Commentary on Protection of Women from Domestic Violence

It is said that the health of a society is reflected from the health of its female population. In most of the South Asian Countries including India, gender discrimination against women is widespread. From socio-cultural and economic perspectives women in India find themselves in subordinate position to men. Human rights violations for women are gender stereotypes or a misunderstanding of women's experiences. The gender specific violence such as domestic violence, rape, enforced prostitution and trafficking, female genital mutilation and forced abortions or sterlization some of the most examples of gender specific.

Some health epidemiologists have shown that violence is a principal cause of death among young people (women) and one of the most important causes of "destroyers of quality life." Gender-based violence and all forms of sexual harassment and exploitation are incompatible with the dignity and worth of the human person and must be eliminated. This can be achieved by legal measures and national action and international co-operation. Domestic violence is undoubtly a phenomenon which is widely prevalent but has remained largely invisible in the public domain. Previously, where a woman was subjected to cruelty by her husband or his relatives it is an offence under Section 498-A of the I.P.C., 1860. The Civil Law does not however address this phenomenon in its entirety. Keeping in view of the aforementioned factors the protection of women from Domestic Violence Act, 2005 was enacted with a view to safeguard the rights guaranteed under Articles 14, 15 and 21 of the Constitution, so as to provide for a remedy under the Civil Law which is indented to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society.

The Act defines "DOMESTIC VIOLENCE" to include actual threat or abuse that is physical, sexual, verbal, emotional or economic. It encompassed harassment meted out to a woman for unlawful demand for dowry and provides the aggrieved person medical and legal aid and safe shelter, etc.

The book in hand caters to the subject in hand i.e. "Protection of Women from Domestic Violence". The subject has been well researched and made upto date with case-laws and judicial pronouncement of its Apex Courts and various High Courts. The rules given after the Act make the book complete itself. However, the book does lot and have and later deals with various facts of crimes against women that are prevalent in the society today. The utility of the book has been enhanced by the updation of amendments in its various women empowerment laws given in the book. The chart of "offences and punishment" along with Table of Cases and exhaustive subject Index enhance the utility of the book.

It is hoped that the book would prove useful in fighting the menace of "Domestic Violence" prevalent in the society. Suggestions for improvement are welcome and would be carried out in the next edition.