OPEN FORUM
New Delhi, 9 November 2006
Need To Keep Her
Safe
LAW NOT ENOUGH TO
PROTECT WOMEN
By T.D. Jagadesan
Even as the recent law to safeguard women against abuse at
home under the Protection of Women from Domestic Violence Act, 2005 is welcome,
we cannot afford to ignore the issue
of effective enforcement of laws like the Equal Remuneration Act, the
Prevention of Immoral Traffic Act, the Sati Prevention Act and the Dowry
Prohibition Act, 1961.
As pointed out by a legal luminary 1983 provision of Indian
Penal Code 498A states that “whoever, being the husband or the relative of the
husband of a woman subjects such woman to cruelty shall be punished with
imprisonment for a term which may extend to three years and shall also be
liable to fine”.
Yet, legal provisions created specifically to protect women
have neither put an end to dowry demand nor domestic violence against him. Poor enforcement apart, it is the absence of
financial and social empowerment of women that reduce protective laws to
political tokens or “gifts”. Indeed this
is not to take away from such legislation their significance as democratic instruments
to ensure protection of human rights, for only when the legal framework is in
place can it be enforced. However, the issue needs deeper redressal.
The Act, it may be pointed out, provides for enforcement
officers to facilitate filing of complaints by woman victims and even allows
third party complaints. Yet, few women
in India---
who are subject to cruelty at home---would want a formal complaint lodged. Does
she have the financial security and backing of other family members---including
even her own parents and siblings to be able to take such a step?
Often, when women subject to cruelty in the matrimonial home
take their problems to their parents, they are sent right back for fear of
social ostracism. Financial empowerment provides security and generates
confidence. Only a change in the social
mindset--- that objectifies the female gender can help overturn the prevailing
perspective of women as mere domestic service providers and child-bearers.
Only when women have the freedom to get educated, to pursue
a vocation or profession of their
choice, to have control over their income, to choose not to marry, and if
married, choose not to necessarily
bear a child, can they be expected to be treated with respect and dignity. For, with economic empowerment comes social
recognition that will enable women to break free.
Women are victimized because of social taboos and lack of
resources, education for all and gender-specific financial incentives like a 2
per cent tax waiver on investments made by women, for instance, would make it
easier for them to not only overcome victimization but also ensure enforcement
of gender-safety laws.
Predictably, the Act has received mixed response. There are
some who feel that the Act will finally recognize a problem which is faced, in
some form or the other, by 70 per cent of Indian women, while others feel that
bringing in a legislation is only half the job done.
Women’s groups which pushed for the law have hailed it as a
comprehensive legislation. “This is a
historic law. This is a Diwali and Eid gift for women. There can be no bigger happiness for us than seeing the law, which is our baby,
come into being”, National Commission
for Women (NCW) chairperson Girija Vyas was quick to claim, as reported in the
newspapers.
The Centre for Social Research Director, Ranjana Kumari
agreed that the law was radical and tackled an ugly side of society that was
often brushed under the carpet. “This law recognizes assault
and torture, sexual violence within marriage and the legitimacy of live-in
relationships”, she said. Ranjana
pointed out that under the law, the victim could go directly to a court for
protection.
In India,
National Crime Record Bureau (NCRB) as reported registers a case of cruelty by
husbands and relatives every 9 minutes.
National Commission for Women
has in 2003-04 recorded 902 cases of dowry harassment
and 310 cases of matrimonial disputes.
Though welcoming the law, activists say these statistics do
not account for growing crimes against women. They make the point that success of this legislation will depend on combating
problems of illiteracy and ignorance amongst women as well as deep-rooted
stigmas in reporting domestic violence.
Terming implementation of the new legislation as a
“challenging issue”, Supreme Court
lawyer, Indira Jaisingh said, “There are some unanswered questions. The
Government has not made any budgetary allocation to appoint protection
officers. I expect them to come up with excuse like there are not enough judges
and resources to effectively implement the law”. She argued that people with the right
training needed to be appointed as protection officers.
Besides bureaucratic hurdles, criticism that the law has
attracted is that it could be used to settle scores and booking false cases.
Seeking to dismiss this, Jaisingh, a
lawyer, said. “This is a civil law. It
gives a woman the right of residence, maintenance and protection. It must not be confused as a criminal law and
the phobia of misuse should be put aside”.
Yet, as there is a jail term for those found guilty, critics
of the law argue that the possibility
of a bitter falling out between couples leading to complaints being filed
cannot be ruled out. The law, for all the debate it has attracted, may well be
over due as domestic violence is part of crimes against women which are
increasing.
According to the World Development Report of the World Bank,
“Women aged between 15 and 44 years lose more “discounted health years of life”
to rape and domestic violence than to breast cancer, cervical cancer,
obstructed labour, heart diseases. AIDS,
respiratory infections, motor vehicle accidents or war”.---INFA
(Copyright,
India News and Feature Alliance)
|