The Supreme Court of India recently acknowledged that crimes against women persist in a relentless cycle throughout the country. In light of this, changes have been made to the Protection of Women from Domestic Violence Act, 2005, paving the way for more comprehensive protection and support for victims of domestic violence.
The Judgement
As part of its recent verdict, the Supreme Court altered the statutory framework of the Protection of Women from Domestic Violence Act, 2005. The new amendment permits women involved in domestic violence controversies the entitlement to remain in the ‘shared household’. This ruling holds true even if the husband lacks legal ownership of the house, which might be owned by his parents.
Amplifying the Scope of the Act
In an effort to make the Act all-embracing, the court declared that a married woman’s right to residence granted under the provisions of the domestic violence law could be acknowledged in civil proceedings. This would pertain to cases where the woman is being evicted from the marital home, where she and her husband have been residing. As per Section 2(s) of the Domestic Violence Act, 2005, the wife can assert the rights to the “shared household” of the joint family.
Reversal of Prior Judgement
The new judgement provides a stark contrast to an earlier ruling from December 2006 in SR Batra v Taruna Batra. In this instance, permission was denied for the wife to continue residing in her husband’s house as it was owned by her mother-in-law. This precedent has now been overruled, with the court ruling that it failed to fully embody the spirit of the 2005 Act.
Domestic Violence: An Underreported Scourge
The court emphasized how rampant, yet underreported, domestic violence is within India. According to the National Family Health Survey-4 (2015-16), approximately 30% of Indian women between the ages of 15 and 49 have experienced physical violence. Women continue to face violence and discrimination in various capacities, whether as daughters, sisters, wives, mothers, or partners.
Challenges Faced by Women
Several factors contribute to women’s continued vulnerability to these crimes, including a lack of retaliation, absence of comprehensive laws addressing their rights, ignorance of existing statutes, societal attitudes, stigma, and conditioning. Often, due to these circumstances, many women bear their suffering in silence – not out of choice, but compulsion.
Forms of Domestic Violence
Domestic violence can take various forms. These include physical violence (like slapping, hitting, kicking, beating), sexual violence, psychological abuse, and controlling behaviors (such as isolating the victim from family and friends, restricting access to financial resources, employment, education or medical care).
The Way Forward
Addressing the surge in violence against women requires urgent and comprehensive action. Economic support and stimulus packages should reflect the needs of women who face multiple forms of discrimination. Grassroots and women’s organizations require strong backing in their current frontline roles. Expanding social support through technology-based solutions, helplines, and online counseling can help reach victims who may not have phone or internet access. Additionally, police and justice services should prioritize incidents of violence against women, ensuring impunity for perpetrators is non-existent.
By acknowledging the gravity of domestic violence and acting accordingly, we can work towards a safer, more equitable society for all.
