of the rich and the powerful. Domestic violence against women is not confined to marital relationship alone. Further language can be a very destructive weapon of violence. There have been instances where the parents and the brother force the grown up unmarried girl in the family into prostitution to earn money. I suggest that stringent provision should be made in the present Bill to punish such culprits. Disabled women suffer from a double disadvantage. Many women, who are physically or mentally challenged, have been sexually abused by close relatives. I, suggest that there should be a special provision in the Bill to award maximum punishment to such perpetrators of violence. Further laws alone are not enough to counter domestic violence. We need to strike at the root cause of such violence. As a society we need to internalize the basic moral idea that human relationship is not a form of property ownership and gender ethics should be made a compulsory course in our school curriculum.

 

SHRIMATI KIRAN MAHESHWARI: I hail from the area which is predominantly inhabited by the tribals and even there atrocities are inflicted upon women. It is a bitter truth that even in civilized society women are subjected to domestic violence and it is wrong to presume that such incidents take place only in rural or tribal areas. All the good provisions have been made in the Bill but it should be ensured that these are not misused. As far as possible women should be appointed as Protection Officers. Another good provision is regarding setting up of shelter homes. Even in hundred percent literate State of Kerala, violence against women is continuously increasing. Some women are of the opinion that in case of domestic violence, action must be definitely taken. In the Bill, a provision has been made to punish the perpetrators of violence against women even if they are related to the victim and stay in the same home. For the upliftment of society, it is necessary that both men and women work in tandem and this will help in empowerment of women. In India, it is always mentioned that society is male dominated but it would be better if women are given the status of associate and not of competitor.

 

SHRIMATI KRISHNA TIRATH: Violence against women starts from home itself. At present both men and women worship Goddess Durga and I hope this Bill will enable that women are worshipped both within and outside the homes.

 

The Indian Constitution has given equal rights to both men and women. It is necessary to make women more powerful to deal with the atrocities committed by the husband or other members of the family of the women. All these aspects have been covered under this Bill which will make women more secure and powerful. This Bill would put to an end the violence committed against women inside the house. Alongwith this, I would like to give one suggestion that not only the domestic violence but the violence committed outside the house should also come to an end. Dowry exploitation, sexual exploitation and other thousands types of exploitation of women in the society, all this should come to an end. In addition to this, the women in the tribal areas are stoned to death after branding them as witches. The provisions should be made under this Bill to check all such atrocities. In Delhi itself, 525 cases of rape have been registered. In such cases, only death sentence can prove to be an effective deterrent. I would like to give two-three suggestions on this Bill. The aggrieved women should be given free legal aid by the Government. Rehabilitation Centres should be set up for the Women rendered homeless and they should be given full maintenance allowance.

 

SHRI MITRASEN YADAV: I am aware of the factors responsible for the exploitation of the women. Women are the victims of economic dependence, discrimination in respect of inheritance of ancestral property, illiteracy, evil practices, foeticide and desertion. Only legal provisions are not enough to save her from these evils but we have to create awareness in respect of our culture, civilization and humanity. Some such institutions should be started in our society which could alleviate this inhuman, cruel and discriminatory treatment meted out to the women in our society.

 

SHRI C.K. CHANDRAPPAN: It can be termed as a historic Bill. So far as there is no legislation in our country which explains or defines what is domestic violence. It will help to protect the rights of the women when they are attacked even in the privacy of their homes. But, when we are supporting this legislation, we have to think also whether the legislation is enough to protect the rights of women. The constitutional provisions are mentioned in the aims and objects of this Bill. But the more important thing is perhaps the social awareness, particularly the social awareness of the concerned sections. It is another fact that there should be a political will on the part of the rulers to support the women and those who are suffering. If these three things are combined, namely, the social awareness, the political will, the awareness of concerned sections, then probably this legislation will be more effective in protecting their rights.

 

SHRIMATI NIVEDITA MANE: The physical and mental violence perpetrated against the women is the burning issue of the day. It is a matter of deep concern. The process of violence in the life of a women starts with the female foeticide itself. The desire to have a son had been prevailing in the every period of our society but in this period of universalisation this desire has become more dominant. A women is the honour of the house. This Bill will make her more strong mentally and psychologically. She can perform well if she is given legal protection. Our Party President of NCCP Shri Sharad Pawar as The Chief Minister of Maharashtra in 1994 had waived off the court fee for the women in the family matters like divorce. It has become essential today for the Government to work more in the field of education, health and social justice for women. An educated self-reliant and healthy woman need no such legal protection. I would like to draw the attention of the Government towards one more important issue related to media. The manner in which the women is depicted in media like radio, television, newspapers and magazines needs to be changed. The Government have to take strong measures in this regard. I wholeheartedly support this Bill brought to end the domestic violence against women.

