Eliminating violence against women By JK Latest News
Eliminating violence against women
By MUNEEB RASHID MALIK
muneebrashidmalik@gmail.com
The pandemic has brought various challenges before us and one of the most infelicitous challenges is the problem of violence
Honesty, pride andself-esteem
are crucial to the personal
freedom of a woman. Social
progress depends on the prog-
ress of everyone. Following
words of the father of our nation
must be noted at all times: To call
woman the weaker sex is a libel; it
is man’s injustice to woman. If by
strength is meant moral power, then
woman is immeasurably man’s supe-
rior. Has she not greater intuition,
is she not more self-sacrifi cing, has
she not greater powers of endurance,
has she not greater courage? Without
her, man could not be. If non-violence
is the law of our being, the future is
with woman. Who can make a more
effective appeal to the heart than
woman?” - Mukesh v. State (NCT of
Delhi), (2017) 6 SCC 1.
The International Day for the
Elimination of Violence against
Women is observed every year on 25th
November.
This day was fi rst com-
memorated in the year 1999 follow-
ing a proclamation from the United
Nations General Assembly. This
year’s theme for the International
Day for the Elimination of Violence
against Women is “Orange the World:
Fund, Respond, Prevent, Collect.”
This year’s International Day for
the Elimination of Violence against
Women will mark the launch of 16
days of activism that will conclude on
10th December, 2020, which is Interna-
tional Human Rights Day. The World
Human Rights Conference in Vienna,
fi rst recognised gender-based vio-
lence as a human rights violation in
1993. The Declaration on the Elimi-
nation of Violence Against Women,
adopted by the United Nations Gener-
al Assembly in 1993, defi nes violence
against women as any act of gender
based violence that results in, or is
likely to result in physical, sexual,
or psychological harm or suffering
to women, including threats of such
acts, coercion or arbitrary depriva-
tion of liberty, whether occurring in
public or private life.
It encompasses,
but is not limited to physical, sexual
and psychological violence occurring
in the family, including battering,
sexual abuse of female children in the
household, dowry related violence,
marital rape, female genital mutila-
tion and other traditional practices
harmful to women, non-spousal vio-
lence and violence related to exploi-
tation; physical, sexual and psycho-
logical violence occurring within the
general community, including rape,
sexual harassment and intimida-
tion at work, in educational institu-
tions and elsewhere; traffi cking in
women and forced prostitution; and
physical, sexual and psychological
violence perpetrated or condoned by
the state, wherever it occurs.
The COVID-19 pandemic has
spread like wildfi re in the entire
world and is hardly showing any
signs of disappearing anytime soon.
Mental health problems are becom-
ing more numerous, with the effl ux
of time, and lucid panaceas look like
a distant dream.
We have to become
profi cient in living with this deadly
virus until a fruitful vaccination for
COVID-19 springs up. The pandem-
ic has brought various challenges
before us and one of the most infe-
licitous challenges is the problem
of violence against women which
has affected their physical, mental,
and social well-being during these
unprecedented times. Between 1st
March, 2020 and 18th September, 2020,
the National Commission for Women
has received over 4,300 complaints
of domestic violence which means
the commission has received a large
number of complaints during this
pandemic and this worrying rise in
the number of complaints of domestic
violence is a matter of grave concern.
The increase in the number of cases
of domestic violence during the lock-
down is not only due to the corralling
of people in their abodes but it is also
due to various other factors such as
mental sufferings, loss of jobs, frus-
tration, reduction in income, alcohol
abuse and restricted social support.
According to the World Health Orga-
nization, one in every three women
across the globe experience physical
or sexual violence in their lifetime.
In India, before the advent of the
Protection of Women from Domes-
tic Violence Act, 2005, the victims
of domestic violence were able to
approach the court under Section
498-A of the Indian Penal Code, 1860,
which provides for husband or rela-
tive of husband of a woman subject-
ing her to cruelty. Therefore, the
Protection of Women from Domestic
Violence Act, 2005, was enacted to
protect women from domestic vio-
lence. The Act aims to provide for
effective protection of the rights of
women guaranteed under the Con-
stitution of India who are victims
of violence of any kind occurring
within the family and for matters
connected therewith. The Act’s pri-
mary objective is to protect a woman
from cruelty or any kind of violence
committed on her by her in-laws or
husband at her matrimonial home.
Under the Protection of Women
from Domestic Violence Act, 2005,
the Central Government and every
State Government, have to take all
measures to ensure that the provi-
sions of the Act are given wide pub-
licity through public media includ-
ing the television, radio, and the
print media at regular intervals. The
offi cers of the Central Government
and State Governments including the
police offi cers and the members of
the judicial services have to be given
periodic sensitization and awareness
training on the issues addressed by
the Act. There has to be effective
coordination between the services
provided by concerned Ministries
and Departments dealing with law,
home affairs including law and
order, health and human resources to
address issues of domestic violence.
