A STATE LEVEL EVENT
''JUSTICE FOR DOMESTIC VIOLENCE SURVIVORS''
Workshop on Lawyers
''Effective Implementation of Domestic Violence Act''
Organised By Mahila Jagran Kendra & care India.
THE WORKSHOP
Mahila Jagaran Kendra supported by Care India
organized a workshop on Protection of Women against Domestic violence at A.N.
Sinha Institute of Social Studies, Patna. There were 44 advocates from Patna
High Court, Civil Court and two districts (patna & Samastipur) of Bihar.
The Guest speaker of the day was Seema Mishra, who is an advocate and practices
law in Delhi High Court.
The Objective of the workshop was
following
·
To sensitize Lawyers
& Magistrate on the issue of domestic violence and its impact on women’s
lives
·
To make our justice
system more speedy for women.
A questionnaire was distributed among the
participants to know whether they had any idea about this law or not. The
questionnaire have the following questions:
1. What do you understand by domestic
violence?
2. What are the provisions of Protection
of Women against Domestic Violence Act?
3. Have you ever used this Act?
4. Till now how many women have you
helped through this Act?
5. Any important case in which judgment
was passed by the court?
For the first question, 15 people explained
domestic violence as the violence taking inside the house; 6 people wrote that
it is the violence by men and 8 people explained it as any kind of violence
happening to women.
For the second question 10 people wrote that
the provision of the Act should be used; 8 people described the provisions of
the Act as the order for the women to stay in the house, get annual economic
support, health facilities and protection; 2 people wrote the provisions as
order for the women to stay in the house, get annual economic support, health
facilities and protection and get quick justice within 60 days; 4 people each
wrote that it is the right for equality and safety.
For the third question 12 people wrote
yes, 13 wrote no and 10 chose not to answer. For the forth question 17 people
had altogether helped 546 ladies with the help of this Act; 6 people have not
used this Act to help any woman and 10 choose not to answer. For the last
question , 10 people wrote that no judgment have been passed; 8 people wrote
that judgment has been passed in 12 cases and 15 chose not to answer.
Ram Kumar Sharma wrote “Gharelu
hinsa mein, aapsi vivaad hota hai, mahilain apni pati, saas, sasur ityadi ke
beech vivaad karte rehte hai. Mahilain apni haq ke leye vivaad khada karti
hain, kuch jgah vivaad krne se haq ke praapti hoti hai’’
Amrendra Kumar wrote “Gharelu hinsa
prarambhik awastha mein mahilaon ko apne pati ke sath jodne ka ek acha madhyam
hai, kyun ki bina smjhe 498A 3/4 D.V. Act ka case nahi hai’’
Ram Kumar Sharma wrote that domestic violence is a good
medium in the initial stage for a woman to connect with her husband because
without understanding 498A – 3/4 D.V Act, a case cannot be filed.
Amrendra Kumar wrote that in domestic violence personal
disputes tend to take place. Women keep disputing with their husband and
in-laws. Women have to fight for their right and in some cases, only after a
dispute the right is granted to her.
The
workshop started from 11:00 a.m. with the warm welcome by Miss Babita from the
Mahila Jagran Kendra. She introduced the Chief Guest and the other people who
were attending the workshop. She also highlighted the main theme of the
workshop, which was the discussion on the law made for Protection of Women
against Domestic Violence.
The Chief Guest, Seema Mishra, is also
a social activist who works for the welfare of the women in the society. She
mostly takes up cases of Domestic Violence. She talked about the Protection of
Women against Domestic Violence Act which was introduced in the year 2005 and
the benefits the women will get through this act if subjected to domestic
violence.
When this Act was introduced, many people
referred it as “Ghar Phodu Act”. There were some people who thought that there
was no need for the introduction of such acts. They argued that this act wills
only resu lt in the breakup of family relations. Seema Mishra completed her
point of view on this Act by saying that it is necessary for every advocate to
understand the law before practicing it.
There was another eminent advocate
named Dr. Meeta Mohini who gave her view on the PWDV Act.
