Resumo de The Protection Of Women From Domestic Violence Act 2005(43 Of 2005)

Women suffer from domestic violence in India and all over the world. Married women in rural as well as urban areas are a victim of emotional, mental, physical and financial abuse. In western countries, where the society is more open, women tend to walk out of marriages sooner and experience lesser pressure from their families and society as opposed to their eastern counterparts. Unfortunately, it is a myth in India that women in metropolitan cities are so modern and self conscious that it is not possible for their families to harass them. The truth is quite different. It is true that they are educated, are more independent and modern than women in small towns. But even they do not know the meaning of ?domestic violence.? They are also harassed for the same reasons- dowry, husband indulging in several affairs, dissatisfied and harassing in-laws and husband. More often than not, the woman starts by compromising with the hope that perhaps someday things will improve. To make it worse, the parents and family members of the woman put pressure on her to stay married as it is the ?right thing? to do. What makes the situation more hopeless is if the woman in question also has a child. Today, it is extremely important for every woman to know her rights after marriage. It is a known fact that ?domestic violence? has trebled in the last 4-5 years. Considering the times, it is the duty of every parent to educate their daughter to recognize when she is being asked to make a few necessary adjustments in marriage for a happy future and when she is being subjected to abuse and that she should refuse to succumb to it. Sometimes even the parents of the girl are unaware of what ?domestic violence? means and that it is an offence punishable by law. Domestic violence means any physical injuries to the body or bodily pain or harm to the health of a person. It also means abuse or misconduct of a sexual nature which is humiliating or degrading to the dignity of the person. It also includes emotional abuse which means insults, ridicule, and name calling especially with regard to not having a male child. It also includes economic abuse which means that the woman is deprived of the income of the husband or is denied any shares, property, and other investments which she might jointly or separately hold or is entitled to use by virtue of the domestic relationship.Section 498-A of the Indian Penal Code has given a new dimension to the concept of cruelty in matrimonial matters.The concept of cruelty under this section is much wider than dowry harassment.Under Section 498-A IPC,any wilful conduct which is of such nature as is likely to drive a woman to commit suicide would constitute cruelty.Harassment of the woman with a view to meet an unlawful demand for property or valuable security would also constitute cruelty.But this is not all. There is a provision for protection for such women through protection officers and to provide shelter to women suffering from cruelty at the hands of her husband and in-laws. This book is a must read for all girls who are to get married and all women even if they are happily married so that if ever they come across a woman who is suffering at the hands of her in-laws, they are able to help her weigh her options. On a personal note, I would like to add that in case, a badly tortured woman needs to get out of her matrimonial home, she should not do so in a hurry but try to find herself some legal advice from a lawyer before she leaves home. ?Circumstantial evidence? is very important in matrimonial cases. A woman having proper evidence with her will have an upper hand while filing a case which can also lead to the conviction of her in-laws. Of course it is the first option for every person to try and save a marriage. Whether it is an abused woman or her family or even the law, it will be a common desire to save the marriage from falling apart. But sometimes, when things go too far, legal separation is the only option. So remember, that the end of a destructive and abusive marriage is the beginningto a new and healthy life!

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