User talk:Smitadas88

Domestic Violence Act – merits v/s demerits:

History of the Indian fight to gain equality for Women: 

Fifty million women are ‘missing’ in South Asia because of the increasing number of cases of foeticide, dowry deaths, honour killings and other acts of violence being inflicted on them. India enjoys the ignominy of being in the forefront of crimes against women as shown by an article covered by The Hindu on October 26 2006. The struggle for women’s independence began quite late. This delay could be attributed to a number of reasons viz:

The lack of widespread education. India, being essentially an agrarian economy, a majority of its population was found in the villages. These villagers, as a result of observing the Hindu laws and rules (which were framed in a pre- existing patriarchal society) started discriminating against women. They confined women to their household and giving birth to and taking care of children. They were too narrow- minded to accept laws which endorse the freedom of women.

However, this poor condition of the Indian legal history in connection to women was short lived due to global industrialization and concomitant advancements in science and technology which eventually spread its roots in the Indian soil. Laws; as a consequence were being passed liberating women from their household functions. As industrialization had led to decimation of the home-spun industries, women had to step out of their houses and enter factories. Women were slowly playing a more public role and could finally spread their wings (which had been cut earlier). However, their wings had to heal and they had to wait for a long time before they could finally fly. This progression is perceived by a slow change in laws which began with Section 375 of the IPC which defines ‘rape’ with the exception (f) stating that if a man rapes his own wife, whether the wife gives his consent or not is not of importance, as by way of their ‘holy matrimonial’ relations is given absolute sanction. This section, in fact, completely ‘commodifies’ women turning her into a lifeless object with no say of her own. Laws are always said to reflect the mindset, culture, traditions and conventions of the then society.

The Indian society as it was in the process of becoming a modernistic society, the rights of the women slowly increased by way of which an amendment was made to this earlier law in 1983; where sec 376 A provides for sexual intercourse by her husband with his own wife without her consent who is living separately from him under a decree of separation or under custom or usage, shall be punished with imprisonment to an extent of two years and shall also be liable to fine. This marked the beginning of a manifold of rights of women, slowly placing (or at least trying to place) the Indian woman on the same footing as that of the man. The judiciary and the legislature was constantly either amending laws or passing new Acts to improve the sordid conditions of women in India. They slowly realized that no matter how much women prefer to lean, to be protected and supported, nor how much men prefer to have them do so, they must take the voyage of life alone1. Following this the judgement passed in a case clearly reflected that the judiciary was against the abysmal treatment of women by the Indian society which seemed to have been legalized by the norms and values of the persisting religions in India. The SC held that “such offenders who are menace to the civilized society should be mercilessly and inexorably punished in the severest terms. Judges who bear the sword of Justice should not hesitate to use the sword with the utmost severity, to the full and to the end of gravity of the offences so demand.”2

Subsequently, section 498A was passed and was known to have been the first step towards what is now popularly known as ‘Women’s Lib’. Section 498A basically states that if a woman is subject to ‘cruelty’ by her husband or relatives then they would be punished with imprisonment to an extent of three years and also liable to fine. In this definition of ‘cruelty’ the concept of forcible marital rape still remains undefined. Nonetheless, section 498A of the Indian Penal Code (IPC) is said to have paved the way for the passing of the Domestic Violence Act, 2005 which in fact addresses the phenomenon of ‘Domestic Violence’ in its entirety. This section is also known to have been the first law in the country which conferred specific rights to Indian women. This can be deemed to be ‘ Indian Feminism’ in its infancy and maturity to this law has been given by the passing of the Domestic Violence, which does not negate the effects of 498A, but in fact adds to the rights already ordained to women by way of the aforementioned section and other laws like Dowry Prohibition Act, 1961. Section 41 of this recently passed Act specifically mentions: The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force. Here, feminism means the theory of and struggle for, equality of women.

The icing to the cake could be the recently passed Domestic Violence Act in 2005. The implementation of the various provisions of this Act has already been in use in the different states of the country and this implementation has picked up momentum, emphasizing the need of such a law especially in a country like India. The desirable features of the laws will be discussed in detail.

