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Sociology Project Study on domestic violence on women-A case Study

PROJECT FOR THE SUBJECT OF

Sociology

SUBMITTED BY

Mr. Gandharv Dutt Jaitawat Semester II (B.A.LL.B.)

UNDER THE GUIDANCE OF

Ms. Monika Rao


Faculty, ILNU

Submitted to

INSTITUTE OF LAW NIRMA UNIVERSITY, AHMEDABAD

Academic Year 2011 2012


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ProblemDomestic violence is an abuse which manifests itself when a spouse or a family member violates another physically or psychologically. The term domestic violence is normally used for violence between husband and wife but also encompasses live-in relationships and other members of families who live together. Domestic violence is synonymous with domestic abuse. Domestic violence is common all over the world in all cultures, classes and ages. Violence can take place between men and women, people of same sex or people of different ages like between child and adult ,elderly and youth and vice versa. Domestic violence can occur in many forms and take many dimensions. It can be physical, sexual, social, psychological or economical. The passing of the Domestic Violence Act (DVA) is an important marker in the history of the womens movement in India, which has confronted the problem of domestic violence for well over two decades. This enactment sets free the movement from the malaise that has long plagued it, of attributing all categories of violence suffered by women within their families to dowry and widening the scope of the term domestic violence. It acknowledges that domestic violence is a widely prevalent and universal problem of power relationships, more than the culture specific phenomenon called dowry death. More importantly, it marks a departure from the penal provisions, which hinged on stringent punishments, to positive civil rights of protection and injunction. Prior to the DVA, legal measures available to domestic violence survivors were hampered by a reluctance to enforce domestic violence as a criminal offence. Although criminal proceedings and injunctions were available under the Penal Code and existing legislation, domestic violence was regarded as a private family matter, and police and the courts were generally unwilling to take action against batterers. Furthermore, the legal process was laborious and expensive. Protection injunctions often proved to be little more than pieces of paper which failed to protect women from their abusers. Finally, the implementation of a Domestic Violence Act sends out a strong message of the seriousness with which society regards domestic violence.

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Facts of the case:(1) The complainant smt.Rubina was married to Mohd Yusuf according to the Muslim matrimonial customs . (2) The complainant afterwards started living at her ancestors house. The house was not properly constructed but later on the complainant husband from his income from Saudi Arabia reconstructed the house and after coming to India started living with his family in that house after the death of complainant father in law, all the accused started abusing complainant and forced her and her family members to leave the house and accused also started beating the complainant. (3) On 1.8.2009 the accussed tried to lock the door to the stairs. On objection by the complainant the accussed started beating her and even torn her clothes. (4) The complainant rushed to the room to change her clothes, the accussed no 2 also entered the room and started beating her. Mazid came to rescue the complainant. (5) The complainant with her husband went to police station to complain about the incident but the police did not took any adequate action (as told by the complainant). (6) The aggrieved filed a petition to Additional Chief Judicial Magistrate 2 (A.C.J.M 2) at Jodhpur.

Relevant provisions:-

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JUDGEMENT It is still pending in the high court of Rajasthan

ANALYSIS If considering the facts of the case and the words of the complainant true than accused should be punished and the lady should be given remittances. Under the section 3 of domestic violence which defines domestic violence, the victim should also given help. The image of the victim was spoiled in the society and she was beaten. For her and her maternal members abusive words were used and thus they all should be punished and the victim should be given relief by the court and the lady with her husband should be allowed to live in that house.

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INTERVIEW Q- Was your husband also involved in it or he supported you throughout this? Ans- No, my husband supported me and was with me throughout in my miseries. Q- Did you suffered because of these atrocities in societal frame? Ans- Yes, I suffered a lot but my family members supported me a lot throughout. Q-Do they still are using abusive words and beat you? Ans-Yes they still do but now they are not doing openly. They do not beat me now but use abusive words for me and my family. Q-When you complained about all this to police what was there reaction did they supported you? Ans-the police did not took any action against them. I think they were also mixed with others. Q- What decision do you want from the court now? Ans-I just want to live in my house peacefully and to punish the people who beated me and used abusive language against me and my family. Q-What do you think the court will support you and punish the others? Ans-Yes(then speech less)

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