|
New Delhi, Aug. 22: Womens organisations do not want the domestic violence bill ? set to be passed in this session of Parliament ? to become a legislation that can be used by women against other women.
The bill does not have any provision that protects women from being targeted by women, mostly in this instance by mothers-in-law wanting to get rid of their daughters-in-law.
To prevent such a possibility, the CPM-backed All India Democratic Womens Association (AIDWA) has proposed a change in the definition of respondents. The association has suggested that only an adult male be made a respondent in a domestic violence case.
This means a woman, who wants to throw out her daughter-in-law in connivance with her son, cannot charge the daughter-in-law with domestic abuse and make her a respondent.
Activists working with women in the Lawyers Collective and the CPM-backed body say they have witnessed how mothers-in-law have used the legal system to oust their daughters-in-law from their homes. The mother-in-law moves a civil suit against her son and daughter-in-law alleging harassment. The motive is to grab the property. Both son and daughter-in-law are ordered to move out of the house. But eventually the son stays on and the daughter-in-law goes out, said an activist.
We have dealt with hundreds of such cases in Mumbai, she added.
The changed definition should address this problem, activists hope.
If the mother-in-law levels such a charge, it has to be against her son and not the daughter-in-law. So the son and not the daughter-in-law will be the respondent in a petition on domestic abuse, said a lawyer and an activist of the womens organisation.
Womens organisations are wary that the bill may be sent to a parliamentary standing committee if there is too much difference in opinion. This will mean more delay, said Asmita Basu of the Lawyers Collective. The Centre is also keen to pass the bill in this session of Parliament.
The bill deals with sexual, verbal, economic and emotional violence. It covers women in marriages and live-in relationships and those living in a shared household related by consanguinity or adoption.
Domestic violence was first recognised as a criminal offence in 1983 with the introduction of Section 498 A in the Indian Penal Code. But it had a limited ambit dealing only with cruelty by a husband and his family towards a married woman.
Section 498 A focussed on putting people behind bars. But many times, activists say, battered women just want the violence to stop and do not want their partners to be put behind bars.
|