Pwdv act 2005

Pwdv act 2005

1. Protection of Women Against Protection of Women Against
Domestic Violence Act, 2005Domestic Violence Act, 2005
OPTOM FASLU MUHAMMED

2. PWDVA Passed in 2005 and PWDVA Passed in 2005 and
implemented Since October 2006implemented Since October 2006 . .
►The Act is the outcome of years of The Act is the outcome of years of
struggle by the women’s movement in struggle by the women’s movement in
India to get an Act that provides India to get an Act that provides
comprehensive protection to women comprehensive protection to women
against Domestic Violenceagainst Domestic Violence
►The Act broadens the definition of The Act broadens the definition of
domestic violencedomestic violence..
►The Act broadens the definition of The Act broadens the definition of
domestic relationships to include mothers, domestic relationships to include mothers,
wives, sister in-laws , daughters, wives, sister in-laws , daughters,
daughter in-laws and women in marriage daughter in-laws and women in marriage
like relationships not recognized by lawlike relationships not recognized by law

3. A Rights Based LawA Rights Based Law
►Protection of Women's from Domestic Protection of Women's from Domestic
Violence Act recognizes a life free of Violence Act recognizes a life free of
violence and fear, as a woman's right violence and fear, as a woman's right
and makes the state responsible for and makes the state responsible for
extending protection against domestic extending protection against domestic
violence to women. violence to women.

6. Protection Against Inequality Based Protection Against Inequality Based
In Patriarchal NormsIn Patriarchal Norms
►In a society where women are often denied In a society where women are often denied
their rights and dominant structure of family their rights and dominant structure of family
state and civil society are still patriarchal, state and civil society are still patriarchal,
Protection of Women's from Domestic Protection of Women's from Domestic
Violence Act seeks to protect women from Violence Act seeks to protect women from
all forms of domestic violence and check all forms of domestic violence and check
harassment and exploitation by family harassment and exploitation by family
members or relatives. members or relatives.

7. ►The Protection of Women's from Domestic The Protection of Women's from Domestic
Violence Act PWDVA is a powerful tool in Violence Act PWDVA is a powerful tool in
the hands of women as it affords them the hands of women as it affords them
protection and the right to continue to live in protection and the right to continue to live in
the shared household. the shared household.
►The first and immediate consequence, if a The first and immediate consequence, if a
woman files a complaints against Domestic woman files a complaints against Domestic
Violence is dispossession- throwing the Violence is dispossession- throwing the
woman out of the house and taking custody woman out of the house and taking custody
of children. Protection of Women's from of children. Protection of Women's from
Domestic Violence Act PWDVA protects a Domestic Violence Act PWDVA protects a
woman against this and empowers her to woman against this and empowers her to
claim immediate maintenance and claim immediate maintenance and
compensation.compensation.

8. The Impact Of This The Impact Of This
Rights Based Law OnRights Based Law On
Male Behavior and Male Behavior and
MasculinitiesMasculinities

9. Protection of Women against Domestic Protection of Women against Domestic
Violence Act (PWDVA) 2005:Violence Act (PWDVA) 2005:
highlightshighlights
►Rights-based (civil) law Rights-based (civil) law
►Advocates the right to live with dignity Advocates the right to live with dignity
►First law in India to define DV in a First law in India to define DV in a
comprehensive waycomprehensive way
►Legal right to live a life free of violence Legal right to live a life free of violence
►Government accountable to stop DVGovernment accountable to stop DV
►Emergency orders to stop DV (right to Emergency orders to stop DV (right to
residence, protection orders)residence, protection orders)

26. ►498A makes the harassment of a 498A makes the harassment of a
woman in her marital home a non-woman in her marital home a non-
bailable, noncompoundable, bailable, noncompoundable,
cognizable offence.cognizable offence.
►The demand is legal intervention The demand is legal intervention
to make the, section non-to make the, section non-
cognizable, bailable and cognizable, bailable and
compoundable.compoundable.

