‘Right’ fully yours

Mita Kapur

Publisher- www.saharatime.com

I have a voice but I didnt know I had rights," said Manpreet. She was thrown out of the house with her 6-year-old daughter, by her drunken, womaniser husband Dimpy, 2 years back. A prostitute, Keemat Kanwar, alias Shalu, replaced her. " I want to go back home, I will get my rights only if I go and sit on that mans head!" She is just another face among the 50% women who have faced humiliation, dying just a little each day because the men in their lives violated the very right to exist with dignity and without fear.
What do we need A law with a heart. And the "heart of the law", according to Indira Jaising, Supreme Court Lawyer, " is Section 17 of the Protection of Women from Domestic Violence Bill, 2005", which says that " every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right to or beneficial interest in the same."
The right to residence recognises the right for women to live in a home free from violence and to live without fear of violence. It is a revolutionary step, " taking care of the worse kind of deprivation - a roof over her head. It has increased the width and amplitude of human rights. This law is just what the nation needs. We need to grow and be man enough to recognise the right of a woman to exist as an individual," said Paras Kuhad, a leading lawyer in Jaipur.
A Civil Law under which no woman can be evicted, thrown out by a violent husband, angry father, abusive brother or irresponsible son. The Law does not protect only the suffering wife but also mothers, sisters and daughters. It recognises the pattern of existence in an Indian family and has stepped beyond the limiting boundaries of a marital relationship to include women who are cohabiting in a shared household.
There have been wide protests against the Law preaching immorality, questioning the very sanctity of marriage. What with Sushma Swaraj, esteemed MP, a woman herself, crying out "shame, shame" standing in the well of the Rajya Sabha, the day the Bill was passed. "We insisted on this clause being included, the Law has to respect the many defacto marriages, the myriad relationships that exist at all levels in our society. Unless a marriage is legally registered, the saat pheras have no legal sanctity. This can wreak havoc on a woman with the man telling her you have no right to live in this house, how can prove you are married to me The point being made is from the moment you live together in a domestic relationship, the right to live with total dignity has to be assured," said Jaising. Recalling the 10 year long struggle to get the Law moving, Jaising said "Arun Jaitley had told me dont ask for this clause, well make the Law, to which I had replied, give us this one clause, we dont want the rest of the Law."
" Those self-proclaimed guardians of the moral fibre of our society are in reality, escapists, far from practical reasoning. Such relationships do exist, we should consider this law as a positive step and not make such a hullabaloo about it," said Prem Krishna, a Supreme Court Lawyer.
Section 3 of the Bill defines domestic violence as inclusive of physical violence, sexual abuse, verbal and emotional abuse and economic abuse, covering the ubiquitous harassment for dowry. Broadening the scope and definition of domestic violence now protects women against the mental and emotional agony theyre subjected to. Sonia, a former beauty queen who was locked up and kept hungry for 10 days just because she refused to service her husbands friends or Anchal, a primary school teacher, who received threats of her 11 year old daughter being kidnapped by the abusive husband, have sufficient protection under this Law. "Till now 498 A, IPC was the only protection for women against violence, a procedure which seemed to be a point of no return for all the victims", said Indira.
Remedies available under the Law cover stop violence orders, protection orders, custody orders, monetary relief, residence orders, compensation orders, maintenance orders, which were not provided by 498 A, IPC. Section18 of the Law deals effectively with the issue, giving the Magistrate the right to pass a protection order on being " prima facie satisfied that domestic violence has taken place or is likely to take place"
The immense flexibility provided to all, stated clauses permit the law enforcers to take action beyond the normal range of crime and punishment ratios. It is finally going to be able to educate callous attitudes that spell, "thoda bahut maar liya toh kya ho gaya" A varied manner of deciding the course of action, treating each case on its own level, has been provided for, in this Law, giving different degrees of relief to the aggrieved person.
Non-existent under the IPC, marital rape will now be given due attention as a form of domestic violence. Forced sexual intercourse has been tolerated silently for years. Women have suffered from severe vaginal injuries and venereal diseases but what remains to be seen is "how many women will actually stand up and express themselves," fears Jaising.
A major area of concern in Jaisings view is the sensitisation of Protection Officers and Magistrates. They need to be educated about their duties and responsibilities, in dispensing and providing information to the aggrieved persons. We have heard of even women officers ticking off the victim with "if he slapped you, why did you come running, even my husband hits me, that doesnt mean we go running to court!" A humane and sensitive attitude is the beginning of the long process of changing mindsets of our patriarchal society. The Law also broadens the scope by giving the appellant an option to approach the magistrate, a civil court, and a family court directly without going to the Protection Officer for help. Service providers like NGOs and Womens Organisations have been given the right to report a domestic violence incident provided they are registered with the state government.
One major drawback of the Law that needs amendment is the inclusion of children as victims of abuse in a domestic set up. The law also does not deal with marriage as such. For a divorce, the victim still has to fall back on the Marriage laws, which do not protect her rights effectively to such minuscule detail.
"But the real battle is to make the law reach the people. Simplified information dissemination at the grassroot level is essential. We all have to make sure that domestic violence does not stay behind closed doors," said Dr Pawan Surana, Chairman, State Womens Commission, Rajasthan. The biggest challenge will be to unwrap the silence that covers domestic violence as a misuse of power, and a means of social and emotional isolation. The journey has just begun.