Merits:

First of its kind: This law is known to be the first of its kind in India, as it does not only look at the violence faced by a wife but protects sister, daughter (other forms of a woman) at the mercy of the husband or her relatives. It also addresses the issue of sexual abuse of children and the forcefully getting the daughter married against her wishes. It is also known to have been very concise, clear and exhaustive, possessing all the desirable cannons. The law is said to be the first well drafted law within the country. Guess the Indian judiciary and Parliament realized that: “The being who patiently endures injustice, and silently bears insults, will soon become unjust, or unable to discern right from wrong…..Nature never dictated such insincerity- and, though prudence of this sort be termed a virtue, morality becomes vague when any part is supposed to rest on falsehood”.3 To avoid the wrath of woman and face this violent side of her, which we call ‘Ma Kaali’ in the Indian mythology the parliament with the able assistance of the National Commission for Women and other such organized groups have passed this Act to end her suffering and angst. It has been appreciated by the public at large; besides the hue and cry (mostly from ‘Chauvinistic’ men) the utility of this law cannot be overlooked. Recognition of marital rape: Many studies on the prevalence of spousal abuse in developing countries indicate rates ranging from 22 to 75 percent. Domestic violence data gathering in some Asian countries suggest that rape is rampant. A large percentage of women reported being physically abused by their husbands.4 These statistics clearly indicate the sorry plight of wives who have to undergo regular sexual abuse by the abuser, her husband nights after nights without a sound of protest. However, none of the earlier laws passed by the legislature have recognized the prevalence of marital rape. While analyzing the laws on the country, we find that these laws actually sanction the rape committed by a man on his wife. The principles of natural justice (equality, justice and good conscience) are found muddled in these previously accepted laws. Marital rape however falls within the ambit of Domestic Violence under this Act categorized as Sexual Violence where the protection of the dignity of the woman is of utmost importance. This could be accounted as one of the most significant merits of the Act. Recognition of relations without the rites of marriage: ‘Live-ins’ a concept now very popular, primarily in the urban more so the metropolitan cities has been recognized by this Act. Live-ins basically involve two partners living together (similar to that of a matrimonial relationship) but not bound by the threads of custom and matrimonial formalities in a shared household. Section 3 is inclusive of the following phrase: ‘are related by consanguinity, marriage or a relationship in the nature of marriage can be interpreted to mean live-in relationships, all the victim has to prove is that they are or have been living with the abuser. This shows that the law- makers have been open-minded in their approach to this law which does not decry other forms of relationships merely on the contention of ‘morality’. The concept of what is moral and what is not; cannot be purely based on the presence of a solemn matrimonial relationship. There has been a lot of hue and cry over the recognition of live-ins in this law, who state that our Indian morals do not allow this. What Indian morals are these people talking about? The morals which have sanctioned the dowry deaths, female infanticide, foeticide and Sati over the past decades? These people should realize that morality as a concept is universal but in its essence is fluid and changes from one generation to another, from one geographical region to another, from one century to another. Besides this, the Domestic Violence Act also recognizes violence being inflicted on the daughter, sister, widow and is entitled to legal protection under this Act. Broad definition of ‘Domestic Violence’: Domestic violence under this Act has been categorized into physical, sexual, verbal or emotional and finally economical abuse. This classification is basically a result of the arduous work put in by the various women organizations and NGOs within the country trying to denigrate domestic violence. Section 498A of the IPC was only inclusive of physical abuse, this speaks of the comprehensive nature of this Act. As already discussed marital rape has been for the first time identified by the law as illegal under the scope of sexual abuse. Verbal and emotional abuse which is widely prevalent within the country against a wife, for instance if she is unable to conceive or give birth to a male child. A threat to cause physical pain to the aggrieved party or any other relative in which the aggrieved party is interested in falls under this type of abuse as well. If a woman feels she is going to be hurt by any person, she can immediately ask for help under this Act. Economic abuse has been attributed as the most forward- thinking and an immensely important part of this definition. The deprivation of economic or financial resources or necessities to which the aggrieved woman or child of entitled to falls within the ambit of this definition. As earlier discussed, a girl child was allowed by the court to continue her education which was obstructed by her parents and relative by not paying her college fees. Therefore, this shows that the legislature has also understood how important education is to a girl child. Education involves the ability to receive, create and disseminate knowledge. Knowledge is power, the foundation of intellectual and political development. It is gained through experience, education, and association with knowledgeable others. Expanded literacy among women allowed those who could not escape the confines of home to learn about the outside world and, through writing, to recount their experiences and express their ideas.5 Education helps achieve women’s emancipation which has been denied by the pre-existing norms and customs of our society. This is not the case any more due to the Act which was passed after ten years of constant badgering by the commissions for women, guess its better late than never. “Women, who read, much more women who write, are, in the existing constitution of things, a contradiction and a disturbing element.”6 Maybe this scared the Indian society. Her rights as conferred by this Law: The Indian women have in the past suffered domestic violence at the hands of their husbands and relatives due to the fear of being driven out of the house. However, this has been annulled by this Act as it provides for the woman’s right to secure housing. Under this Act she has the right to reside in a ‘shared household’ even if she does not have a title to this household. This right has been secured by the passing of the