Protection of Women Protection of Women Against Domestic Against Domestic Violence Act, 2005Violence Act, 2005

Hailed as representing Hailed as representing a watershed for a watershed for Indian Women's Indian Women's

MovementMovement

PWDVA Passed In 2005 And PWDVA Passed In 2005 And Implemented Since Implemented Since

October 2006. October 2006. The Act is the outcome of years of struggle by the The Act is the outcome of years of struggle by the women’s movement in India to get an Act that women’s movement in India to get an Act that

provides provides comprehensive protection to women against DV comprehensive protection to women against DV • The Act broadens the definition of domestic The Act broadens the definition of domestic

violence.violence.• The Act broadens the definition of domestic The Act broadens the definition of domestic

relationships to include mothers, wives, sister in-relationships to include mothers, wives, sister in-laws , daughters, daughter in-laws and women in laws , daughters, daughter in-laws and women in marriage like relationships not recognized by lawmarriage like relationships not recognized by law

A Rights Based LawA Rights Based Law

• PWDVA recognizes a life free of PWDVA recognizes a life free of violence and fear, as a woman's violence and fear, as a woman's right and makes the state right and makes the state responsible for extending protection responsible for extending protection against domestic violence to women. against domestic violence to women.

Protection Against Protection Against Inequality Based In Inequality Based In Patriarchal NormsPatriarchal Norms

• In a society where women are often In a society where women are often denied their rights and dominant denied their rights and dominant structure of family state and civil structure of family state and civil society are still patriarchal, PWDVA society are still patriarchal, PWDVA seeks to protect women from all seeks to protect women from all forms of domestic violence and forms of domestic violence and check harassment and exploitation check harassment and exploitation by family members or relatives. by family members or relatives.

• The PWDVA is a powerful tool in the hands The PWDVA is a powerful tool in the hands of women as it affords them protection and of women as it affords them protection and the right to continue to live in the shared the right to continue to live in the shared household. household.

• The first and immediate consequence, if a The first and immediate consequence, if a woman files a complaints against DV is woman files a complaints against DV is dispossession- throwing the woman out of dispossession- throwing the woman out of the house and taking custody of children. the house and taking custody of children. PWDVA protects a woman against this and PWDVA protects a woman against this and empowers her to claim immediate empowers her to claim immediate maintenance and compensation.maintenance and compensation.

The Impact Of This The Impact Of This Rights Based Law Rights Based Law

OnOnMale Behavior and Male Behavior and

MasculinitiesMasculinities

• The limited but very real The limited but very real achievements of women's movement achievements of women's movement in India in the field of institutional in India in the field of institutional policy reform have always provoked policy reform have always provoked reactionary and anxious behavior reactionary and anxious behavior from men , who have sought to from men , who have sought to protect their ( supposedly) protect their ( supposedly) threatened rights. ( Dr. Mangesh K. threatened rights. ( Dr. Mangesh K. Breaking the Moulds,)Breaking the Moulds,)

• In spite of a slack pace of implementation, In spite of a slack pace of implementation, PWDVA has been in the news, often for the PWDVA has been in the news, often for the wrong reasons. The Act has drawn wrong reasons. The Act has drawn protests , mostly from groups of men .protests , mostly from groups of men .

• These groups have been publicly vocal on These groups have been publicly vocal on their demand for retraction of PWDVA in their demand for retraction of PWDVA in the electronic and the print medium. They the electronic and the print medium. They seem to be led by upper middle class men seem to be led by upper middle class men who are technology savvy and are using who are technology savvy and are using every possible medium including the every possible medium including the internet to gain support for their views. internet to gain support for their views.

Did such groups exist prior Did such groups exist prior to PWDVAto PWDVA

• Purush Hakka Samrakshan Samiti , active in Purush Hakka Samrakshan Samiti , active in Mumbai and Nasik in the 90s. This and Mumbai and Nasik in the 90s. This and several other groups emerged in several several other groups emerged in several parts of the country to safe guard the parts of the country to safe guard the interests of harassed husbands and their interests of harassed husbands and their relatives who are said to be victims of 498A relatives who are said to be victims of 498A (1983) of the IPC.(1983) of the IPC.

