Legal Take: Comfortably numb?
Convenient it is for us to blame it on the government. They are the ones who don’t provide adequate funding, proper infrastructure, effective legal system, etc. Ever stopped to wonder, how the Government hears of these cases in the first place? Isn’t it our responsibility to report cases of Domestic Violence at first instant?
Yes, we – you, dear reader and yours truly – are equal contributors to the failing justice system. Since the state has no record of abuse, the statistics used for funding and research are low. Moreover, the state is unaware of such abusive pattern and hence give only limited aid. And it is us, who need to coerce people we know silently suffering behind closed doors, to speak up and get legal help. But before we do that, we need to know the nuanced reasons why women facing abuse prefer to stay quiet.
Internalised cultural and moral values: Women are believed to be meek and are excepted to think of their husbands as Pati Parmeshwar (husband equals god, thus he is always right).
Fear: Most victims don’t seek legal help due to being threatened by the abuser. On 6th March, 2009, Malik Mannan stabbed his wife to death after he was released on bail. The police failed to take any action against him even after wife, Sabina Akhtar made 25 assault complaints against him. The risk seems to large to take and suffering is the only other alternative.
Law enforcement agents being insensitive: According to law enforcement agents, family issues should be solved within closed doors. Domestic violence is surely a petite issue as compared to girls visiting pubs or boys and girls holding hands in public which need immediate action. What a shame!
Long drawn legal process: No case takes less than 5-6 years to reach court. Finally when there is a court hearing, it is far from certain that the abuser will be convicted of his crime.
Even though the Violence Against Women Act (VAWA) was passed 10 years earlier than the Prevention of Women against Domestic Violence Act, 2005 (PWDVA), the under-reporting of Domestic violence cases is faced by the United Nations as well.
Women have been guaranteed the right to live with dignity in the Constitution of India ( Article 21) and it is the duty of every citizen be it a friend, a neighbour, or any other concerned individual, to report domestic violence in order to drive the wheels of justice at a faster pace. One need not be a relative to file a DIR (Domestic Incidence Report). The lives of many are in your hands and it is your will that has the ability to ease the pain of victims. Wake up- Report now!
For more information on the Prevention of Women against Domestic Violence Act, 2005 (PWDVA), check our resource page. And if you’re really concerned and wondering how you can spread the word, check out the easy to use Bell Bajao toolkit. Go on. Be the change.
Tagged domestic violence, Law
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