Monday, November 30, 2020

LAWS RELATED TO WOMEN

 INTRODUCTION TO LAWS RELATED TO WOMEN

DOMESTIC VIOLENCE ACT 2005



“Domestic violence became a lifestyle for me and my children….” 

We have decided to dedicate this blog to those violence survivors who can relate to the above-mentioned statement and we are also eager enough to share a story that left a lasting impression on us. For confidentiality purposes, we have changed the name of the abuse survivor.

 

Reena who is 37 years old was married to Suresh 15 years back, accepting the patriarchy and supremacy of the male members it was quite normal for Reena that all her actions were controlled by her husband, meeting her parents was also not in her hands. She never revolted back because of her husband’s controlling behaviour she as a kid she saw her mother obeying her father and there was nothing odd in it. Things became odd when the medical condition of Reena fluctuated and she was asked by her gynaecologist to stop sexual activities for some time with her husband for proper healing after their first child, she explained the same to her husband. Suresh was a casual drinker so he uses to force his will every day on Reena neglecting her medical condition; it became worst when due to adverse sexual activities her problem increased and left her in excruciating pain and when she spoke about the same to her mother-in-law she asked her to suffer a little because it was her duty to fulfil her husband’s vows.

 

Now looking at Reena’s condition we feel there is an immense need to understand that “there is no excuse for abuse” and the chain of abuse needs to be broken by raising one’s voice. To break the chain we need to understand how to identify abuse. There are the following kind of abuses-

(i)            Physical abuse: Any act or conduct which is of such a     nature as to cause bodily pain, etc

(ii)          Sexual abuse: Includes any conduct of a sexual nature that abuses, humiliates, degrades, or otherwise violates the dignity of a woman;

(iii)        Verbal and Emotional abuse includes-

(a)   insults, ridicule, humiliation, name-calling, and insults or ridicule especially concerning

          not having a child or a male child; and

(b)   repeated threats to cause physical pain to any person in whom the aggrieved person is interested.

(iv)         Economic abuse includes-

    deprivation of all or any economic or financial resources to       which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance; etc.





Fig 1: The Cycle of Abuse

 

With the proper understanding of the type of abuse, one should always know what must be the individual efforts-

  • Raise your voice.
  • Speak about it to your friends and relatives.
  • Take help from the nearest police station.
  • You can even take the help of the Magistrate.

Rules and regulations are not enough only when we don’t know the understanding and applicability of them, but when we get well versed with it they become our rescue which is the whole idea of this blog.

 

- Article by Palak Mahecha (Volunteer) and Shivani Singh (Legal advisor at Sambhali Trust)

If you have any queries or doubts related to domestic violence - feel free to consult our Toll-free Helpline number - 180012000200 or Consult/WhatsApp us for free legal advice at +91 63677 11327

 

COMPREHENSIVE METHOD LEGAL AID

This blog is in continuance with the earlier blog - focused on the psycho-social

aspects and aid available to the victims of gender-based violence. This part of

the blog is an effort to elaborate on the legal services which are essential for

gender-based violence survivors.

Regarding the earlier blog, we have analyzed as to how is psycho-social help

very essential to the women who has suffered violence and is a victim of

gender-based abused. We also mentioned that all around the world, one out of

three women suffer gender-based abuse, and it is even painful to summarize that

the number is drastically increasing.[1] The lockdown period during the corona

virus pandemic was the darkest period for the women as it witnessed the highest

number of domestic violence cases in not just India but all around the globe

alongside fighting the pandemic.[2] We believe that a proper kind of legal

counseling and guidance can solve a lot of problems because belonging to the

legal fraternity of this country, we believe that every person suffering has the

right to access justice.

Legal aid will enable the woman to stand for herself as it will equip her with the

information of her legal rights available to her. We have witnessed that the

women who are a victim of gender-based violence are even scared to register a

simple F.I.R (first information report) or complaint, which is the primary

importance for starting the legal proceeding. We at this organization provide

legal counseling to the women and help them understand their legal rights

available to them and also stand with the women from the filing of the case till

the disposal of the same.

Apart from counseling, with the help of workshops and campaigns, we educate

women about the rights, benefits, and schemes available for women and the girl

child. We aim to spread awareness about legal information and its importance in

their daily lives. With the simple motive of “EASY AND SUBSTANTIAL LEGAL

ASSISTANCE,” we hope to remove the hesitation they face from police

machinery and the judiciary. We aim to make the women so fearless that in the

coming future, they can reach out to the system without being scared of it. 

There have been various compensation schemes introduced by the National

Legal Services Authority like “Compensation Scheme for Women

Victims/Survivors of Sexual Assault/other Crimes - 2018.”   That has been

available for the victim of sexual abuse and violence survivors. We found that

the lacuna for the arising number of gender based violence cases was

unavailable access to justice and unawareness about the laws and prevention of

crimes. So with this comprehensive approach, we work on providing education

on the benefits available to the victims. 

It is a general phenomenon that the person who is legally-equipped tends to feel

much wiser and independent, so by this holistic outreach - we tend to make the

women feel strongly about themselves. By this promising approach, we tend to

become the bridge between the victims and the system so that no voice goes

unheard. 

If you have any queries or doubts - feel free to consult our Toll-free Helpline

number - 180012000200 or Consult/WhatsApp us for free legal advice at +91

63677 11327

 - Article by Palak Mahecha (Volunteer) and Shivani Singh (Legal advisor at Sambhali Trust)

Source:

[1] https://news.un.org/en/story/2019/11/1052041

[2] https://edition.cnn.com/interactive/2020/10/world/coronavirus-impact-domestic-abuse-

global

1 comment:

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