Protection Of Women From Domestic Violence Act, 2005: Strikes The Very Root Of Family And Marriage

PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005: STRIKES THE VERY ROOT OF FAMILY AND MARRIAGE

Dissertation submitted in Partial fulfilment of the Requirements for the Award of The Degree of

Master of laws

Submitted by

Balan.P
Government Law College Ernakulam -11 2012

Protection Of Women From Domestic Violence Act, 2005: Strikes The Very Root Of Family And Marriage

Certificate
This is to certify that the research work embodied in this dissertation titled Protection of Women from Domestic Violence Act, 2005: Strikes The Very Root Of Family And Marriage is the bonafide work done by the student Balan.P bearing Roll No. 602 in partial fulfilment of the requirement for the award of the degree of master of laws.

Dr. A.S. Saroja Principal Govt. Law College Ernakulam

Protection Of Women From Domestic Violence Act, 2005: Strikes The Very Root Of Family And Marriage

Declaration
I, Balan.P bearing the Roll No. 602 hereby declare that the dissertation titled Protection of Women from Domestic Violence Act, 2005: Strikes The Very Root Of Family And Marriage has been prepared by me under the guidance and supervision of Dr. A.S. Saroja , Principal , Govt. Law College Ernakulam. I also declare that the dissertation has not been submitted previously by me fully or partly for the award of my degree, diploma, title or recognition before any university, institution or authority.

Ernakulam Govt. Law College

Balan . P 20/03/2012

Protection Of Women From Domestic Violence Act, 2005: Strikes The Very Root Of Family And Marriage

Acknowledgement
I take this opportunity to express my sincere gratitude to one and all who have helped me through this thesis. Firstly, I would like to thank my guide Dr. A.S. Saroja, Principal , Govt. Law College Ernakulam for the help that she have lent me before and during the course of my project. I would also like to extend my thanks to all other faculty members of the College and for the technical support lent by the College Library and the Cochin University Library. The wholehearted cooperation, affection and timely help of all my classmates are remembered with great appreciation and gratitude. Finally I would like to thank my family for their support and cooperation. .

Ernakulam Govt. Law College

Balan . P 20/03/2012

Protection Of Women From Domestic Violence Act, 2005: Strikes The Very Root Of Family And Marriage

PREFACE
What is old in the world is violence and what is new is the growing awareness of the undesirability of violence and the efforts to contain and prevent it. Crimes against women have been committed since antiquity. Domestic violence to women, the central concern here, is found in all societies and across all economic and age groups. It seems indeed a great pity that despite the proliferation of education, the growing emancipation of women and revolutionary changes in peoples attitude towards the institution of family in this century, domestic violence persists all over the world. In this work an earnest attempt is made to highlight the problem of domestic violence and examines the extent of protection available under civil and criminal law and also under the specific law dealing with domestic violence i.e., the Protection of Women from Domestic Violence Act, 2005. At the same time there is need to address the apprehension about the likely misuse of the law which strikes the very root of family and marriage.

Protection Of Women From Domestic Violence Act, 2005: Strikes The Very Root Of Family And Marriage

CONTENTS
Chapter-1 INTRODUCTION Chapter-2 DOMESTIC VIOLENCE AN OVERVIEW Meaning and Concept Domestic violence-Definition Types of domestic violence Allegations of Domestic Violence Causes of Domestic Violence Domestic violence in same-sex relationships Response to domestic violence Treatment and support Chapter-3 EXTEND OF PROTECTION AVAILABLE UNDER CIVIL AND CRIMINAL LAW Criminal Law Civil Law Other Matrimonial Laws Chapter-4 THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 Women And Human Rights: International Developments General Human Rights Instruments And Their Relevance To Violence Against Women Violence Against Women To Domestic Violence The Indian Scenario 62 64 60 60 36 36 40 41 9 13 15 18 18 31 32 33 1

Protection Of Women From Domestic Violence Act, 2005: Strikes The Very Root Of Family And Marriage

The Protection Of Women From Domestic Violence Act, 2005 Background Of Domestic Violence Act, 2005 Why Separate Legislation? Scope of the Act and Definition of Domestic Violence Relief under the Act Jurisdiction Chapter-5 JUDICIAL CONTRIBUTION IN THE AREA OF WOMENS RIGHTS vis- avis DOMESTIC VIOLENCE Chapter-6 DOMESTIC VIOLENCE A CRITICAL ANALYSIS Men and Women are violent Individual and Social Cost of the Problem Chapter-7 SUGGESTIONS AND CONCLUSION Suggestions Conclusion LIST OF ABBREVIATIONS TABLE OF CASES BIBLIOGRAPHY

66 66 67 68 75 78

80

97 108 109

111 111 116 121 122

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