Professional Documents
Culture Documents
WOMENS COMMISSION
SUBMITTED BY:-
I would like to express my special thanks to the Chairperson of State Women Commission,
Jharkhand Mrs. Kalyani Saran as well as Miss Rani Kasturi Maam for giving me the golden
opportunity to do this wonderful project on DOMESTIC VIOLENCE AGAINST WOMEN.
During this time I came to know about so many new things and I am really thankful to them.
Secondly, I would like to thank my parents and my friends for helping me.
Thank you
CONTENT
ACKNOWLEDGEMENT
INTODUCTION
The Bill, pertaining to the establishment of the commission, was passed by the Jharkhand
Vidhan Sabha, thereby making it an Act in 2005. Subsequently, vide notification number
1221 dated September 16, 2006, of the Social Welfare, Women and Child Development
Department, Jharkhand.
The state womens commission has been entrusted with varied responsibilities, which
include hearing complaints and arranging for their redressals, studying all enactments
concerned with women and their rights and giving creative suggestions, visiting jails and
other detention centres or shelter homes and monitoring their improvement, seeing that
the different government schemes for women, especially regarding social welfare, health,
education, labour, among others, are properly implemented.
Most of the cases pertain to dowry, domestic violence and trafficking of women and
children, while some relate to sexual harassment at the work place. Trafficking of women
and children is a core issue which women commission plans to take up as one of the
major challenges. Joining hands with NGOs the issues will be strongly dealt with. The
state womens commission has started reaching out to these women, despite its still
negligible financial and logistical support.
In certain cases, as soon as the respondents get notices from the commission, they
become anxious for compromise. No doubt, this is too early a stage to assess the impact
of the work of the state womens commission, but if the increasing number of complaints
is any indicator, one can conclude that the setting up of the commission was a necessity
long overdue.
VISION
The vision envisages to
Provide equality to women in every sphere of life.
Restore faith and confidence in the power and dignity in women.
Create dutiful citizen with access to all their rights as citizen.
Provide training to women in order to make the self reliant.
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Domestic incident report under Sections 9(b) and 37(2)(c)
of the Protection of Women from Domestic Violence Act, 2005
(43 of 2005)
Violence against women is a centuries old phenomenon that has been perpetrated in name
of religion, social customs and rituals. The violence may manifest itself in different ways
like child marriage, witch-hunting, honor killing etc. Many a time, violence against
woman is due to defiance of stereotyped role model of daughter, sister, wife, mother and
specially daughter in law.
In the modern age, voices have been raised against these in human practices and efforts
are being made to bring about change by creating awareness, and also through legal
actions, and reforms.
One such legal action is the prevention of Domestic Violence Act 2005. Section 9 (b) of
this Act says that it shall be the duty of protection officer to make a domestic incident
report to the magistrate, in such form and matter as may be prescribed, upon receipt of a
complaint of domestic violence and forward copies thereof to the police officer in charge
of the police station within the local limits of whose jurisdiction domestic violence is
alleged to have been committed
Now the report which has to be filled and submitted to the magistrate contain some
columns. This columns which may be very detrimental to the aggrieved woman. It asks
the complainant to tick mark whether she has been forced to watch pornography or other
abscene material, whether she has been forcibly used to entertain others etc.
These questions when asked from an aggrieved person is not right. Firstly, she is already
passing through a phase in her life where she has suffered grave mental shock. Secondly
by such question being asked, she is emotionally abused. Many cases in India have come
where a girl or women commits suicide because of questions that make her
uncomfortable being a female. And these questions are asked again and again in the court
as well.
Also section 37(1) of the Act specifies that the central government may, by notification
make rules for carrying out matters mentioned under section 37(2) which are as follows:-
This will seriously help her to come out of her fear and shock to reveal all that has
happened to her and to make a perception in the minds of all the girls and women in the
society that the legal system is there to protect them and provide them justice that they
suffer on a daily basis.
REASONS FOR DOMESTIC VIOLENCE
What causes domestic violence to become the nor for an abuser? Most domestic abusers
grew up witnessing domestic abuse and violence in their own homes. They learned to
view physical and emotional violence as valid ways to vent anger and cope with their
own internal fears and self-perception issues.
The modeling they saw while growing up gets reinforced in these ways:
a) Using violence and abuse tactics worked to solve problems for them in the past
b) They have established tremendous control over others through abuse tactics
c) No one has stopped them or reported them to authorities
Other believe genetics predisposition plays a part in the formation of an abuser, but very
few studies offer definitive data to support this. In cultures where traditional beliefs
endures that put women beneath men in status and domestic violence is rampant.
What remedies are available for relief from
domestic violence?
Through an ex parte order, an order upon motion and hearing, or a final order, the court
may approve any of the remedies listed in the statute. These remedies include:
giving the aggrieved party possession of the residence and excluding the other
spouse from the household
evicting the party and assisting the aggrieved party in returning to the home
In addition, support payments for the children and/or the spouse can be ordered as
can attorneys fees. The order may also provide for possession of personal property. As
already discussed elsewhere, the court may award temporary child custody as well as
provide for visitation, although many judges refuse to include custody awards as part of
the relief in a domestic violence case.
Finally, the court may order the party to refrain form the violent acts or to cease harassing
or interfering with the other.
In addition, there is a catch-all provision in the Act which allows the court to grant any
protective order or approve any consent agreement to bring about a cessation of acts of
domestic violence. The language with its breadth may in fact provide for the structuring
of alternative remedies.
Furthermore, section 50B-7 states that the remedies provided by the Act are not exclusive
and are in addition to other statutory remedies.