Wednesday, March 21, 2007

A ray of hope

Domestic Violence Act-A ray of hope

To me the act is noteworthy because for the first time in India the term ‘domestic violence’ has been magnified, broaden, amplified and strengthened from the regular dowry deaths to positive civil rights of armor ,defense and command .still the most crucial test lies in the implementing of the act
No doubts the Act is significant and by passing of the Domestic Violence Act (DVA) it is an important indicator in the history of the women’s movement in India, which has tackled the problem of domestic violence for well over two decades. This endorsement sets free the movement from the malaise that has long plagued it, of attributing all categories of violence, women have tolerated and suffered within their families and amplifying the scope of the term ‘domestic violence’. It acknowledges that domestic violence is a widely prevalent and universal problem of power relationships, more than the culture specific phenomenon called ‘dowry death’. More importantly, it marks an exit from the penal provisions, which hinged on rigid punishments, to positive civil rights of protection and injunction. While celebrating this, it is also an apt moment to take a breather and reflect on why and how several pro-women legislations in the past have been futile and ineffective to protect women. It is the time and an opportunity to scrutinize and analyze what is new in this act that sets it apart. What is it that hoists this act and elevates this over all the pro-women legislations of the past two decades and to raise some uncomfortable questions? Do we know the outcome of the act? How will it unfold 10 years down the lane or is it another going round the circles? Are we going round in circles and entangling ourselves in further legislative entanglements? Can we predict the myriad directions in which the Act will unfold in years to come? I’m not suspicious or incredulous but watching and reading history, dearth and lack of women friendly acts are evident .
Implementing the act is like who will bell the cat situation. Making this act known and relevant is a frightening task. Besides state capitals and metros the act of this sort does not exists. The rural area is unaware. So the responses are polarized with one section fearing its misuse by an elite class in metro cities and another segment predicting its futility for the mass of rural women saddled with the yoke of patriarchy to which courts are as yet alienDelinking Domestic Violence
The scope of this act is tremendous. It will benefit millions of women in our country hopefully there will be greater credence and acceptability to women’s testimonies. The wide definition of domestic violence - physical, mental, economical and sexual - brings under its purview the invisible violence suffered by a large section of women and entitles them to claim protection.

This enactment once upon a time which was intended to provide less formidable judicial fora, which would respond with greater sensitivity to the needs of women facing matrimonial problems,. What is it that makes us believe that the newly enacted DVA would change the equations and bring respite to women trapped in violent marriages, I find its single most significant achievement is the widening of the scope of protection against violence beyond the category of ‘wives’ and extending it not only to mothers, daughters and sisters but also to women in informal relationships. Aged women, unmarried girls and widowed / divorced sisters can now seek protection from their relatives.

The Act opens up new doorways of hope