Domestic Violence In India: Cases Under The Protection Of Women From Domestic Violence Act,2005

Abstract

After prolonged lobbying, the Protection of Women from Domestic Violence Act of 2005 was implemented in India in October 2006. The Act soon gave rise to cases. This article is based on a preliminary study using questionnaire-based interviews of litigants in Delhi who were involved in cases under the Act. Primary data, taken from all the Delhi Metropolitan Magistrates Courts at that time, concern the background of those who used the law, the litigation process, implementation of the law and the forms of violence addressed. The article seeks to assess the effectiveness of this new legislation and examines specifically what kinds of people bring actions under this new gender-specific law. In addition, qualitative assessment of the perceptions of different kinds of violence by complainants and respondents provides deeper insights into ongoing and potential contestations over gender-based violence.

Keywords

biradari Delhi dispute settlement divorce domestic violence dowry family law gender India maintenance stridhan

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References

Agnes

Flavia

(2000) Law and Gender Inequality. The Politics of Women’s Rights in India. New Delhi: Oxford University Press.

Das

P.K.

(2009) Universal’s Handbook on Protection of Women from Domestic Violence Act & Rules. Third edition. New Delhi: Universal.

Holden

Livia

(2008) Hindu Divorce. A Legal Anthropology. Aldershot: Ashgate.

Jaising

Indira

(Ed.) (2001) Law of Domestic Violence. A User’s Manual for Women. New Delhi: Universal.

Jaising

Indira

(Ed.) (2005) Men’s Laws, Women’s Lives. A Constitutional Perspective on Religion, Common Law and Culture in South Asia. New Delhi: Women Unlimited.

Mathew

Shalina Susan

Goyari

Phanindra

(2011) ‘Working Women Households and Time-Saving Consumption: Empirical Evidence from Kerala’. South Asia Research, 31.2 (July): 119–34.

Shalu

Nigam

(2005) ‘Understanding Justice Delivery System from the Perspective of Women as Victims of Domestic Violence in India’. Occasional Paper No. 39, New Delhi: Centre for Women and Development Studies.

Towards Equality (1974) Report of the Committee on the Status of Women in India. New Delhi: Government of India, Ministry of Education and Social Welfare.

Wyatt

Robin

Masood

Nazia

(2010) Broken Mirrors. The ‘Dowry Problem’ in India. New Delhi: SAGE.