by Police - Bureau of Police Research and Development
by Police - Bureau of Police Research and Development
by Police - Bureau of Police Research and Development
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The Indian <strong>Police</strong> Journalagainst women. 1 Undoubtedly, violence against women is not limitedto the traditional forms, such as beating, rape or murdering. Newmodes <strong>of</strong> victimization are constantly emerging. Violence starts beforebirth <strong>and</strong> continues over the lifetime. 2 Domestic Violence is the mostpervasive, invisible <strong>and</strong> widespread form <strong>of</strong> violence against women.It has emerged as a critical issue. 3 Domestic Violence is an universalphenomenon <strong>and</strong> one <strong>of</strong> the most pernicious methods adopted <strong>by</strong>patriarchal society or social system to keep women subjugated <strong>and</strong>subordinated. Domestic Violence occurs at home which is consideredas the safest place for women. 4 According to Sydney Br<strong>and</strong>on,“Statistically, it is safer to be on the streets, after dark with a strangerthan at home in the bosom <strong>of</strong> one’s family, for it is there that theaccident murder <strong>and</strong> violence are likely to occur”. 5Historical BackgroundHistorically, the term ‘Domestic’ refers to an idealized family unitfunctioning in a protected manner. Traditionally, the family hasmembers. This idealized conception has all along been shieldingDomestic Violence. 6 It is also a long-continuing issue with women’smovement in India. However, it is only in 1983 <strong>and</strong> in 1986 thatthrough two Criminal Amendment Acts, the Criminal Laws wereamended to include some forms <strong>of</strong> violence within home <strong>and</strong> makeit punishable under Section 498-A <strong>and</strong> 304-B in the Indian PenalCode respectively. 7 women bodies started dem<strong>and</strong>ing a Civil Law on this particular issueas it was felt that criminalization is not the answer to the problemfaced <strong>by</strong> women in their homes. It was realized that sending husb<strong>and</strong>to jails under the prevailing laws is not a solution; rather it increasesthe women’s problems ranging from maintenance to shelter. Further,1 Implications”, Violence against Women: Issues <strong>and</strong> Perspectives, Deep <strong>and</strong> DeepPublications, New Delhi, 2000, p. 3.2Auna et al., Violence against Women: Issues <strong>and</strong> Perspectives, Deep <strong>and</strong> DeepPublications, New Delhi, 2000, p. 19.3 Criminal Law Journal, July 2007.4 Criminal Law Journal, 2005.5Suman Gupta, “Domestic Violence: Its Legal Contours”, Criminal Law Journal, 2005,p. 292.6R. Revati, Law relating to Domestic Violence, Asia Law House, Hyderabad, 2004, p. 20.7SeeJanuary - March, 2013151
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