27. ►Protests against PWDVA instead of being Protests against PWDVA instead of being
based on facts or logical analysis are rooted based on facts or logical analysis are rooted
in a fear and threat psychosis that uses in a fear and threat psychosis that uses
violent, abusive language and predictions of violent, abusive language and predictions of
social chaos and doom as outcomes, if social chaos and doom as outcomes, if
PWDVA and such laws are implemented.PWDVA and such laws are implemented.

29. Lack of an appropriate environment Lack of an appropriate environment
conducive for implementationconducive for implementation
►An Act such as the PWDVA questions the An Act such as the PWDVA questions the
basic structures of society and has basic structures of society and has
extended in a top down process the rights extended in a top down process the rights
denied to women by that society and denied to women by that society and
institutions set up by the state.institutions set up by the state.
►The PWDVA by empowering women has The PWDVA by empowering women has
actually made men feel powerless actually made men feel powerless
(notionally)(notionally)
►Working against violence hits at the roots of Working against violence hits at the roots of
patriarchal ideology. It means men would patriarchal ideology. It means men would
have to take responsibility for their actionshave to take responsibility for their actions

30. Immediate Measures to enable Immediate Measures to enable
implementationimplementation
►appropriate trainingsappropriate trainings to protection officers, to protection officers,
judges, service providers, police and lawyers. judges, service providers, police and lawyers.
►Registration of service providers and notification of Registration of service providers and notification of
medical facilities and shelter homesmedical facilities and shelter homes
►Appointment ofAppointment of full time protection officers full time protection officers
and provision of proper infrastructure and other and provision of proper infrastructure and other
facilities facilities
►allocation of adequate budgetallocation of adequate budget for the for the
effective implementation of the law.effective implementation of the law.
►mass awareness campaignsmass awareness campaigns carried out by carried out by
the government through print and electronic the government through print and electronic
media.media.

31. Impacting policy environment in the Impacting policy environment in the
long term long term
For the policy to be implemented in spirit it is For the policy to be implemented in spirit it is
first and foremost important that the state first and foremost important that the state
places into place the enabling environment places into place the enabling environment
that would make violence free life a reality that would make violence free life a reality
for women. for women.
►Based on an analysis of the social Based on an analysis of the social
institutions and trends of socio-economic institutions and trends of socio-economic
development formulate a long term strategy development formulate a long term strategy
to counter the patriarchy in all its forms and to counter the patriarchy in all its forms and
at all levels. at all levels.

32. And finally, the state will have to be resilient And finally, the state will have to be resilient
to the totally unreasonable logic and the to the totally unreasonable logic and the
mythical research put forth by groups mythical research put forth by groups
demanding review of the Act .demanding review of the Act .
►However in a populist democracy such as However in a populist democracy such as
ours this can come only from a strong ours this can come only from a strong
women's movement that is grass roots up. women's movement that is grass roots up.
Exactly the kind that succeeded in putting Exactly the kind that succeeded in putting
the Act into place in the first place.the Act into place in the first place.

34. UN Secretary-General, Ban Ki-MoonUN Secretary-General, Ban Ki-Moon
8 March 20078 March 2007
►““Violence against women and girls Violence against women and girls
continues unabated in every continent, continues unabated in every continent,
country and culture. It takes a devastating country and culture. It takes a devastating
toll on women’s lives, on their families, and toll on women’s lives, on their families, and
on society as a whole. Most societies on society as a whole. Most societies
prohibit such violence — yet the reality is prohibit such violence — yet the reality is
that too often, it is covered up or tacitly that too often, it is covered up or tacitly
condoned”. condoned”.