She
practices at the Patna High Court and is a social activist. Before becoming a
practitioner of law, she was a professor at a law university. She talked about
the main problems pertaining in the middle families which often results in
Domestic violence. She pointed out that the person who earns the bread for the
family is often frustrated seeing the expenses around him such as the school
fees for the children, expenses for maintenance of the house among others.
There is always an urgent need of
money for some or the other thing in the house. The frustration leads to anger
and in this anger, the man ends up beating his wife. Usually the women bear
this insult as much as possible, but when the man crosses his limits, she has
no choice other than seeking help from the law. Dr. Meeta Mohini narrated a
domestic violence case to her fellow advocates present at the workshop. She
said that the advocates present the case as they please. They add their own
clauses to make their case strong. Most of the women only seek justice and
their rights; they are not interested in sending their husbands to jail. The
law under this Act is often misused. The women not only undergo mental trauma,
they are also subjected to physical and sexual violence.
After Seema
Mishra and Dr. Meeta Mohini presented their
point of view on the PWDV Act, the other advocates presented their views on
this Act.
Nisha
Sharma, who is a practicing advocate in Patna
Civil Court, gave an example of a woman whose judgment on domestic violence
case is passed. She was to be given Rs. 10,000 but no money was provided to
her. She had been under domestic violence by her husband for the past 17 years.
Sarita
Kumari is an advocate and practices law at
the Barh Civil Court. She stated that lots of problems are faced by women while
filing cases in the court. It becomes difficult for the female advocates to
help those women. She questioned Seema Mishra how to help those women in giving
them judicial justice.
Satish Kumar asked all the males present in the workshop
to take an oath to abstain from domestic violence, not only with his wife but
also with his mother, sister and daughter. He also said that verbal fights
between a couple should not be referred as domestic violence. He stated that no
home can work properly when the males of the house are practicing domestic
violence.
Nitika is a practicing advocate and a house wife who
compared the PWDV Act to a medicine. She stated that the basic point is that
the woman should at least have the power to approach the court of law. She said
that the lawyer also has to make himself powerful enough to help others.
The other advocates, present there, tried to explain their point
of view on Article 498(a) and PWDV Act. The common question raised by most of
them was “what is the definition of violence?” Before proceeding further,
everyone must understand what violence is.
The definition for violence is behavior
involving physical force intended to hurt, damage, or kill someone or
something. The speaker then said about
the Protection of Women against Domestic Violence Act as referred in a law book
The Protection of Women against Domestic Violence Act 2005 differs from the
provision of the Penal Code - Section 498 A of the Indian Penal Code - in that
it provides a broader definition of domestic violence
Domestic violence
is defined by Section 3 of the Act any act, omission or commission or conduct
of the respondent shall constitute domestic violence in case it:
- harms or injures or
endangers the health, safety, life, limb or well-being, whether mental or
physical, of the aggrieved person or tends to do so and includes causing
physical abuse, sexual abuse, verbal and emotional abuse and economic
abuse; or
- harasses, harms,
injures or endangers the aggrieved person with a view to coerce her or any
other person related to her to meet any unlawful demand for any dowry or
other property or valuable security; or
- has the effect of
threatening the aggrieved person or any person related to her by any
conduct mentioned in clause (a) or clause (b); or
- injures or causes
harm, whether physical or mental, to the aggrieved person.”
The Act goes on,
through the section Explanation 1, to define "physical abuse,
sexual abuse, verbal and emotional abuse and economic abuse".
There were some victims of Domestic
violence present there. One of them was Madhuri, she filed a case against her
husband in 2003. She could not avail any lawyer because she did not have any
money to pay their fee. She called all the help lines available but even they
could not help her at all in this regardHer husband, who is a policeman, was
shrewd enough to snatch that money from her. He told her that he is building a
house in the village and she could stay there. He took her money and when the
house was completed, he drove her away. For a decade, she has been fighting for
justice but still no judgment has been passed in her case. Her case was heard
by the Chief Guest Seema Mishra and she told her to present her legal documents
before her. She took a personal interest in her case and promised her for the
relief fund which she was supposed to get. Her case was over taken by the
Mahila Jagran Kendra for further help.
