Protection officerswere entrusted with the task of reporting domestic violence to the “Magistrate”. However, in many states either there were no POs appointed or there were part time POs.Also, POs were also not fully trained and there was a lack of adequate infrastructure.
The enforcement aspect reflects severe dissimilarities and deviations from the law;for example, in the States of Rajasthan, Punjab and Haryana, heavy reliance on privately appointed lawyers was found. Legal awareness and economic capabilities were presumed on the part of the victims.
Though the Act addresses the need to have speedy justice in such cases, it overlooks the security needs of victims of domestic violence.
A lot of scope for the Magistrate’s discretion in matters pertaining to monetary relief, monetary compensation, child custody, contradictory reports of enquiring authorities
The Act is not ‘gender neutral’ since it is for ‘women’ only. Although the recent verdict has widened its scope.
There are no safety valves in the Act to prevent its misuse. It may prove disastrous not only for an individual in case the complainant has ‘malafide’ intentions. The Act is civil in nature but criminal in procedure and offence under this Act is cognisable and non-bailable.
Conclusion
The problems relating to women, particularly domestic violence, are socio-economic and cultural problems which demand a multi-faceted approach. Multiplication of laws relating to women has led to the problem of overlapping, legal dilemmas and legal confusion.
It is desirable to adopt a human rights approach to women’s problems. It is only through the human rights perspective that one can help safeguard human dignity and create a “violence-free home” leading to a “violence-free society”.
Universal Social Security Plan For The Poorest
The government, in an attempt to improve the life of the extremely poor, has drafted an ambitious Rs 1.2 lakh crore plan to provide universal social security coverage.