Campaign for a Civil Law on Domestic Violence

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Subject: Campaign for a Civil Law on Domestic Violence

Dear Friends,

As you are aware NGOs, activists and women's organizations have been campaigning

for a civil law on domestic violence for the last couple of years. Pursuant to

extensive consultations, in-depth academic research, grass roots action and

experience working for victims of domestic violence, we had drafted the civil

law on domestic violence and shared the same with the Government of India at

various forums. The women's movement was unanimous in the provisions in the

draft law submitted to the Government for consideration.

ATTACHED PLEASE FIND THE UPDATE AND BRIEFING DOCUMENT, THE LAWYERS COLLECTIVE

DRFAT BILL AND ALSO THE GOVERNMENT BILL ON DOMESTIC VIOLENCE.

While we welcome the bold step of the Government in recognizing the necessity of

legislation on the subject and the need to protect women against this increasing

evil by law, the Bill as proposed by the Government leaves much to be desired.

Even while it does not take into account most of the recommendations put forward

by us, it falls far short of our expectations and indeed what is required to be

done. We are of the opinion that this bill in its present form will actually

turn out to be dangerous in its implications for women who are victims of

domestic violence.

We strongly oppose the law in its present form for the following reasons:

1 Defines domestic violence in a manner that fails to capture women's

experience of abuse and daily violence at home. The definition in fact hides

rather than reveals the true dimensions of domestic violence. In modern law, we

cannot leave the interpretation of law to the subjective views of judges.

Definitions are meant to set objective standards and define the content of the

wrong complained of. It is left then to judges to decide whether a particular

act complained of amounts to domestic violence as defined. An inclusive

understanding of the subject of the Bill is necessary, otherwise women's rights

cannot be protected nor promoted. The definition of domestic violence must be in

line with that contained in International Conventions to which India is a party

and in consonance with the UN Model Code on domestic violence;

1 Fails to declare that women have the right to reside in the " shared

household " which is the most important right for women and victims of domestic

violence, without which the present law will have no meaning for them;

1 Excludes unsuspecting victims of bigamous marriages by the usage of the

word " relatives " . Women who are led to believe that a marriage has taken place

are later told that the same was not legal as it did not com ply with essential

formalities must be protected. It is therefore necessary to include women who

have been living in relationships akin to marriage and in marriages considered

invalid by the law;

1 Fails to empower judges to grant residence orders, orders restraining

dispossession and mandatory repossession of the matrimonial home, which is

perhaps the most important reason for having a new law on domestic violence;

1 Does not provide for emergency monetary relief, custody orders for her

children that need to be provided to any victim of violence on a emergency

footing;

1 Lacks any mandate of monitoring and effective implementation of the law so

that the law serves its intended purpose. No fund allocation is specified to

ensure the proper functioning of the law envisioned. It ignores the need for a

Coordinator for the prevention of domestic violence;

1 Is silent on periodic training of protection officers and law enforcement

machineries and does not spell out any mechanism for dissemination of

information on the rights of the victims or duty of the state;

1 Provides for mandatory counseling of the victim of domestic violence,

which may not be in the interest of the victims. Mandatory counseling is

intended to correct the behavior of the abuser and not meant for the abused

person;

1 Vests jurisdiction in the Magistrates Court instead of the civil court to

exclusively deal with domestic violence cases, which in our opinion is not at

all advisable as domestic violence issues are often connected with long term

matrimonial disputes which are decided by civil courts. It is therefore

advisable to vest jurisdiction in civil court rather than criminal courts as the

women can deal with one court rather than two or more courts for all her needs.

The person aggrieved should also have the option to seek relief in existing

proceedings, civil or criminal. Otherwise it would lead multiple litigation,

which is an onerous burden to impose on the person aggrieved.

In short, the Bill requires substantial review. The issues raised above need

serious consideration, as we believe that a law that does not carefully and

adequately address all the aspects of domestic violence against women can work

to their disadvantage.

We are hopeful that we can together address these issues of concern and confront

domestic violence in a purposeful way. We are sending this letter to all

ministers concerned with the subject and to all members of parliament, as also

the Chairperson of the Standing Committee on Empowerment of Women. We request

you to send similar letters to all of them and also to disseminate information

on this issue as widely as you can. Meetings, Discussions, Consultations on the

same are welcome and we offer our relentless services to achieve our targets in

a united manner. Please feel to get in touch with us anytime on anything.

Looking forward to hearing from all of you;

Thanks and warm regards,

INDIRA JAISING

Director

Lawyers Collective

Email<wri@...>

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