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Protection For Women Against Domestic Violence Act - A Blessing in Disguise?

This document is a paper on the Protection of Women from Domestic Violence Act in India. It discusses how while laws were enacted to prevent oppression of women, they proved insufficient and women's plight improved only slightly. This was due to factors like improper implementation, lack of awareness, and no proper protection officers. The paper will analyze women's rights and remedies under domestic violence laws, identify major drawbacks, and provide suggestions to improve women's situation and ensure equal treatment of all genders.

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Shalini Sonkar
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© © All Rights Reserved
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Download as PDF, TXT or read online on Scribd
63 views

Protection For Women Against Domestic Violence Act - A Blessing in Disguise?

This document is a paper on the Protection of Women from Domestic Violence Act in India. It discusses how while laws were enacted to prevent oppression of women, they proved insufficient and women's plight improved only slightly. This was due to factors like improper implementation, lack of awareness, and no proper protection officers. The paper will analyze women's rights and remedies under domestic violence laws, identify major drawbacks, and provide suggestions to improve women's situation and ensure equal treatment of all genders.

Uploaded by

Shalini Sonkar
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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“PROTECTION FOR WOMEN AGAINST DOMESTIC VIOLENCE ACT –

A BLESSING IN DISGUISE?”
By

Utkarsh – 2014133

Sonam Modani – 2014120

5 Year Integrated B.A., LL.B. (Hons.) Course

WOMEN AND LAW

Under the supervision of

Dr. Ch. Laxmi

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY


NYAYAPRASTHA “, SABBAVARAM, VISAKHAPATNAM-531035
ANDHRA PRADESH, INDIA

30/10/2018

i
CERTIFICATE

This is to certify that the dissertation entitled “PROTECTION FOR WOMEN AGAINST
DOMESTIC VIOLENCE ACT – BLESSING IN DISGUISE?” for the Seminar Paper
WOMEN AND LAW to Damodaram Sanjivayya National Law University, Visakhapatnam is a
record of original work done by Mr. Utkarsh Mishra & Miss. Sonam Modani under my
supervision and guidance to my satisfaction.

SIGNATURE OF THE GUIDE

Visakhapatnam

Date:

ii
ACKNOWLEDGEMENT

We are using this opportunity to express our gratitude to everyone who supported me throughout
the course of this Dissertation. We are thankful for their aspiring guidance, invaluably
constructive criticism and friendly advice during the project work. We are sincerely grateful to
them for sharing their truthful and illuminating views on a number of issues related to the
project.

We express our warm thanks to Dr. Ch. Laxmi for her support and guidance at Damodaram
Sanjivayya National Law University.

We would also like to thank my project external guide Ms. Risha Syed, Legal Consultant,
Ministry of Women and Child Development, Government of India, New Delhi and all the
Protection Officers of various states who provided us with the facilities being required and
conductive conditions for our Dissertation.

Thank you,

Utkarsh Mishra

Sonam Modani

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List of Cases

Smt. Neetu Singh vs. Sunil Singh


Smt. Rachna Rao vs. Family Court Bilaspur, Chhattisgarh
State of M.P. vs. Babulal
S.R. Batra and Anr. vs. Smt Taruna Batra
D. Velusamy vs. D. Patchaiammal
Sandhya Manoj Wankhade vs. Manoj Bhimrao Wankhade & Ors.
Milan Kumar Singh & Anr. vs. State of U.P. & Anr.
Suresh Khullar vs. Vijay Kumar Khullar

iv
List of Abbreviations

PWDVA - The Protection of Women from Domestic Violence Act

NGOs – Non-Governmental Organizations

CEDAW - Convention against Elimination of All forms of Discrimination Against Women

PO – Protection officer

UT- Union Territory

SP - Service Provider

Govt. – Government

HRLN - Human Rights Law Network

WJI - Women’s Justice Initiative

Sec. - Section

DIR - Domestic incident reports

v
ABSTRACT

The basic human right for any living person is to enjoy a safe life which is free of violence and
fear. This forms the foundation of a strong and developed society where everyone is given equal
opportunity to flourish. In the present era, the unfortunate situation is that both the genders are
not treated equally and there is a lot of discrimination among both the genders of the society. In
most of the cases, the women are not treated properly and many cases from time immemorial has
been reported where women were constantly discriminated and ill-treated on the name of
tradition irking the human right activists to work towards the upliftment of this sector of the
society. Consequently, various legislatures were enacted at different level i.e. centrally and state
wise to prevent the oppression of women from domestic violence. However, these laws proved to
be insufficient for meeting their purpose and the plight of the women has only been slightly
improved and hence proving the laws to be worthless. This is due to various factors. The law was
not implemented properly, and the oppressed sector was not made properly aware about the
rights they enjoy. In all the states, the women suffered from the menace of domestic violence.
The factor which made women more vulnerable to domestic violence was that there was no
proper protection officer to help the women if she was victimized. The laws so made for the
protection of the women sometimes includes arbitrary clauses which amounted to the misuse of
these laws by the public to harass the people who are innocent and have not committed any
offence. This paper will deal with various aspects of women law with respect to the domestic
violence. This paper will also deal specifically with the rights and remedies a woman enjoys in
the domestic violence act and the major drawbacks of the domestic violence. At last the
researchers will conclude the paper with some suggestions based on the research which can help
improve the plight of the women harassed by domestic violence and the more reformatory
measure that could be taken to reach to a society which is fearless and provides equal treatment
to all gender.

Keywords – Domestic Violence, Protection of women rights, Remedies.

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