Therefore, the Central Government
and State Governments have signifi -
cant duties under the Protection of
Women from Domestic Violence Act,
2005, for the protection of the rights
of women guaranteed under the Con-
stitution who are victims of violence
of any kind occurring within the
family. In Shyamlal Devda v. Pari-
mala, (2020) 3 SCC 14, it was held by
the Supreme Court that a petition
under the Protection of Women from
Domestic Violence Act, 2005, can be
fi led in a court where an aggrieved
person, permanently or temporarily
resides or carries on business or is
employed.
It is a distant dream for the eco-
nomically weaker sections of the
society to lodge a complaint online
or call a helpline number for report-
ing a case of domestic violence
which adds more troubles to their
already existing problems. Mental
health effects of domestic violence
are also on the rise along with the
physical effects. Women are falling
prey to depression, anxiety, and
other problems which are affecting
their psychological well-being.
The
government needs to take concerted
steps so that effectual protection of
women is encouraged, even in times
of a pandemic, when women are not
able to resort to courts or police sta-
tions. In Santosh Bakshi v. State of
Punjab, (2014) 13 SCC 25, it was held
by the Supreme Court that the com-
plaint made by any woman alleg-
ing offence under the Protection of
Women from Domestic Violence Act,
2005 committed by any member of
the family, is to be looked upon seri-
ously. It was further held that the
police without proper verifi cation
and investigation cannot submit a
report that no case is made out.
The
investigating agency is required to
make proper enquiry not only from
the members of the family but also
from neighbours, friends, and others.
After such enquiry, the investigating
agency may form a defi nite opinion
and fi le report but it is for the court
to decide fi nally whether to take cog-
nizance for any offence under any
of the provisions of the Protection
of Women from Domestic Violence
Act, 2005.
As the cases of domestic violence
affecting the mental, psychological,
physical, and social well-being of
women are on the rise all over the
world and in India as well, signifi -
cant measures need to be taken to
eliminate such a peril. Concerted
steps have to be taken by the Central
Government and State Governments
to appoint such protection offi cers
who are available at all times and
can address the problems of the
aggrieved victims constructively.
Helplines have to made available at
all times for the victims so that they
are in a position to report complaints
to the authorities for the redressal of
their grievances. Numerous coun-
tries have taken important steps to
curb the menace of domestic violence
and cruelty in times of a pandemic
but more such efforts are required, to
make the world a better place to live
which is free from domestic violence,
cruelty, and abuse against women.
The Government needs to designate
places for reporting of domestic vio-
lence which may be formal or infor-
mal because the world is still under
a strict lockdown and such places
or shelters also need to be identifi ed
where women can stay when forced
to leave their connubial homes. Pub-
licity has to be given, highlighting
the ill-effects of domestic violence
and abuse, on the physical, mental,
and social well-being of women and
awareness needs to be the order of
the day. In such a situation, media-
tors can play a vital role in curbing
the hazardous effects of domestic
violence. Mediators, through online
mediation and their expertise, can
use signifi cant methods to teach the
aggrieved victims such skills which
are required to tackle the ill-effects
of domestic violence on mental and
physical well-being.
Women without
access to phones can be helped by
the Government by employing such
people in a region who can address
the problems of the victims more
lucidly. Online counselling sessions
on mental health must be organized
by non-governmental organizations,
governmental organizations, etc., so
that people are encouraged and moti-
vated to lead a peaceful life at this
disturbing juncture. These sessions
have to be encouraged for women and
girls to enable them to think positive-
ly at all times. Thus, we are all duty-
bound to rise to the occasion and take
sincere steps to curb the menace of
domestic violence and its harmful
effects so that another pandemic does
not emerge in the words of Justice R.
Banumathi, Former Judge, Supreme
Court of India: -
“Stringent legislation and punish-
ments alone may not be suffi cient for
fi ghting increasing crimes against
women. In our tradition bound soci-
ety, certain attitudinal change and
change in the mindset is needed to
respect women and to ensure gender
justice. Right from childhood years
children ought to be sensitised to
respect women.
A child should be
taught to respect women in the soci-
ety in the same way as he is taught
to respect men. Gender equality
should be made a part of the school
curriculum. The school teachers
and parents should be trained, not
only to conduct regular personality
building and skill enhancing exer-
cise, but also to keep a watch on the
actual behavioural pattern of the
children so as to make them gender
sensitised. The educational institu-
tions, government institutions, the
employers and all concerned must
take steps to create awareness with
regard to gender sensitisation and
to respect women. Sensitisation of
the public on gender justice through
TV, media and press should be wel-
comed…Banners and placards in
the public transport vehicles like
autos, taxis and buses, etc. must be
ensured. Use of streetlights, illu-
minated bus-stops and extra police
patrol during odd hours must be
ensured. Police/Security guards
must be posted at dark and lonely
places like parks, streets, etc.
Mobile
apps for immediate assistance of
women should be introduced and
effectively maintained. Apart from
effective implementation of the vari-
ous legislation protecting women,
change in the mindset of the society
at large and creating awareness in
the public on gender justice, would
go a long way to combat violence
against women.”
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