Primarily meant to provide protection to the wife or female
live-in partner from Domestic violence at the hands of the husband or male
live-in partner or his relatives, the law also extends its protection to women
living in a household such as sisters, widows or mothers. Domestic violence
under the act includes actual abuse or the threat of abuse whether physical,
verbal, emotional or economic harassment by way of unlawful dowry demands to
the woman or her relatives would also be covered under this definition.
The salient
features of the Protection from Domestic Violence Act, 2005 are as follows,
• The
Act seeks to cover those women who are or have been in a relationship with the
abuser where both parties have lived together in a shared household and are
related by consanguinity, marriage or a relationship in the nature of marriage,
and addition relationship with family members living together as a joint family
are also included. Even those women who are sisters, widows, mothers, single
women, or living with them are entitled to get legal protection under the
proposed Act.
• One
of the most important features of the Act is the woman’s right to secure
housing. The Act provides for the woman’s right to reside in the matrimonial or
shared household, whether or not she has any title or rights in the household.
This right is secured by a residence order, which is passed by a court. These
residence orders cannot be passed against anyone who is a woman.
• The other
relief envisaged under the Act is that of the power of the court to pass
protection orders that prevent the abuser from aiding or committing an act of
domestic violence or any other specified act, entering a workplace or any other
place frequented by the abused, attempting to communicate with the abused,
isolating any assets used by both the parties and causing violence to the
abused, her relatives and others who provide her assistance from the domestic
violence.
While
"economic abuse" includes deprivation of all or any economic or
financial resources to which the victim is entitled under any law or custom
whether payable under an order of a Court or otherwise or which the victim
requires out of necessity including, but not limited to, household necessities
for the aggrieved person and her children, if any, property, jointly or
separately owned by her, payment of rental related to the shared household and
maintenance and disposal of household effects, any alienation of assets whether
movable or immovable, valuables, shares, securities, bonds and the like or
other property in which the victim has an interest or is entitled to use by
virtue of the domestic relationship or which may be reasonably required by the
victim or her children or her or any other property jointly or separately held
by the victim and prohibition or restriction.
At the end of the program another
questionnaire was distributed. The format was as follows:
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Sr. No.
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Satisfied
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Dissatisfied
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Average
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1.
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Subject of the workshop
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2.
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Format of the training
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3.
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Duration of the workshop
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4.
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Materials provided at the workshop
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5.
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Venue of training
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6.
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Food and other facilities
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What is your feedback?
Was the workshop useful?
What is your suggestion on
implementation of this Act?
32 people were satisfied with the
workshop, 1 was dissatisfied and 1 found it average. 31 people were satisfied
with the format of the training 2 were dissatisfied and 2 found it average. 28
people were satisfied with the duration of the workshop, 4 were dissatisfied
and 2 found it average. 31 people were satisfied with the materials provided at
the workshop, 3 were dissatisfied and 1 found it average. 34 people were
satisfied with the venue of the training and 1 found it average. 33 people were
satisfied with the food and other facilities and 2 found it average. All of the
66 participants present at the workshop found the workshop useful.
Among the other attendees were Miss
Neelu , President of Mahila Jagran Kendra , Urmila Karn, Convener, Bihar
Women’s Network , Shivani Choudhary , Secretary, Mahila Jagran Kendra
Shruti Sinha , Advocate in Patna High Court and Executive
member of Mahila Jagran Kendra , Bhushan Prasad , Accountant of Mahila Jagran
Kendra, Mr. Rupesh, Secretary, Kosish
Charitable Trust , Ritwij , Project Coordinator, Koshish, Pappu , Accountant ,
Koshish among others.
The program ended with a vote of
thanks from Miss Shaila, of Mahila Jagran Kendra. The program continued till
4.30 p.m. in the evening. There was also a stall present there which showcase
the handmade products by the children of the NGO and some books on the general
awareness for people. People showed a keen interest in the products like rakhi,
soft toys and paper carry bags and roses.