• They provide legal aid to the accused They provide legal aid to the accused husbands and assist them in dealing with husbands and assist them in dealing with the policethe police

contd-contd-

•498A makes the harassment 498A makes the harassment of a woman in her marital of a woman in her marital home a non-bailable , non home a non-bailable , non compoundable , cognizable compoundable , cognizable offenceoffence

•The demand is legal The demand is legal intervention to make the, intervention to make the, section non-cognizable, section non-cognizable, bailable and compoundable.bailable and compoundable.

Motivated by a sense of vulnerability rooted in Motivated by a sense of vulnerability rooted in

perception of feminists indiscriminate emphasis perception of feminists indiscriminate emphasis on on

women's victim hood and men's culpability, these women's victim hood and men's culpability, these

groups sought support for their cause by:groups sought support for their cause by:• Dubbing women's organizations as anti family Dubbing women's organizations as anti family

home breakers.. rather than protectors of home breakers.. rather than protectors of women's rightswomen's rights

- Organized conventions and lobbied with the Organized conventions and lobbied with the home and law ministries.. home and law ministries..

But did not have much impact.But did not have much impact.

Criticized strongly by feminists and progressive Criticized strongly by feminists and progressive groups groups

and seen as anti women's empowerment , their and seen as anti women's empowerment , their visible visible

militancy declined. militancy declined. • However they remained active and on every 8However they remained active and on every 8thth

march or more recently on 25march or more recently on 25thth November ( the November ( the international day on Violence against Women) international day on Violence against Women) stage public protest. But merely token in nature stage public protest. But merely token in nature and not more than 25 to 30 persons. They were and not more than 25 to 30 persons. They were also given media coverage, out of curiosity and also given media coverage, out of curiosity and amusement rather than with any serious thought amusement rather than with any serious thought for their causefor their cause

The Difference - Then and The Difference - Then and NowNow

498A and PWDVA, 2005 498A and PWDVA, 2005 • The advent of PWDVA has galvanized a The advent of PWDVA has galvanized a

barrage of protests, from disparate groups of barrage of protests, from disparate groups of mostly men. mostly men.

• It can be assumed that these are groups who It can be assumed that these are groups who were earlier active against 498A . But the were earlier active against 498A . But the number seems to have swelled with online number seems to have swelled with online /cyber groups such as the Save family /cyber groups such as the Save family foundation, My nation, Honor network, U R foundation, My nation, Honor network, U R voice, joining the rank and file. voice, joining the rank and file.

• The groups seem to have found support in the The groups seem to have found support in the higher judiciary when justice higher judiciary when justice MrMr. Batra of Delhi . Batra of Delhi high court called it a poorly drafted law. high court called it a poorly drafted law.

Excerpts from the Excerpts from the material posted on material posted on some of the popular some of the popular

internet sitesinternet sites

Some excerpts…Some excerpts…

Who is behind this sabotage of society? Who is behind this sabotage of society? (Rajendra K. Gupta on the internet site: India Force)(Rajendra K. Gupta on the internet site: India Force)

What the dirty , over fed and corrupt What the dirty , over fed and corrupt politicians politicians

and misguided women in various forums and misguided women in various forums and and

organizations is causing widespread organizations is causing widespread damage to damage to

India's social fabricIndia's social fabric

Excerpts…Excerpts…

• PWDVA is a gender biased law .. PWDVA is a gender biased law .. very soon the Indian civilized very soon the Indian civilized institution of marriage system going institution of marriage system going to close to the animal society to close to the animal society principal and in coming years there principal and in coming years there will be huge fatherless childrenwill be huge fatherless children

(Source: Violence at home a reality for Indian (Source: Violence at home a reality for Indian husband, study of Indian husbands by Save husband, study of Indian husbands by Save Family and My Nation )Family and My Nation )

Excerpts…Excerpts…A comment by one Narendra kumar Rana , A comment by one Narendra kumar Rana ,

January 13, 08 says…January 13, 08 says…

In this law the definition of a woman is In this law the definition of a woman is restricted restricted

to a Daughter-in-law. The comment goes on to to a Daughter-in-law. The comment goes on to say.. In future we have a war with the say.. In future we have a war with the

neighboring neighboring country… our soldiers will not be able to fight country… our soldiers will not be able to fight ……tormented as they are by those 498A girls and tormented as they are by those 498A girls and by this (PWDVA) biased and poorly drafted law.by this (PWDVA) biased and poorly drafted law.

