Attitudes and Attributions associated with Female and Male Partner Violence Analysis with Special Reference to Domestic Violence

Deepika Vijaywargia
KIIT School of Law, Kalinga Institute of Industrial Technology, Bhubaneswar, Odisha, India.

Volume III, Issue V, 2020

The above mentioned statement was made by the Martin Luther King Jr. in the context of discrimination between the blacks on the pretext of whites. The author of this paper has referred this statement in the context of the brutalities and violence that the fairer sex goes through on the pretext of the male gender specifically in households. Thus, if law cannot be used as a tool to generate love between a man and a woman it at least can save the women from the violence reined upon her by her man. Hence the justification of the Domestic Violence Act, 2005 passed by the Indian Government on 26 October 2006 with the view to make the woman’s life more humane and protecting her against domestic violence and crimes caused to her inside a family household.

Domestic violence is undoubtedly a human right issue and serious deterrent to development. The Vienna Accord of 1994 and the Beijing Declaration and the Platform for Action (1995) have acknowledged this. The United Nations Committee on Convention on Elimination of All Forms of Discrimination against Women (CEDAW) in its General Recommendation No. XII (1989) has recommended that State parties should act to protect women against violence of any kind especially that occurring within the family.

The paper therefore looks at the aims and objectives of the Act, and in this light, examines the concept of domestic violence as enshrined in the Act, the procedures and remedies that the Act provides for, and the issues that may arise in the implementation of the same.