 

SHRIMATI JAYAPRADA : Atrocities are committed on weak sections of the society. Females always serve their family in every form of relations. Laws have been formulated to check atrocities on women. Several provisions are made in laws but so far we have not got success to change mindset of society. Untill mindset of society is changed such atrocities will continue. It is necessary to make women self-reliant. To provide education to girls in rural areas is very necessary. I would like to request that it is necessary to make changes in laws and police set up. Strict action should be taken against officer who commits atrocities against women. It is a sensitive Bill. There are chances of its misuse. Marriage institutions should not be misused. The Society has to work for upliftment of females.

 

SHRI L. RAJAGOPAL : Domestic violence is a serious crime against society. Not only women but also children under 17 should be protected against domestic violence. Though widely prevalent, domestic violence is rather neglected in our country. The city scenario is worse than that of rural areas where there are Panchayats, or village elders who come to rescue or negotiate in case of acute domestic violence. Whereas the life of a battered women behind their doors in city doesn’t come out as everybody lives in isolation.

 

About 74.8% of the women who reported violence have attempted to commit suicide. Surprisingly incidence of sexual violence is found among highly educated men. A study, reveals that 40 per cent of women were dead by the time their families came to lodge complaints against their violent husbands. The basic problem with the present laws dealing with domestic discord and marital abuse is that instead of providing effective remedies through civil laws, the whole matter has been put under the jurisdiction of criminal laws, with every draconian provisions to make their implementation stringent. That is what scares many from approaching the police or the courts for protection. To bring down domestic violence the police force should play a vital role. For this purpose the individual police person should possess knowledge of the Act and an understanding of the process of domestic violence. I am sure this new law will tackle and punish the perpetuator of heinous crimes against women.

 

SHRIMATI C.S. SUJATHA : It is a very important Bill. I feel that the introduction of the Bill is a timely step taken by the Government. This Bill, is a sigh of relief to the lakhs of women across the country who suffer. The term ‘domestic violence’ is not defined under the Indian laws. The remedies that are available in the civil laws of divorce on the grounds of cruelty and the criminal laws that are directed towards the punishment of offenders are both inadequate. It is a fact that domestic violence is prevalent and rampant. There is no effective legal mechanism through which the victim could seek redressal of her grievances. The women are blackmailed into withdrawing the cases on the question of custody of the children. Although the Bill is comprehensive and it will benefit the women in the country in a big way in dealing with domestic violence, it is doubted that some of the provisions in the Bill would not be in the best interest. The appointment of protection officer will not bring the desired effect. Another lacuna in the Bill is that only the registered NGOs are granted the rights to provide services to the aggrieved. Our experience is that merely making legislation would not make much difference in the ground realities. It is imperative to ensure sincere implementation of the law to get the real effect of law.

 

SHRIMATI NEETA PATERIYA : This Bill is a welcome step unless it is implemented properly. The Government has formulated law to check domestic violence on women and it has shown its consideration over this issue. Women are not safe at home or at public places. Women suffers to keep her family happy. Atrocities are committed on women in male dominated society. It is a blot on any cultured society. The society has to changes mindset to maintain respect of women and check violence against her. The cases of violence against women occur in urban and middle class families more. There are no schools in rural areas to impart education to women. Schools should be set up in rural areas. It is shameful that the cases of atrocities are increasing in the country.

 

Media is also not far behind in distorting the image of women. Attention should be paid towards it and stringent laws should be enacted in this regard. This is one shortcoming in the proposed law as there is no mention in it as to who would be the protection officer? There is a provision in this Bill that the oppressed women can file a case against her husband or relative but no other women of the family has the right to file a case against the oppressed women. I urge the hon. Minister that such rules should be framed that other women do not suffer injustice. There is one more provision that after the dispute, the facility of living in the same family or home has been given but how would it be possible if the house is small? Such laws should be enacted and implemented properly so that women can live safe. Law should connect the families, not break them.

 

SHRIMATI TEJASWINI SEERAMESH : This Bill would help give some consolation to our women folk. In 2002, NCRT Report says that 36.1 per cent crimes against women pertain to domestic violence.??(false)  NFHS Report says that one out of five married women in India have experienced domestic violence since the age of fifteen. The common forms of violence against women include female foeticide, domestic violence, dowry death or harassment, mental and physical torture, sexual trafficking and public humiliation. Children are also affected by domestic violence. Children also copy the violent behavior as they grow adults. This leads them to become violent criminals. If a husband is torturing his wife, can we bring some one to witness that incident? It is something inhuman. There must be some remedy for that. The culprit rapes a girl. In the name of interrogation, she is asked to narrate the entire incident. This should be stopped. All these things should be addressed properly in this Bill. ???Study states that in 2002, 45 per cent of the Indian women were slapped, kicked or beaten in the presence of husbands.???? India has also the highest rate of violence during pregnancy. Women are helpless human beings in this world. I would request you to correct the system, empower women with financial and social strength. Then only, we can bring equality and end all the violence that is perpetrated on women.

