For
the last day, Prajnya organized a symposium, Outlawing Gender
Violence, for legal professionals and students. Sexual Harassment,
Sexual Assault and Violence and Domestic Violence were some of the
key issues that were discussed.
What
Laws govern Domestic Violence in International Law?
The
Convention on the Elimination of Discrimination against Women, or the
CEDAW, deals with Domestic Violence. Article 2 speaks of
comprehensive state obligation to eliminate discrimination against
women, while Article 5 speaks of the elimination of prejudices and
practices, based on the stereotyped roles of women and men, and
Article 16 elaborates on the elimination of discrimination against
women in marriage and family relations: equality of women and men,
same rights and responsibilities.
What
Laws govern Domestic Violence in India?
In
India, the Protection of Women from Domestic Violence Act, 2005,
primarily governs Domestic Violence. In addition, and Section 498-A
of the Indian Penal Code, 1860, which speaks of cruelty, is also
relied on.
What
does the Protection of Women from Domestic Violence Act, 2005 say?
The
Act covers women who are or have been in a relationship with the
abuser where both parties have lived together in a shared household
and are related by consanguinity, marriage or a relationship in the
nature of marriage, or adoption. It also includes relationships with
family members living together as a joint family. Women who are
sisters, widows, mothers, single women, living with the abuser are
entitled to legal protection under the Act. It affirms a woman’s
right to secure housing, and asserts the woman’s right to reside in
the matrimonial or shared household. The Court is empowered to pass
protection orders that prevent the abuser from aiding or committing
an act of domestic violence. Domestic Violence is punishable with
imprisonment for a term that may extend to one year with a fine, or
both.
What
does Section 498-A of the Indian Penal Code, 1860 say?
Section
498-A deals with four kinds of cruelty by a husband or his family
towards a married woman: conduct that is likely to drive a woman to
suicide, conduct which is likely to cause grave injury to the life,
limb or health of the woman, harassment with the purpose of forcing
the woman or her relatives to give some property, or harassment
because the woman or her relatives is unable to yield to demands for
more money or does not give some property. The punishment is
imprisonment for a term up to three years and a fine.
No comments:
Post a Comment