residence order (which has already been dealt with in detail) by the Magistrate. The Magistrate may also ask the respondent to provide an alternate mode of accommodation, if found necessary. The aggrieved party also cannot be excluded or evicted from the shared household by the respondent unless the court deems fit.Therefore; she can now without fear report of the crimes being committed against her. This has been seen an important aspect of the law as it encourages the Indian women to exercise their basic human rights. The other right granted is by way of the protection order which when passed by the court denies the right to the respondent from entering that portion of the matrimonial or shared household in which the aggrieved party resides. They also will be prohibited from entering the work place or school (in case of a child) or any other place frequented by the abused party. The respondent by way of this order cannot contact the aggrieved party either via oral, written, telephonic or electronic means of communication. This ensures the thorough safety of the aggrieved party giving no scope to deter her from entering the portal of law fighting the good fight. Secular nature of the law:  India is a land of interspersing religions and faiths. The people belonging to the various religious communities existing within our country are governed by their respective personal laws in matters like marriage, divorce, testamentary documents, etc. However, the secular nature of this law has significantly increased its scope and made it all-encompassing in its operation. It has retained the concept of India being ‘Secular’ in nature by way of its applicability in all the religions. Here, women are characterized as a singular group on the basis of a shared oppression. What binds women together is a sociological notion of the “sameness” of their oppression.7 Women will be provided justice based on the principle of equity irrespective of the religion she belongs to. In the eyes of law, they are all entitled to the same rights and active protection from domestic violence. Speedy disposal of justice: This can be hailed as the most desirable feature of this Act, as the sluggish nature in which the cases in Indian courts are provided justice has been taken into account. The success of this Act is completely dependent on how fast justice is meted out to the aggrieved party as justice late is justice lost. Moreover, an extension in time to provide justice will only make the abused vulnerable at the hands of the abuser. The law makers of this Act have tried to remove this disadvantage, where section 16 specifically states that the first date of hearing should be fixed by the Magistrate within 3 days of the receipt of application from the ‘public servants’. It also states that each application should be disposed off by the Magistrate within a period of sixty days from the day of its first hearing. Speedy disposal however does not mean that the judiciary is inefficient in its working, interested only in disposing the case as quickly as possible. Its prime objective should be the adequate protection of the victim. If this section is being ably confirmed to, only time will tell. Provision of services of shelter homes and medical facilities: The law makers have clearly made this law based on real life experiences of women all over the country. They were able to foresee the mental mayhem of a woman as she tries to find a place to feel secure in; after absconding from the daily physical and mental torture she has to go through in her house. Hence, they have included the provision of medical facilities, which should be provided to the aggrieved party immediately without any need for documents or other financial resources. The aggrieved party should also be able to find refuge in shelter homes until and unless the court passes its order on the receipt of application. This has been provided for section 9 and 10 in the Act. Clarity and simplicity: The Act provides for forms which are easy to fill and have been drafted on the basis of real life situations. Herein, the acts or omissions and their details have been provided with a box next to them. This will enable the aggrieved party to give the details of the type of domestic violence committed against her. For instance, under ‘Economic violence’ has boxes for not providing money or not providing food, clothes, medicine for the woman and her children, forcing the woman out of the house, non-payment of rent or bills, not allowing the woman to take up employment, forcibly taking away her salary, etc. The list, if not exhaustive can be called largely extensive. If however, the choices provided are not applicable to the aggrieved party, the victim can specify other acts not mentioned in the list. This effort of the legislature can be loosely interpreted to make it simpler to women belonging to all types of backgrounds. It has been found that domestic violence is prevalent in larger numbers in rural areas in comparison to the urban areas. The law-makers, may, have by making simple forms tried to appeal to the rural masses. Burden of proof: An important merit of this Act is that the burden of proof lies on the respondent to prove that he is not guilty, until which he shall be deemed to be guilty and duly punished. Also, under section 31 the sole testimony of the aggrieved party is deemed to be proof enough. The law makers by the inclusion of this section have seen to that, the woman is not exploited by any means whatsoever, and is given her freedom of speech. Duties of protection officers: The provisions of this Act which deal with the duties of protection officers and the punishment that have been laid down for the breach of these duties, as the efficient working of these protection officers is essential for the successful functioning of this law. The protection officers are not only supposed to make available the medical facilities and shelter homes to the victim but are also supposed to make sure that the monetary orders are duly complied with. This law has been questioned on the basis of its mishandling by the corrupt and money-driven women; this is where the protection officers play an important role, as they look into the veracity of facts who have to sensitized on all the aspects of the law. They are also required to inform the victims of the rights available for them to exercise. In a way, the protection officers act like light houses which show the direction to the sailors, and provide the means and ways to the aggrieved parties to get justice. In camera proceedings: One of the prominent deterrents to women coming out with the story of their abuse is discussing it in an open court. The most important possession of a woman is her dignity. Section 20 of this Act provides for in camera proceedings, by which her dignity and privacy can be maintained. This is generally in cases of explicit acts of sexual abuse and violence.

