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Articles in the domestic violence & the law Category

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[23 Jul 2010 | No Comment | 14,064 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 …

domestic violence & the law »

[23 Jul 2010 | One Comment | 9,992 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 …

domestic violence & the law »

[23 Jul 2010 | No Comment | 12,686 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 …

domestic violence & the law »

[23 Jul 2010 | No Comment | 7,630 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 …

domestic violence & the law »

[23 Jul 2010 | No Comment | 11,328 views]
Matrimonial Property Rights

Proponents of the ‘Matrimonial Property Campaign’, such as senior Supreme Court advocate Kirti Singh, believe there is an urgent need for new and specific legislation recognising the equal rights of women, be they wives or live-in partners, to the property and assets. In an interview with Amy McArdle, Singh argues that even in their role as primary caregivers within a domestic relationship, women must be entitled to an equal share in matrimonial property in case of marital breakdown
With Goa as an exception where matrimonial property rights are afforded under the …

domestic violence & the law »

[22 Jul 2010 | No Comment | 6,821 views]
Looking Beyond

Contextualising interpretations of the Domestic Violence Act within the specific legal and social framework of India, Flavia Agnes encourages the legal community to look beyond the DVA, to link civil and criminal laws to negotiate for women’s rights
The issue of domestic violence has been with us for a long time, and has been awarded prominence within Indian feminist legal pedagogy and social activism for several decades. It is one of the main planks of the women’s movement. But during the initial phase in late 1970s and early 1980s, it was …

domestic violence & the law »

[22 Jul 2010 | No Comment | 4,060 views]
Making DVA work for women

Lacunae in the Domestic Violence Act continue to haunt the lives of distressed women even after almost half a decade of its coming into force. Divya Jyoti Jaipuriar and Monika Joshi suggest some plausible measures for improving the infrastructure and implementation of the provisions under the DVA to make it more responsive to the needs of women
The Protection of Women from Domestic Violence Act (DVA/PWDVA) has been in place for over four years, yet the machinery required to effectively implement the Act is not in place. As a result, women …

domestic violence & the law »

[22 Jul 2010 | No Comment | 8,462 views]
Interpreting Rights

Using sources abroad to prevent violence at home
International treaties may be used not only to protect existing women’s rights, but they can also be artfully employed to expand those rights. It will definitely take more than ringing a bell and asking for a cup of milk to prevent domestic violence nationwide, writes Rakhi Lahiri
India’s first Prime Minister Jawaharlal Nehru proclaimed that a nation’s condition could be surmised from the status of its women. If indeed this is true, then this paints a very bleak picture for nations across the globe …

domestic violence & the law »

[22 Jul 2010 | No Comment | 7,113 views]
Speaking Out

Advocates and activists who are actively and innovatively using the Domestic Violence Act in twenty different states across India share experiences, suggestions and identify common problems that they face
ANDHRA PRADESH
Advocate Kusuma Kumari
Andhra Pradesh Women’s Network
There are numerous cases in Andhra Pradesh that have included both the child and the mother within the ambit of the case. In the experience of the Andhra Pradesh Women’s Network, the Police have been fairly receptive and have successfully implemented Protection Orders for women facing domestic violence.
Advocate Hemalatha
HRLN, Hyderabad
Women have to bare all of the …

domestic violence & the law »

[22 Jul 2010 | No Comment | 10,279 views]

Andhra Pradesh

Woman as Respondent: Afalunnisa Begum v. State of Andhra Pradesh and Umesh Prasad Maharana v. State of AP [MANU/AP/0206/2009]

Delhi

Jurisdiction of courts for temporary addresses: Manish Tandon v. State of Delhi [Manu/DE/3007/2009 Del]
Technical Errors not to hinder justice: Sarbjyot Kaur Saluja v. Rajender Singh Saluja, 148 [2008 DLT 650 Del]
Consent terms: Dr. Sunil Kumar v. State (Govt. of NCT  Delhi) [II 2008 DMC 212 Del]
Shared household/ Right to residence: Amit Sundra v. Sheetal Khanna [Delhi 2008 CriLJ66: I(2008)DMC5]
Right to residence: Nidhi Kumar Gandhi v. The State [157 (2009) DLT …