[23 Jul 2010 | No Comment | 353 views]
Domestic Violence Act

Gayatri Singh | Sheela Ramanathan | Colin Gonsalves | Flavia Agnes | Maria Louis | Kirti Singh | Divya Jyoti Jaipuriar | Monika Joshi | Keya Advani | Amy McArdle | Ying Ju Su | Caryma Sa’d | Rakhi Lahiri

Contents :
* Editorial: DV: Prevalence, incidence & consequence
* Domestic Violence Outlawed
* Protecting the vulnerable
* Just Justice?
* Looking Out
* Matrimonial Property Rights
* The Bhopal Catastrophe

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Editorial »

[23 Jul 2010 | No Comment | 154 views]

The ministry of women and child development is taking a cue from the United States in tackling cases of domestic violence at home. In addition to laws in place, the Government of India plans to design the Indianised version of the “Safe DC programme” being implemented in Washington DC to boost its Protection of Women from Domestic Violence Act (PWDVA), 2005.
The PWDVA came into force in 2006, and ever since its enforcement has received mixed vibes for the ambiguities in the law to protect women against domestic violence and lack …

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domestic violence & the law »

[23 Jul 2010 | No Comment | 152 views]
Domestic Violence Outlawed

Although the Domestic Violence Act mandates certain mechanisms to be put in place in order to protect the rights of women facing violence, in most states, neither have the functionaries under the Act been appointed nor have the required services been provided. Senior advocate Gayatri Singh emphasises that it is necessary to take concrete steps to  ensure that the DVA is properly implemented
The Protection of Women from Domestic Violence Act, 2005 is a product of the women’s movement, and is, as the title suggests, meant to protect women from domestic …

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domestic violence & the law »

[23 Jul 2010 | No Comment | 101 views]
Protecting the vulnerable

Shrouded under unjust criticism, the Protection of Women from Domestic Violence Act has suffered much in the country. Advocate Maria Louis demystifies the historic legislation by detailing its finer aspects that often go unnoticed or unheeded, even by the practitioners of law
The Protection of Women from Domestic Violence Act (PWDVA) creates three basic rights for victims of domestic violence: to be protected from violence, to reside in a shared household, and to seek and secure monetary relief.
Lawyers should adopt a clear and holistic approach to the DV Act. For this …

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domestic violence & the law »

[23 Jul 2010 | No Comment | 142 views]
Just Justice?

An Analysis of the Domestic Violence Act in Practice
Although the Domestic Violence Act is being used extensively by women to obtain reliefs such as protection, maintenance and residence orders, some confusion remains regarding certain aspects of the law. Keya Advani highlights some of the most salient features of the Act and analyses the varied interpretation of the law through some precedent-setting cases decided by the Indian judiciary
The Protection of Women from Domestic Violence Act (DVA) was introduced in the Indian parliament in 2005, in order to provide a remedy in …

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domestic violence & the law »

[23 Jul 2010 | No Comment | 81 views]
Looking Out

International Case Law and the Struggle for Women’s Justice
Systematic discrimination against women exists in both the public and private sphere, and nowhere is this inequity more apparent than within the context of domestic violence. Caryma Sa’d and Ying Ju Su examine landmark decisions on domestic violence in courts around the world, shedding light on the international evolution of domestic violence law
In the opening of a landmark judgement, the South African Constitutional Court commented that:
“All crime has harsh effects on society. What distinguishes domestic violence is its hidden, repetitive …

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