Loopholes:

This law seems to be prima facie well drafted and precise but then again it’s too good to be true. Reality hits hard, and we realize that nothing or no one is perfect. However, there is nothing wrong in striving to achieve this perfection; as this is the very hope that perfectionists live on. The loopholes in laws are inevitable, as however imaginative and learned law makers can be in trying to achieve an all-encompassing law, they are still humans. Therefore, the intellectual public plays a vital role here by informing the legislature of the lacunae of the various laws passed by them, using the various forms of media. The legislature will, eventually take notice and make amendments, if found necessary. With the same faith in the efficacy of the legislature, the loopholes of this law will be discussed in detail in the following paragraphs. This is, however, solely based on opinions, backed by statistics.

Lack of efficient implementation: Time and again the purpose of passing a law by the legislature has been defeated by the prevalence of corruption amidst the administrative authorities or just blissful apathy to the law by the people in charge of maintaining law and order within the country. This has been seen by the earlier laws passed to protect the women in India, like the Dowry Prohibition Act, 1961 and section 498A of the IPC. Dowry still seems to exist as an accepted custom in the rural villages of India. In this law, though there is a specific section which directs the central and the state government/s of the country to publicize the law, we realists know how far this will be adhered to. If this becomes the case, the efforts of the government/s with its initial robust start will lead to the disintegration of this law. Implementation of the law also involves the presence of adequate and efficient administrative authorities, here, the protection officers and service providers. The lingering fear amongst many of the legally intellectual philanthropists is that since the government is entrusted the responsibility of appointing these protection officers, they may using their ad-hoc (and highly promoting red-tapism) might just recruit inefficient and physically unfit       (read: aged) government officials for the job and eventually inefficiency creeps into the entire legal system. The implementation also necessitates the presence of sufficient financial resources, there is a question mark here again relating to this. How much is the state willing to shell out from its coffers to protect the women of the country from domestic violence? Statistics also indicate that India has one of the highest rates of violence against women (especially pregnant women), and stands at 40% spiraling every year. This can be attributes the alarming decrease in the rate of conviction from 70% in the 1970s to 40%, today. The women who seek legal redress from the courts scream of the arbitrary nature in which justice is being meted out. The ‘Truth Commission’ which was mainly organized by a Bangalore-based Vimochana, found that out of 24 violence- related cases, in 12 cases the police did not even bother to assess the nature of the case, another five, the investigation was extremely substandard and to even add fuel to the fire, five other cases smacked of judicial bias. This shows how well this present law can be expected to be implemented. If the administrative authorities have failed (rather denied their responsibilities) in the past, what makes us even think that these same authorities will ensure the security and safety of Indian women; are we being plain fool-hardy or are we being extremely idealistic? These questions seem to haunt us and still remain unanswered. Sexist and patriarchal outlook: India, a predominantly a male-dominated society, will never be able to digest such a law considering the concept of       ‘Pati- Parmeshwar’ still exists. Frankly, I don’t understand this concept, why should we respect and be subservient to a fellow human being, provided he does not possess extraordinary and unbelievable powers. On what basis do they call the male counterpart of our homosapien species Gods? ‘God’ a concept which in itself is vague to many of us. Maybe that’s the reason why the Ancient Hindu society created the concept of Pati- Parmeshwar, as disputing against God and questioning his omnipresence was considered blasphemy. What better way to gain the immediate obedience of women to her lawfully wedded husband by equating him to God! Why isn’t a woman referred to as ‘Patni-Parmeshwar’? Isn’t she the one bearing the pain of child-birth and producing new life? - A power that only she has. Questions as to why women have been dominated will keep coming up, but answers to which have never emerged. It can not be disputed that women are slowly gaining more rights, but