Editorial
Editorial
The Protection of Women from Domestic Violence Act, 2005 came into force on 26 October, 2006. I acknowledge the presence of the many many many women all of who worked tirelessly for the implementation of this law, for the actual passing of this law. This landmark legislation was promised to the people by the UPA as a part of its common minimum program in 2004 and after being elected to form the government at the center, this promise was redeemed and this law to end violence against women in all its forms in the most sacred of all places the home was passed.
India is known to the world for having contributed the legacy of non-violence as a tool of resistance. For women this means that violence against them will not be tolerated and will be resisted by peaceful means. This legislation fulfils the purpose of peaceful resistance to injustice against women. By providing access to justice to women, we provide them with a method to peacefully settle their disputes. In a society where there is so much inequality and a potential for injustice, law becomes a primary tool for discouraging violence against women. For those who have neither power nor privilege of any kind, law is their only ally. It is their only hope of justice. The function of the law in our society is to correct the existing imbalances of power and restore equality and dignity of women.
The purpose of this Act is first to send a message that violence in all its different forms against women will not be tolerated. The definition of violence in this law includes physical, psychological, economic and sexual violence. Secondly this law for the first time ever in Indian legal history clearly spells out the right to reside in the shared household. In the absence of such a right women live in constant fear of dispossession and homelessness. When a woman is forcibly thrown out of the house there is little that she can do in the absence of the formal legal right to reside in the shared household which belongs either to her husband or to her partner or her parents in law. Married women in this country have less protection against dispossession as compared to tenants and trespassers against their landlords. Since they have no other social security against being dispossessed they end up in their parents’ home sometimes welcome, sometimes unwelcome. The objective of this law was to provide to these women peace and security in the household.
Having said this one must recognize that any law is only as good as its implementation. The law must be enforced in letter and spirit. The existence of the law creates a demand for justice and these demands must be met by providing adequate infrastructure. Failure to meet the demand will lead to frustration, loss of confidence in the law and will erode the rule of law. Our commitment to democracy requires that we monitor and implement these laws.Monitoring and evaluation is the tool of accountability and transparency in the administration of justice. The annual Monitoring and Evaluation report is an effort in that direction. We are all aware of the major barriers to the implementation of the law. The first of these and the most important one is the need to change our attitude towards women. All change begins in the mind. Lack of sensitivity of the legal system to the marginalized people is a major barrier. The legal system and its major actors must begin to look at the issues of social justice, at the imbalances of power in society and the role of law as transformative. Secondly, access to justice must be guaranteed swiftly. Delays in adjudication in the courts in reality victimize the woman for having approached the court and escalate the violence inflicted upon them. Hence, the need for prompt justice. The judges must learn to give priority to women’s issues. In this respect I welcome the new initiative of this government under the leadership of Dr. Veerappa Moily who announced the National Vision Statement for ending arrear and delays. The Hon’ble Minister of Law and Justice addressing the issue in a proactive and sensitive manner announced a vision statement which has two objectives. One, to increase access by reducing delays and arrears and two, enhancing accountability through structural change and setting performance standards and capabilities. This vision must include priority for women facing violence. Finally, the centrality of politics. The development and empowerment of women cannot be forgotten. Law alone is not sufficient. Inspired by the Hon’ble President of India, the Hon’ble Minister of Women and Child Development has initiated the process of putting in place a National Mission for the Empowerment of Women and we are very confident that this initiative will be taken forward with full strength.
We look forward to a future in which there is no discrimination against women in public and in private life. We look forward to a life where women can live in dignity and in peace.
Indira Jaising
Project Director Lawyers Collective Women's Rights Initiative
Additional Solicitor General of India