Whether DV Act 2005, is a successful instrument to protect women from harassment?

Whether DV Act 2005, is a successful instrument to protect women from harassment?

The Position of women in modern India has been evolving and improving, but challenges persist. Indian society is diverse, and women’s experiences can vary significantly based on factors such as religion, region, socio-economic status, and cultural norms. Violence against women is on the national agenda. Is Government making frantic efforts to find solutions? The world has entered into a new millennium but from the dawn of civilization till date, the woman of the patriarchal society of India continues to be oppressed and ill-treated. She is dependent, weak, exploited and faces gender discrimination in every sphere of life. The gender- based violence that threatens the well-being, dignity and rights of women, extends across social, cultural, economic and regional boundaries. Overall progress has been made in advancing women’s rights and opportunities in modern India, but much work remains to be done. Addressing deeply ingrained social norms, improving education and economic opportunities, and creating a safe and inclusive environment for women are essential steps in achieving gender equality in the country.

Legal and constitutional rights: The Indian constitution grants equal rights to men and women. Several laws have been enacted to protect women’s rights, such as the Protection of Women from Domestic Violence Act, the Dowry Prohibition Act, and The Sexual Harassment of women at Workplace (Prevention, Prohibition, and Redressal) Act. Despite these legal protections, implementation and enforcement can be inconsistent.

The protection of Women from Domestic Violence Act (PWDVA) 2005, commonly known as the Domestic Violence Act (DV Act) 2005, has been recognized as a significant legal instrument aimed in protecting women from harassment and domestic violence in India?

Some Positive Factors:

Legal Recognition: The Act provides legal recognition to various forms of abuse and violence that women may face within the confines of their home, including physical, emotional, verbal, economic, and sexual abuse.

Civil Remedies: The DV Act allows women to seek civil remedies and protection orders rather than relying solely on criminal proceedings, providing a quicker and more accessible legal route.

Wide definition of ‘domestic violence’: The Act’s definition of domestic violence is comprehensive and includes a range of acts, allowing for a broader scope of protection for women.

Protection and Residence Orders: The Act allows for immediate protection to victims through various orders, such as protection orders and residence orders, providing safety and shelter to women facing abuse.

Support Services: The Act emphasizes the establishment of protection officers and service providers to assist women in navigating the legal process and accessing support services.

However, some Challenges and Limitations may affect the Act’s effectiveness:

Implementation gaps: Despite the legal provisions, the implementations of the Act has faced challenges due to inadequate resources, lack of awareness, and slow legal processes.

Social Stigma and Cultural Barriers:

Underreporting: Many cases of domestic violence still go unreported due to fear of retaliation, societal pressure, and lack of awareness about legal remedies available.

Lack of awareness: Many women, especially in rural areas, might not be aware of their rights under the Act and how to access legal assistance.

Limited coverage: The Act specifically targets violence with domestic relationships, leaving out violence faced by women in other settings.

Conclusion:

The fact is DV act has failed to attend the problems faced by women and men on subject of domestic violence, the law is often misused then to be used. The need of the society is to make more gender neutral laws which treat men and women equally in the cases of domestic violence and not to induce fear in the minds of innocent people like most of the men and give an extortion tool to the other gender. The DV act is gender biased on the fact of it, The DV act needs to be amended with more gender neutral provisions to prevent its misuse and to achieve gender equality and fair justice.

• Advocate Abhishek