a patriarchal system has not ceased to exist. In the 21st century we are still told to respect our husband and once we marry we become that person’s responsibility, after which if we do have a heated argument it is looked down upon for the ‘married’ girl to come back. India has made the holy practice of marriage into confinement. Leaving this aside, chauvinism was brought to the fore when this law was passed and a lot of hue and cry was made about the passing of this law. This reflects the sexist outlook of our country, where women remain to be the ‘oppressed sex’. It is very unlikely that a law like this would change the mindset of Indians, considering the women and men are used to being dominated and dominate, respectively. A chauvinistic attitude may be also found to negate all the merits of this law, by its reflection in the implementation and machinery of this law. Though, this law provides for the appointment of women as protection officers, and also including a leeway by saying ‘as far as possible’ instead of making it mandatory the purpose of the law will definitely be nullified by the extant sexist and patriarchal attitude of the people. Blur in the concept of Shared Household – A recent judgement by the Supreme Court of India brings another flaw of this law into the limelight. The judiciary in a recent case felt that the concept of ‘Shared Household’ hasn’t been properly defined, and they felt responsible to interpret this phrase with their own understanding of it in the law. The Supreme Court said section 2(s) of the Act which gives right of residence to a married woman in a shared household requires elaboration, and the Bench said they. “Have to give it an interpretation which is sensible and which does not lead to chaos in society." The Bench, comprising Justices S B Sinha and Markandey Katju, had ruled that "as regards section 17(1) of the Act, in our opinion the wife is only entitled to claim a right to residence in a shared household, and a shared household would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member." Justice Katju was also quoted as saying, “We are of the opinion that the house in question cannot be said to be a shared household within the meaning of section 2(s) of the act. If the aforesaid submission is accepted, then it will mean that wherever the husband and wife lived together in the past, that property becomes a shared household. Such a view would lead to chaos and would be absurd. It is well settled that any interpretation which leads to absurdity should not be accepted." This judgement in a way has provided a ray of hope from escaping the penalties posed by this law and has also left the house-wives without the former, a house. Such a judgement by the SC will hence deter wives from reporting incidents of domestic violence who would not want to be homeless. Also, this law doesn’t talk of a punishment for not following the residence order which is passed by the Magistrate. It merely gives the punishment for infringement of the protection order. A residence order is essential to protect the aggrieved party from being a victim of further brutality. This order directs the respondent and his relatives to not dispose the aggrieved party from the ‘shared household’ which is generally the recourse followed by the respondents in the Indian scenario. The absence of a punishment for such a violation does not check the economic insecurity of a domestic-violence victim. We can induce from the law that the legislature expects that the respondents would act in good will and would honestly follow the orders of the court, but then again, people are neither completely black nor white, we all have our shades of black. Many have justified the lack of this provision in the law by stating that the victim having suffered the dispossession from the shared household by going to the court. What then are the chances that the respondents would leave her in a condition to fight her rights? Lets face it, none. To make the situation worse, this doesn’t fall within the purview of the duties assigned to the protection officers giving ample scope to the respondents to misuse the law. Trepidations of in camera proceedings: Though, we have previously seen that in camera proceedings help preserve the dignity of the victims in cases where they faced the extremity of sexual violence. The benevolence of the law-makers is lost, due to the inclusion of discretion, where either party can decide if in camera proceedings were required. Generally, when opted by the respondents it may be used as a weapon to intimidate the aggrieved party where she might be the only woman in the court room surrounded by a sea of sneering male magistrates, lawyers, police, other officials and her male opposition. Sexual innuendos cannot be completely overlooked. Changes have to