35. Situation of violence against women in Situation of violence against women in
IndiaIndia
►Gender discrimination, including Gender discrimination, including physicalphysical, , sexualsexual, ,
emotionalemotional and and economiceconomic violence, violence, son preferenceson preference, ,
unequal resource distributionunequal resource distribution and and unequal unequal
decision-making powerdecision-making power (in both private and public (in both private and public
spaces)spaces)
►Caste discriminationCaste discrimination, especially (but not restricted , especially (but not restricted
to) women from specific castesto) women from specific castes
►Communal violenceCommunal violence against women against women
►Neo-economic policiesNeo-economic policies impacting women’s lives in impacting women’s lives in
diverse ways (specific kinds of jobs for women, diverse ways (specific kinds of jobs for women,
market impacting men leading to increasing market impacting men leading to increasing
violence against women) violence against women)

36. Laws under the Indian Penal Code (IPC)Laws under the Indian Penal Code (IPC)
►Dowry Prohibition ActDowry Prohibition Act: any property or valuable : any property or valuable
(direct or indirect) given before, at or after the (direct or indirect) given before, at or after the
marriagemarriage
►Section Section 304B304B: Death of a woman within 7 years : Death of a woman within 7 years
of her marriageof her marriage
►Section Section 498A498A: When husband or his family : When husband or his family
subjects woman to cruelty (“intentional” subjects woman to cruelty (“intentional”
behaviour that causes serious injury or behaviour that causes serious injury or
harassment for dowry)harassment for dowry)
►Section Section 376: 376: Rape lawRape law
►Section Section 294294: Obscene acts and songs: Obscene acts and songs
►Section Section 354354: Intent to outrage a woman’s : Intent to outrage a woman’s
modestymodesty

37. Women’s Movement in IndiaWomen’s Movement in India
►Growth in autonomous women’s organisations Growth in autonomous women’s organisations
over the past three decadesover the past three decades
►Increased awareness of women’s rightsIncreased awareness of women’s rights
►Demand for special cells of women police Demand for special cells of women police
officers for investigation officers for investigation
►Change in women’s status: stronger “political” Change in women’s status: stronger “political”
voice; visibility in the economy (including in non-voice; visibility in the economy (including in non-
traditional professions); more number of girls in traditional professions); more number of girls in
education education
►Campaigns about violence against women (from Campaigns about violence against women (from
the individual to the community level) the individual to the community level)
►JAGORI as an example JAGORI as an example

38. State initiatives in IndiaState initiatives in India
►Police initiatives to introduce a more Police initiatives to introduce a more
rights-based approach to women’s issues rights-based approach to women’s issues
(gender training of their personnel and the (gender training of their personnel and the
ParivartanParivartan programme of the Delhi Police) programme of the Delhi Police)
►Government schemes for the girl childGovernment schemes for the girl child
►Institutionalising safety of women and Institutionalising safety of women and
girls: the Delhi government initiativesgirls: the Delhi government initiatives
►Changing policy into law – initial stages: Changing policy into law – initial stages:
sexual harassment at the workplace sexual harassment at the workplace
guidelines and child sexual abuse draft bill guidelines and child sexual abuse draft bill

39. ChallengesChallenges
►Cultural mindset about womenCultural mindset about women
►““Superiority” of men versus “inferiority” of Superiority” of men versus “inferiority” of
women (both within private spaces like the women (both within private spaces like the
family, and public spaces like the family, and public spaces like the
workplace) workplace)
►““Public” domestic violence (“honour” killings, Public” domestic violence (“honour” killings,
community courts) community courts)
►Myth of male marginalisation used to Myth of male marginalisation used to
support withdrawal of progressive legislation support withdrawal of progressive legislation
(like reservations)(like reservations)

40. Way aheadWay ahead
►Increase in women’s participation at all Increase in women’s participation at all
levels: social, economic and politicallevels: social, economic and political
►Awareness of women’s rights – by the Awareness of women’s rights – by the
State, civil society organisations, as well as State, civil society organisations, as well as
the public at largethe public at large
►Gender budgeting and gender Gender budgeting and gender
mainstreaming within State agencies and mainstreaming within State agencies and
civil society organisationscivil society organisations