Domestic violence is not a male monopoly, women too can be responsible
This move recognises that women too can be offenders or abettors. As things stand now, a man can take shield behind a woman who could carry out various forms of abuse without fear of prosecution
On the face of it, the Supreme Court move to strike out the words adult male from the Domestic Violence Act may seem anti-women but in fact it creates a more level playing field in this issue. At the moment, a complaint of abuse can be filed only against an adult male person, insulating women from the offences mentioned in this law.
This move recognises that women too can be offenders or abettors. As things stand now, a man can take shield behind a woman who could carry out various forms of abuse without fear of prosecution. This is also in accordance with Article 14 of the Constitution, which guarantees equality under the law.
Read: ‘Woman can enforce right on shared household’
While domestic violence against women is widely recognised and indeed in many cases the perpetrators are men, there are numerous instances of women taking the lead in harassing other women. There is another aspect that might be redressed by this move: That of domestic violence against men. So far, men in India have had no recourse to the law, which does not treat them as victims. In most countries the law treats male and female victims of domestic abuse equally.
Read: Uniform Civil Code: ‘Gender just’ laws can work against women
In most cases in India, men have not been able to voice this for fear of being implicated in false dowry charges or other forms of harassment. In the 2004 National Family Health Survey, it was found that an estimated six million women had been violent towards their husbands. If this is expanded to relatives taking part in the abuse, approximately 30 million men faced domestic violence.
Read: Moms-in-law can’t sue under domestic violence act: Govt
This is not to suggest that the issue of domestic violence against men is anywhere in the category of that against women. But it is an issue which deserves to be addressed. The police too rarely entertain complaints of domestic violence from men or offer protection. Many men suffer abuse silently also because of not wanting to lose face and be seen as wimps.
The change in the law, however, will most benefit women, who suffer at the hands of other women, whether at the behest of men or not.
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