be made to the law, by removing this right that they have ordained to the respondent, and by stating that the choice to opt for in camera proceedings be left only to the aggrieved party. The aggrieved party should also be allowed to be accompanied by any relative or social workers or a woman to support her emotionally. Indian women have suffered domestic violence for eons together in utter silence, what makes the legislature think that she will suddenly be emotionally strong herself to fight against a society dominated by men. Passing of such a law isn’t quite enough to strengthen the intentionally weakened and demeaned woman, adequate support is also essential. Broad definition of domestic violence: The previously commended all- encompassing nature of ‘domestic violence’ has also been critiqued upon the presence of this very broadness. The law-makers by making the definition of domestic violence so comprehensive have unconsciously increased the chances of it being misused by the so-called aggrieved parties. We have found instances where cases filed earlier under the Dowry Prohibition Act or 498A of the IPC have turned out to be bogus or manipulated by the parties. This definition has also been looked down upon by eminent jurists who feel that the women will now try to bring in each and any incident within the ambit of this definition in order to gain an immoral and unethical advantage provided to them due to the ‘oppressed section’ to which they belong. Truth being, irrespective of sex human beings are excessively selfish, nobody can be completely deprecated or applauded. Men are not the only criminals here. Lack of gender neutrality – eroding equality with its very acceptance: When we speak of the need of equality and placing both the sexes on an equal footing, by passing such a law is thoroughly discriminatory in nature and with discrimination inequality immediately results, giving either sex the upper hand. Men’s organizations like the ‘Save Indian Family’ has criticized the law since it lacks gender neutrality, where abused men have not been covered. Renuka Chowdhury, the Indian Minister for Women and Child Development, agreed in a Hindustan Times article that "an equal gender law would be ideal. It would be like saying that government of our country saying that there should be equality amongst people belonging to the lower strata of the society and consequently passing the reservation laws in work environments and educational institutions more so. Sh.B.N..Singh former Assam Governor observed, “Dr.B.R.Ambedhkar fixed the limit of reservation for 10 years in the hope that within this period untouchability would end and a new social order would emerge. But it did not end. We are still trying to solve the problem and fixing another limit. The judgement of the Supreme Court in the Mandal case has ensured a fresh lease of life to the cancer of casteism for a long and indefinite future. The judgement would revitalize casteism, divide the nation into two- forward and backward…” Time and again the legislature has been found to be contradicting the goals which it wishes to achieve. But then speaking realistic, how many men are actually sexually and economically harassed and beaten by their women counterparts? A justification which is enough to satiate a feminist. There is a complete lack of physical evidence, considering men are physically stronger than women. Even if evidence is produced why this sudden cry for equality in treatment by the Indian men? Where was this cry for equity when women’s basic rights were and are being trampled upon for generations together? Because it is normal and accepted?! This male hypocrisy should be abhorred. Those who want equity should do equity in return. Therefore, the law with its merits and demerits has been thoroughly looked at, clearly the merits outnumbering the number of demerits as its offshoots. It can be concluded that a law if in the right hands will serve its purpose, however, as soon as it falls into the hands of perfidious beings the law, instead of being a weapon will be reduced to a nuisance. If women manipulate their way into being protected by this law, are only further endangering their own race, as then laws like this would not be encouraged. Law will only help in establishing social order when people within this social sphere are void of pretension and are altruistic in nature. If certain changes are made to this law by the legislature, along with the adequate support of Samaritans (Read: Women, NGOs and other social groups) the law will definitely helping in absolutely eradicating the very roots of this ugly phenomena of ‘Domestic Violence’ from each and every household and the message of equality of sexes will spread to every nook and corner. The long drawn battle of the sexes will finally cease to exist!