 

 

 

SHRI ANANT GUDHE : Atrocities on women are on rise day by day. Often it is found that a woman is behind committing atrocity on a woman. Therefore, This Bill should pay attention towards this issue also. Since the launching of the new private T.V. channels, most of the serials being telecast show atrocities on women. Such T.V. serials should be banned. It has been the long pending demand that there should be separate police stations for women and women should be recruited in the police. There should be a court in each district, where the cases related to the atrocities on women are taken up, there should be woman lawyer and the trial should be in camera. Until and unless it is done there will be no use of bringing this Bill.

 

DR. R. SENTHIL : This Bill, has very comprehensively defined violence. But one thing has not been mentioned, and I would like to mention it now. Forcing a woman to undergo abortion – a selective abortion – that has to be considered as violence. Again forcing a woman to have a sterilization operation against her will – is not right. The Bill says that all the Protection Officers have to be women. I Welcome this step. Law is not the only answer to domestic violence against women. The society, the religion and we all collectively have to be very sensitive to this issue. The protectors and the service providers mentioned in the law should all be extremely sensitive to this issue. They should not mechanically approach this problem and they should know that after the quarrel, women have to go back and start a family again.

 

SHRI M.P. VEERENDRA KUMAR : Domestic violence is taking place on women from time immemorial. Whenever we talk about liberation, it is not mere words that will give women liberation; there should be some content also. They could be liberated when they are given equal rights of property, and also when they are protected from gender discrimination. Liberation of women should be a part of the social campaign. The Political parties must take this task.

 

SMT. JAYABEN B. THAKKAR : This Bill is going to provide protection to the women, victim of domestic violence. Woman is an embodiment of pity, love, affection and tolerance but if need be to provide her protection, stringent laws should be enacted so that she can have some sort of support.

 

SHRIMATI P. SATHEEDEVI : This Bill is a significant advance in providing the battered women access to legal protection and relief from violence within home. The proper implementation of this law will contribute to arresting the rising graph of domestic violence in the country. The definition of aggrieved person who can take recourse to legal protection has been enforced such that it covers the wife or any woman who has been a domestic relationship with the respondent. This definition, unfortunately, excludes the children. In some cases, the children may be the worst affected persons and victim of violence. The appointment of Protection Officer mandated under the Bill can prove to be counter-productive. Appointing intermediaries leads to bureaucratic delays, increases the scope for corruption as well as gender biased. The restriction on service providers as organizations registered for this purpose prevents other social organizations or individuals or groups from interceding on the victim’s behalf. This provision is also open the misuse by the Police.

 

SHRIMATI SANGEETA KUMARI SINGH DEO : I would like to seek a clarification from the hon. Minister. Does the jurisdiction of the Bill extend to our Indian women who are married to non-resident Indians abroad? Secondly, by recognizing the existence of other women, we are not doing justice to the legitimate spouse of the man.

 

THE MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT (SHRIMATI KANTI SINGH) replying to the discussion, said : Despite getting widespread support from all sections on the ‘Protection of Women from Domestic Violence Bill, 2005’, many Members have raised an apprehension that this Bill might breach the trust on which the relationship of a husband and his wife is built in a family. But the fact remains that the cases filed against domestic violence are far less in proportion to such incidents taking place. The aim is to provide succour to a woman to seek justice when she is driven to the wall and the cup of her patience overflows. Thus, through this Bill, an effort has been made to provide justice to the oppressed and exploited women, confined to the four walls of her house and suffering atrocities at the hands of her own kith and kin. There is a need to instill a sense of self-confidence and self respect in her by protecting her from harassment and exploitation both within her house and outside.

 

It was suggested that we should be cautious in appointing the Protection Officers. I would like to assure the House that we will keep this suggestion in mind while framing rules under Section 37 of this Bill. We will also provide for increasing the working hours of the Magistrate. Section 11 of the Bill provides that training will be imparted not only to the police officials but also to the Judicial officials for sensitizing them and creating awareness amongst them. The issues regarding grant of concession to the Service Providers, curbing illicit relationship within the family and appointment of intermediaries have been widely covered in this Bill under Sections 10(3), 2(f), 3(a) and 12 (1) respectively. The definition of family relations under Section 2(f) also includes incestuous relations and sexual harassment has found place in the definition of domestic violence under Section 3(a). Free legal assistance has been provided for under Section 5(d) of this Bill. Section 20 mentions about the financial assistance to be provided. Section 22 covers the provision of compensation to the victim. Under Section 9(1)(f), there is a provision of rehabilitation centers in the shape of Saral Griahas. This Bill also covers the handicapped and disabled women. The State Governments will bear the expenses to be incurred on the Protection Officers. Only Indian women, residing in the territory of India are covered under this Bill. The non-resident women, barring the State of J&K, do not come in its domain. The Bill does not intend to give any legal protection or property rights to the ‘other woman’.

 

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