WOMEN STILL OBLIVIOUS OF LEGAL ' SHAKTI '

ALLAHABAD, 2 Mar 2009, : When Surekha (name changed) approached the police to register a complaint against her husband's atrocities on a routine basis, the police asked her to lodge a case under the Domestic Violence Act, 2005. However, the victim insisted the police to file a case under 498 A of IPC (Dowry Act) even after 11 years of her marriage. Ironically, no case was lodged under Domestic Violence Act 2005 in any police station of the district last year despite the fact that many cases related to domestic violence were reported or were pending with the authorities concerned. Police officials candidly claim that people are not aware about the Domestic Violence Act 2005, and its related laws and as a result, the victims (women) insist police to lodge their cases under 498 A of IPC asserting that Dowry Act may be more influential to teach a lesson to their errant husbands. "According to provisions of the act, if the police during the course of investigations gets enough evidences that the incident is under the purview of Domestic Violence Act, it can directly register a case and file charge-sheet accordingly," said a High Court lawyer while talking to TOI. "The victims could dial 11 in case of emergency or approach the members of state women commission," he further added. The fact is that DV Act can bring back the rights of the victims. But, lack of knowledge has been a major obstacle for women to get their rights. The police department, however, claims that they have been apprising the victims about the importance of DV Act, 2005 but all in vain. There are many like Surekha who are least interested to know the real strength of Domestic Violence Act. Mahima (name changed) was thrown out of the house along with two children by her husband and it took near about three years to rule that she has the right to reside in her residence but her husband sold the house. When she again resisted, the law enforcement agency was not able to offer any sort of help claiming that the owner has a right to sell the house. In year 2008, the police had registered as many as 252 cases under 498 A of IPC. But when police investigated cases thoroughly, police claim that in around 70 per cent of these cases, domestic violence was the main problem with victims. As these victims were not aware about the Domestic Violence Act 2005, they simply asked police to lodge the case under Dowry Act despite knowing the fact that the case had to do nothing with dowry problem. "When a woman comes to a police station and wants to complain against her husband's routine torture, she simply ask to lodge an FIR under Dowry Act," said an ASP rank official adding that the victims even don't want to listen about Domestic Violence Act suspecting that their case would be weak if they go for it. However, the police department are now geared up to aware fairer sex about the importance of Domestic Violence Act and cops have been instructed to apprise the victims about it and lodge cases under the same act if women (victims) complain about regular harassment or torture within four walls. POLICE CLAIM: Victims very often don't want to know about the Domestic Violence Act, 2005 and insist the officials to lodge their case under Dowry Act as they have some misconceptions. Victims prefer to get their cases registered under 498 A of IPC instead of lodging it under appropriate Sections. Public Awareness Needed TO Guide Victims--- Domestic Violence Act, 2005 is a good law but has been rendered useless. There is an urgent need to aware women about the importance of the Act that if they are facing routine torture or harassment from their husbands or some other person in the family they can register their case under the DV Act, 2005. WHAT IS DOMESTIC VIOLENCE ACT, 2005? * It is the first act to be made through public participation * Enacted after a gap of nine years after brain storming discussions * Not only covers wives but all fairer sex in a family * Covers physical, mental, verbal and economic violence * Separate justice delivery set up in every district * Aims to offer relief from long civil or criminal suits * NGOs to work as service providers to assist victims * Protection officers and counsellors to help victims Defines Aggression & Annoyance * Illegitimate dowry demands * Beating, kicking, pushing ,slapping and hitting etc * Forcing girls to marry against their wishes * Act causing pain, harm, danger to life and health * Humiliation or abuses to degrade * Accusation on a woman's character or conduct * Not offering essential commodities like money, food, cloths and medicines * Also causing hindrance to employment opportunities * Selling wives jewellery or other assets without assent PUNISHMENT * A year’s imprisonment and R 20,000 fine * All crimes are non-bailable * Restraining husband from selling off properties * Restraining husbands stand in household area where aggrieved resides RIGHTS FOR WOMEN RESERVED * Right to reside in the matrimonial and share household * Can directly approach protection officer * Role of police minimal * Polices duty to inform victim about rights * Protection Officers to file domestic incidence report in court within 3 days * Court can give immediate relief of Rs 20,000 * Court to dispose within 90 days OTHER LAWS & INSTITUTIONS * CRPC Section 498 for violence and Section 125 for maintenance * Prevention of Dowry Harassment Act- provides for punishment * Separate mahila thana. * National/state women commission. * Dial 100 in case of emergency.

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