Protection of Women from Domestic Violence Act, 2005: A Critical Appraisal
Article Details
Pub. Date
:
Apr, 2013
Product Name
:
The IUP Law Review
Product Type
:
Article
Product Code
:
IUPLR31304
Author Name
:
P Vijaya Kalyani
Availability
:
YES
Subject/Domain
:
Law
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:
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:
8
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Abstract
The plight of women in India is becoming pathetic day by day. Virtues such as education,
awareness and economic security are unable to come to the aid of women who are in
distress. The major aim of the Protection of Women from Domestic Violence Act, 2005 is to
provide protection to the wife or female live-in partner from any kind of violence at the
hands of the husband or male live-in partner or his relatives. The law under the Act also
provides protection to women who are sisters, widows or mothers. Domestic violence
under the act includes actual abuse or the threat of abuse whether physical, sexual, verbal,
emotional or economic.
Description
Manu, the great law-giver, said long ago, “Where women are honored there reside
the gods.” According to ancient Hindu scriptures, no religious rite could be performed
by a man perfectly without the active participation of his wife – his wife’s participation
being essential to any religious rite.
Domestic violence is undoubtedly a human rights issue and a serious deterrent to
the development of a nation. This particular Act has been enacted in keeping with the
various guidelines given by several International conventions and declarations. The
Vienna Accord of 1994, the Beijing Declaration and the Platform for Action 1995 have
acknowledged this. The United Nations Committee on Convention on Elimination of All
Forms of Discrimination Against Women (CEDAW) in its General Recommendation No.
XII (1989) has also recommended that State parties should act to protect women against
violence of any kind especially that occurring within the family.
Keywords
Law Review Journal, Protection, Protection of Women, A Critical Appraisal, The United Nations Committee, Convention on Elimination, All
Forms of Discrimination Against Women (CEDAW), Lawyers
Collective Women’s Rights Initiative (LCWRI).