Chapter 5 — Prevention of Violence against Women

CBSE Legal Studies XI | Short Notes

Learning Outcomes

• Understand concept of violence against women

I. Domestic Abuse / Violence

• Def: Pattern of behavior in a domestic relationship to gain/maintain power & control over another
• Forms: Physical | Sexual | Emotional | Economic | Psychological
• Nature: Frightens, intimidates, terrorizes, manipulates, humiliates, injures, or wounds; occurs in married, live-in, or dating
relationships
• Affects: Anyone — any race, age, gender, religion, socio-economic background
• Global: Forbidden in West; legally/socially accepted in UAE, Jordan, Guinea, Zambia, Sierra Leone, Laos, Ethiopia

II. International Legal Framework

1. CEDAW, 1979
• UN treaty — 'international bill of rights for women'; 99 signatories incl. India
• Defines discrimination against women; sets national action agenda to end it
• 1992: CEDAW Committee — any discrimination/violation of women's rights = violence (by State or private individuals)
2. UN Declaration on Elimination of Violence against Women, 1993
• Gender-based violence = any act causing physical, sexual, or psychological harm — in public or private life
• Includes: battering, marital rape, FGM, dowry violence, non-spousal violence, sexual harassment, trafficking, forced
prostitution — in family, community, institutions, workplaces
• Violence committed or overlooked by State also counts; India is a party
3. UN Model Legislation on Domestic Violence, 1996
• Created by UN Commission on Human Rights as a drafting guide for States
• Defines domestic violence as: all gender-based physical, psychological & sexual abuse by a family member — assaults,
kidnapping, coercion, stalking, arson, marital rape, dowry/bride-price violence, FGM, exploitation through prostitution,
violence against household workers, and attempts to commit such acts

III-A. PWDVA — Protection of Women from Domestic Violence Act, 2005

• Before 2005: 'domestic violence' NOT a special category under Indian law
• Enacted to provide effective protection & civil remedies to women victims of family violence
• Based on CEDAW + UN Declaration; conforms to UN Model Legislation on Domestic Violence
2 Concerns Addressed:
• 1st: Family Courts Act (1980s) focused on 'preserving family' at all costs — not on ending violence in private sphere
• 2nd: Domestic violence was only treated as 'cruelty' (criminal law/divorce grounds) — NO civil remedies like monetary relief
or compensation existed
Sec. 3 — Definition: Any act, omission or commission of the respondent constitutes domestic violence if it:
• (a) Harms health, safety, life, limb — physical, sexual, verbal, emotional, economic abuse
• (b) Harasses to coerce unlawful demand for dowry/property
• (c) Threatens the aggrieved person or any related person
• (d) Otherwise injures or causes physical/mental harm
Support Services provided:
• Mandatory medical & shelter assistance | Legal aid | Court-directed counseling | Protection Officers | Service Providers
9 Salient Features:
• (a) Civil law (except Sec 31 & 33). Primary aim: compensation & support, not punishment. Enforcing criminal law depends
on State, police & prosecution lawyer. PWDVA is victim-driven; rights/reliefs only with her consent
• (b) Broad 'domestic relationships' — wives, mothers, sisters, daughters, live-in partners
• (c) Not limited to matrimonial home — covers 'shared householder' (mothers, sisters, daughters)
• (d) 'Stop Violence' emergency orders — additional law; allows women to enforce other laws (e.g., divorce laws)
• (e) Protection Officers (usually women) — file applications, assist magistrate, inform women of legal aid, shelter homes &
medical services
 • (f) Service Providers — NGOs voluntarily registered to provide shelter/medical support; women find NGOs more
approachable than police/state
• (g) Single window clearance — one PWDVA suit to enforce all civil reliefs; e.g., use Sec 498A IPC to prevent dispossession
during divorce petition; avoids multiple forums
• (h) Counseling — magistrate can direct parties at any stage; criticized as tool for preserving marriage & placing woman back
in violent situation
• (i) Govt. responsibility — Central & State Govts. must train & sensitize public, authorities & judiciary
• Even before PWDVA, Indian judiciary relied on international legal standards to provide civil remedies in violence against
women cases

III-B. Sexual Harassment of Women at Workplace: Prevention, Prohibition & Redressal

POSH Act, 2013 — Protection of Women from Sexual Harassment at Workplace (Prevention, Prohibition & Redressal) Act
• Objective: Prevent, prohibit & redress sexual harassment of women at workplace
• Effective: 9 December 2013 | Ministry for Women & Child Development | Applicable: Whole of India
History — Vishakha Case:
• Bhanwari Devi, Rajasthan Govt. women development worker (low-caste), gang-raped (1992) by upper-caste men when she
tried to stop a child marriage
• Trial court acquitted accused; police rejected her allegation
• Women's rights groups & NGOs filed PIL — Vishakha & others v. State of Rajasthan — in Supreme Court
• SC found no Indian law on workplace sexual harassment; referred to UN CEDAW Convention
• SC delivered the Vishakha Guidelines — a set of standards (code of conduct)
Vishakha Guidelines:
• Employer must include rule in company code of conduct against sexual harassment
• Organizations must form complaint committees headed by women
• Initiate disciplinary action against offenders; safeguard victim's interests
• Female employees must be made aware of their rights
POSH Act — Key Points:
• SC for the first time recognized workplace sexual harassment as a violation of human rights
• Vishakha Guidelines had force of law under Article 32 of the Constitution until Act was enacted
• POSH Act 2013 based on Vishakha Guidelines; mandatory for all commercial & public sector organizations
• Creates mechanism for redressal of sexual harassment complaints at workplace