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It first took the government several years to imagine what forms violence could take within the confines of the home. Some more time was taken to push the relevant legislation through an acrimonious house, and, then, a full year to order its implementation. There is little doubt that the Protection of Women from Domestic Violence Act is up against tremendous odds, and not all of them are social. But the complex social realities in India have to be kept in mind while hoping that this law is able to help its intended subjects. The law, enforceable from yesterday, makes an array of abuses perpetrated on women — physical, verbal, sexual, emotional and economic — cognizable offences that can invite penalties ranging from a fine to imprisonment. To be properly enforced, the act needs not only women, married, unmarried or widowed, to bring accusations against the abuser (often their keepers and providers), but also that these allegations be registered by the protection officers who will now be found in every police station. It goes without saying that much would, therefore, depend on the will and efficiency of the officer to provide assistance to the aggrieved. Apart from putting in place essential facilities, such as trauma centres and shelter homes, the state also has to ensure that its administrators are adequately sensitized to the special responsibilities of their job. Going by its record of dealing with domestic injustices, which are seen to be too ‘personal’ for a public place like the police station, a changed orientation is necessary, and not in one section of officers alone.
It is not that gender justice can be delivered by the state alone. One has to remember that despite the threat of imprisonment, much of what has been defined as abuse will carry on behind closed doors. Years of social conditioning ensure that women continue to suffer physical and verbal abuse from husbands and parents as a tangible sign of affection, and husbands and parents enjoy what they do as an expression of their inherent rights of proprietorship. A battered wife may still have some reason to expose the brutality of her husband. What will compel a girl to expose her parents for the emotional blackmail that subtly goes on in the name of arranging a perfect match? Ignorance and the lack of mental and financial strength will, as usual, complicate matters for the victims of domestic abuse.
There is enough reason to fear that a law as sweeping as this may be misused, much like the Dowry Act (Section 498A). There is also no reason to hope that the domestic violence act will alter the public and private positions of women drastically. For a piece of legislation to have effect, active enforcement has to be backed by the creation of awareness. There is only so much that the law can do.
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