Write short note on measures to solve the problem of domestic violence.
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New sexual violence legislationEdit
Main article: Criminal Law (Amendment) Act, 2013
On 19 March 2013, the Indian Parliamentpassed a new law with the goal of more effectively protecting women from sexual violence in India.[59] It came in the form of the Criminal Law (Amendment) Act, 2013, which further amends the Indian Penal Code, the Code of Criminal Procedure of 1973, the Indian Evidence Act of 1872, and the Protection of Children from Sexual Offences Act, 2012.[60] The law makes stalking, voyeurism, acid attacks and forcibly disrobing a woman explicit crimes for the first time, provides capital punishment for rapes leading to death, and raises to 20 years from 10 the minimum sentence for gang rape and rapes committed by a police officer. The new law doesn’t address marital rape, rape committed by the armed forces or rape against men.[61]
Reformist lawmakers have argued that the higher age of consent could result in abuses and wrongful arrests in statutory rape cases. Additionally, critics point out that there is often a disconnect between law and practice in India.[62] For example, according to a 2012 United Nations report, 47% of Indian women marry younger than 18 (the legal marriage age is 21 for men and 18 for women).[63]
Gender discrimination under lawEdit
Men's rights activists in India have argued that some domestic violence laws in India are discriminatory against men. In particular, Section 498A, the act that criminalizes cruelty against women by husband and his relatives, has been at the center of much controversy. Men's rights activists such as the "Save the family foundation" in India argue that the law is often misused by women. However, a 2012 report on Section 498A from the Government of India found that the empirical study did not establish any disproportionate misuse of Section 498A as compared to other criminal laws.[64]Even though misuse of Section 498A was not established, more recently the Supreme Court came out with directives that every complaint received by the police under Section 498A must be referred to a Family Welfare Committee before the police can arrest the perpetrator.[65]
More glaringly, the law only offers reliefs to women. Men in India cannot avail of a similar legal remedy to protect themselves from domestic violence from either men or women. For men, even a simple relief of having a male or female aggressor stay away from them (a restraining or protection order) is not afforded by the current law.
But in 2016 this discrimination was removed by supreme court itself.The bench of Justices Kurian Joseph and Rohinton F Nariman ruled on 6 October 2016 (Thursday) that this provision frustrated the objective of the legislation since “perpetrators and abettors of domestic violence” can be women too. The words " adult male " has been struck down from the domestic violence act.
Hope this helps....♥♥♥♥
Main article: Criminal Law (Amendment) Act, 2013
On 19 March 2013, the Indian Parliamentpassed a new law with the goal of more effectively protecting women from sexual violence in India.[59] It came in the form of the Criminal Law (Amendment) Act, 2013, which further amends the Indian Penal Code, the Code of Criminal Procedure of 1973, the Indian Evidence Act of 1872, and the Protection of Children from Sexual Offences Act, 2012.[60] The law makes stalking, voyeurism, acid attacks and forcibly disrobing a woman explicit crimes for the first time, provides capital punishment for rapes leading to death, and raises to 20 years from 10 the minimum sentence for gang rape and rapes committed by a police officer. The new law doesn’t address marital rape, rape committed by the armed forces or rape against men.[61]
Reformist lawmakers have argued that the higher age of consent could result in abuses and wrongful arrests in statutory rape cases. Additionally, critics point out that there is often a disconnect between law and practice in India.[62] For example, according to a 2012 United Nations report, 47% of Indian women marry younger than 18 (the legal marriage age is 21 for men and 18 for women).[63]
Gender discrimination under lawEdit
Men's rights activists in India have argued that some domestic violence laws in India are discriminatory against men. In particular, Section 498A, the act that criminalizes cruelty against women by husband and his relatives, has been at the center of much controversy. Men's rights activists such as the "Save the family foundation" in India argue that the law is often misused by women. However, a 2012 report on Section 498A from the Government of India found that the empirical study did not establish any disproportionate misuse of Section 498A as compared to other criminal laws.[64]Even though misuse of Section 498A was not established, more recently the Supreme Court came out with directives that every complaint received by the police under Section 498A must be referred to a Family Welfare Committee before the police can arrest the perpetrator.[65]
More glaringly, the law only offers reliefs to women. Men in India cannot avail of a similar legal remedy to protect themselves from domestic violence from either men or women. For men, even a simple relief of having a male or female aggressor stay away from them (a restraining or protection order) is not afforded by the current law.
But in 2016 this discrimination was removed by supreme court itself.The bench of Justices Kurian Joseph and Rohinton F Nariman ruled on 6 October 2016 (Thursday) that this provision frustrated the objective of the legislation since “perpetrators and abettors of domestic violence” can be women too. The words " adult male " has been struck down from the domestic violence act.
Hope this helps....♥♥♥♥
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Some of the measures to solve problem of domestic violence are:
1. Proper brought up of child and teaching them the value of relations and the value of people living around us.
2. Introduction of strict and straight loss to punish people who admit domestic violence because punishment brings change in society.
3. Family members should have good understanding between them and should implement it a process of solving problems by discussion among themselves.
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