Excerpt…Excerpt…

• Complete marginalization of Complete marginalization of male in a relationshipmale in a relationshipThe most significant aspect of this The most significant aspect of this whole act is – the systematic whole act is – the systematic destruction of any semblance of the destruction of any semblance of the rights of men. rights of men.

Excerpt…Excerpt…

• Lacks proportionality…Lacks proportionality… In every country in In every country in the world, partners in a relationship the world, partners in a relationship accumulate rights and responsibilities based accumulate rights and responsibilities based on the duration of the relationship - the longer on the duration of the relationship - the longer the duration, the higher the accumulation of the duration, the higher the accumulation of such rights and responsibilities. Not so under such rights and responsibilities. Not so under PWDVA of India. Any woman who seduces a PWDVA of India. Any woman who seduces a man into a day or two of relationship can claim man into a day or two of relationship can claim Domestic violence if the man refuses to Domestic violence if the man refuses to continue his relationship with the whorecontinue his relationship with the whore. . She has same rights under this legislation as She has same rights under this legislation as the wife of twenty years of a man the wife of twenty years of a man

Excerpt….Excerpt….The Indian (Gender-Biased) The Indian (Gender-Biased)

Domestic Violence ActDomestic Violence ActAccording to these legislations, the following is a list of According to these legislations, the following is a list of

women's rights: women's rights: • The right to control and subjugate the The right to control and subjugate the male partner partner • The right to publicly humiliate and physically The right to publicly humiliate and physically abuse the the

male partner and his entire partner and his entire family • The right to divest the The right to divest the male partner of all his partner of all his money and and

property property • The right to send the The right to send the male partner and his entire partner and his entire family to to

jail on her whims and fancies jail on her whims and fancies • The right to force the The right to force the male partner to be a slave to her partner to be a slave to her

family • The right to kick out the The right to kick out the male partner from HIS partner from HIS house at her at her

will will • The right to commit adultery (and send the The right to commit adultery (and send the male partner to partner to

jail if he dares object) jail if he dares object) • The right to kill an unborn The right to kill an unborn child regardless of the male's regardless of the male's

partner's wishes partner's wishes • The right to have all "rights" and no responsibilitiesThe right to have all "rights" and no responsibilities

Excerpt…Excerpt…The Indian (Gender-Biased) The Indian (Gender-Biased)

Domestic Violence ActDomestic Violence Act• Preventing one's Preventing one's wife from taking up a from taking up a job or forcing her to leave or forcing her to leave job

are also under the purview of the Act.are also under the purview of the Act.

Only solution is to save Institute of Marriage and Family of india, we should Only solution is to save Institute of Marriage and Family of india, we should ask all organizations not to appoint women at any cost.ask all organizations not to appoint women at any cost.

Another flaw in the Act is inclusion of live-in partners or any sexual Another flaw in the Act is inclusion of live-in partners or any sexual partner (Ch.I, S.2(a)) partner (Ch.I, S.2(a))

This clause give men to make use of this law, if a lover of man come home , This clause give men to make use of this law, if a lover of man come home , his legally wedded wife cann`t do anything she cann`t kick her out. husbands his legally wedded wife cann`t do anything she cann`t kick her out. husbands now take advantage of this bill ? its law against women not in her favornow take advantage of this bill ? its law against women not in her favor

The Act will actually worsen the domestic problems leading to breakdown in The Act will actually worsen the domestic problems leading to breakdown in marriages as women will be now encouraged to go to courts ,without giving marriages as women will be now encouraged to go to courts ,without giving any chance to settle their differences. The Act discourages women to rectify any chance to settle their differences. The Act discourages women to rectify their mistake. The Act not only gives powers without giving any their mistake. The Act not only gives powers without giving any responsibilities to women but also takes away all the rights of men. responsibilities to women but also takes away all the rights of men.