Consequences of the law:

As soon as the rules of this Act were published and the Act finally became operational, a number of incidents took place all over the country indicating the end of a patriarchal society in India. Some of them have been enumerated which reflect this unanimous acceptance from the public:

Separate courts will be set up in Kerala exclusively for women. This was inaugurated by the Home Minister of Kerala, Kodiyeri Balakrishnan. This is basically to avoid inordinate delay in the atrocity cases against women. Eventually, this would bring down the rate of domestic abuse. A Dalit girl, Bimla Meena is provided relief by the court under the Domestic Violence Act, who wanted to study further but was obstructed by her father and relatives who refused to pay the college fees. The Secular nature of the law was recently brought into limelight, when a divorced Muslim woman’s (Rabia) husband was directed by the court to continue to provide her and their children with food, clothes, shelter, medicines and school facilities till the case was finally wrapped up. The contention made by the respondent referring to the applicability of the Muslim Protection Act and Divorce Rights Act 1986 was denied. This law stated that, after divorce a wife has no rights left to ask for compensation and alimony. The magnanimous nature of this law was also accentuated when a recent case filed with the High Court of UP under this Act, granted maintenance to an unmarried girl by her brother, who was directed to provide her with protection and a living right in their father’s house. This was the first ever case filed under the Domestic Violence Act, in Uttar Pradesh. Recently, Mahila courts were established in the Cuddalore district of Tamil Nadu forming the 8th of such court. As the name suggests, this court has been established with a view to ending the discrimination faced by the women in India. Hiralal Chauhan, was directed by a city court in Rajasthan to pay maintenance to his estranged wife, Santosh Chauhan for torturing her physically and mentally for the payment of dowry. This was again the first of its kind case in Rajasthan, filed under the Domestic Violence Act. The first ever victim after the passing of the said Act, was Mary of Tamil Nadu who filed a suit against her husband, Joseph (a regular wife thrasher). He was consequently arrested by the police authorities. This formed as a precedent, as immediately after the arrest of Joseph a government employee (Sivakumar) was arrested (under the Domestic Violence Act) by the police for torturing his wife who had taken obscene pictures of her in his mobile phone to extract more dowry from the victim. Cases under various sections of the IPC were also registered against him. The law has been hailed by the All India Democratic Women's Association, the NGOs, and human rights organizations. These above instances are mere examples of how this law and its provisions have spread like fire. This law can be concluded to be           ground – breaking and will (eventually!) result in a change in the societal perception of women’s liberation and the status which they share with their counterpart, men. The

passing of this law, however, is just the first step to fight the good fight!