The Supreme Court recently delivered a judgement in which it held that the relief granting right to residence to a married woman under the domestic violence law by a criminal court is “relevant” and can be considered even in civil proceedings seeking her eviction from the matrimonial home.
Alongside, the Court termed the 2005 law on protection of women from domestic violence as a “milestone”
Important observations made by the Court:
Despite the 2005 law, offences against women is “rampant” in this country and they face “violence in some form or the other on almost every day”.
A woman resigns her fate to the never ending cycle of enduring violence and discrimination as a daughter, a sister, a wife, a mother, a partner or a single woman in her lifetime.
Non-retaliation by women against violence, coupled with the absence of laws addressing women’s issues, ignorance of the existing laws enacted for them and societal attitude makes them vulnerable.
What is Protection of Women from Domestic Violence Act 2005?
It is an act to provide for more effective protection of the rights of Women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.
It is the first significant attempt in India to recognise domestic abuse as a punishable offence, to extend its provisions to those in live-in relationships, and to provide for emergency relief for the victims, in addition to legal recourse.
Conclusion:
The progress of any society depends on its ability to protect and promote the rights of its women. Guaranteeing equal rights and privileges to women by the Constitution of India had marked the step towards the transformation of the status of the women in this Country.
BY- RISHABH GOYAL