• Protests against PWDVA instead of Protests against PWDVA instead of being based on facts or logical being based on facts or logical analysis are rooted in a fear and analysis are rooted in a fear and threat psychosis that uses violent, threat psychosis that uses violent, abusive language and predictions of abusive language and predictions of social chaos and doom as outcomes, social chaos and doom as outcomes, if PWDVA and such laws are if PWDVA and such laws are implemented.implemented.

What requires contemplation and reflection from What requires contemplation and reflection from women's and human rights activists is that these women's and human rights activists is that these

(protests)(protests)seem to be garnering popular and institutional seem to be garnering popular and institutional

support …support …

There are unconfirmed reports of the DWCD There are unconfirmed reports of the DWCD ministry setting up a committee to review the Actministry setting up a committee to review the Act

On 3On 3rdrd January 2007 TOI carried a news item about January 2007 TOI carried a news item about DWCD planning for a consultation on PWDVA …DWCD planning for a consultation on PWDVA …to take on board views of a cross section ( other to take on board views of a cross section ( other than women) of population. than women) of population.

• An Act that took almost ten years of An Act that took almost ten years of struggle by the women's movement struggle by the women's movement to come into place, it takes less than to come into place, it takes less than a year of almost non-implementation a year of almost non-implementation for the ministry to succumb to a for the ministry to succumb to a reviewreview

The reasons…The reasons…

Lack of an appropriate Lack of an appropriate environment conducive for environment conducive for

implementationimplementation• An Act such as the PWDVA questions the An Act such as the PWDVA questions the

basic structures of society and has extended basic structures of society and has extended in a top down process the rights denied to in a top down process the rights denied to women by that society and institutions set women by that society and institutions set up by the state.up by the state.

• The PWDVA by empowering women has The PWDVA by empowering women has actually made men feel powerless actually made men feel powerless (notionally)(notionally)

• Working against violence hits at the roots of Working against violence hits at the roots of patriarchal ideology. It means men would patriarchal ideology. It means men would have to take responsibility for their actionshave to take responsibility for their actions

Immediate Measures to Immediate Measures to enable implementationenable implementation

• appropriate trainingsappropriate trainings to protection officers, to protection officers, judges, service providers, police and lawyers. judges, service providers, police and lawyers.

• Registration of service providers and Registration of service providers and notification of medical facilities and shelter notification of medical facilities and shelter homeshomes

• Appointment ofAppointment of full time protection officers full time protection officers and provision of proper infrastructure and and provision of proper infrastructure and other facilities other facilities

• allocation of adequate budgetallocation of adequate budget for the for the effective implementation of the law.effective implementation of the law.

• mass awareness campaignsmass awareness campaigns carried out by the carried out by the government through print and electronic media.government through print and electronic media.

Impacting policy Impacting policy environment in the long environment in the long

term term For the policy to be implemented in spirit it is For the policy to be implemented in spirit it is

first first

and foremost important that the state places into and foremost important that the state places into

place the enabling environment that would make place the enabling environment that would make

violence free life a reality for women. violence free life a reality for women. • Based on an analysis of the social institutions Based on an analysis of the social institutions

and trends of socio-economic development and trends of socio-economic development formulate a long term strategy to counter the formulate a long term strategy to counter the patriarchy in all its forms and at all levels. patriarchy in all its forms and at all levels.

And finally, the state will have to be resilient And finally, the state will have to be resilient to the to the

totally unreasonable logic and the mythical totally unreasonable logic and the mythical research put forth by groups demanding research put forth by groups demanding

review of review of the Act .the Act .• However in a populist democracy such as However in a populist democracy such as

ours this can come only from a strong ours this can come only from a strong women's movement that is grass roots up. women's movement that is grass roots up. Exactly the kind that succeeded in putting Exactly the kind that succeeded in putting the Act into place in the first place.the Act into place in the first place.

Thank youThank you