Report on the Awareness Program on

Domestic Violent Act 2005 in Namakkal

District

Supported By
Organisation for Women Liberation,
Ooty.

Organised By

Women’s Organisation in Rural Development (WORD),

186/1, Kavin Harsha Complex,
Nethaji Nagar II Street,
Trichy Road,
Namakkal. 637 001.
Phone: 04286-220 280/220 478.
E-mail: wordnkl@gmail.com
Web: http://www.word.org.in
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 Report on the awareness program on Domestic Violence Act 2005 in Namakkal District.

Preface:

With the technical and funding support from Organisation for Women Liberation-OWL/ Irish Embassy,
WORD has got the opportunity to implement the awareness program on Domestic Violence Act 2005 in
Namakkal District.

There was a one day orientation meeting held for all the partners in Tamilnadu conducted by OWL and
Mrs. M. Renida Sarala, Director, WORD participated on WORD’s behalf.

Soon after the meeting, an orientation and consultation meeting held with the SHG leaders as they are
the leaders and are being considered as the gate keepers in the community to send the message across.
The orientation on Domestic Violence Act 2005 was discussed in detail among the leaders. During
which it has been planned for a massive awareness rally in Pallipalayam with the active participation of
women as they are the key target groups for which the awareness on Domestic Violence Act is focused.
It is also planned to have a workshop for the women to create the in-depth awareness on Domestic
Violence Act.

Rally

It is proposed to conduct a rally to create mass awareness rally among the public on domestic violence
act 2005. A massive awareness rally on Domestic Rally was organised at Pallipalayam in Namakkal
District on 10. 12.2007. More than 250 women participated in the rally. The rally was flagged off by the
Pallipalayam Block Development Officer, Mrs. Kamalam. The Deputy Block Development Officer,
Mr.Karuppusamy, The Pallipalayam Panchayat Union President Mr. Balu and the Director of WORD,
Mrs. Renida Sarala participated during the flag-off program. The participants in the rally hold placards
on awareness on Domestic Violence Act-2005 and raised the slogan on the necessity to put in practice of
the act. The rally which started at the Block Development Office (BDO) office premises, passed through
the important streets of Pallipalayam and ended at WORD office at Pallipalayam with an awareness
building workshop.

Awareness Building Workshop:

Mrs. M. Renida Sarala, Director-WORD welcomed all for the awareness workshop and she briefed about the
importance of the workshop. She welcomed Mrs. Barbara Lydia, an eminent lawyer from Erode for key note
address for the workshop with the bouquet.

Mrs. Barbara Lydia, the lawyer took the floor in addressing the Domestic Violence Act. She explained in detail
about the Domestic Violence Act. The following are the important points she oriented to the participants.

The place and role of female had always been crucial to the development of family and society in India.

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Our country with its rich cultural heritage and respect to traditional values had honoured women in many ways.
But from time immemorial woman was considered inferior to man and so she had given a subordinate position in
the family and society. Over decades many social, religious, cultural, economic and political changes had
occurred in our society, which left its lasting impact on the family set up and position of women there. In course
of time the status of women deteriorated. They were treated as weaker sex meant for child bearing and child
rearing besides looking after the household affairs. The Constitution of India contains legal provisions to protect
women and uphold their honour and dignity. But even after the enactment of many laws by the Central and State
Governments, the plight of women is not improved to the extent desired. At home and outside, atrocities against
them is increasing everyday. Even the highly literate state of Kerala is not an exception. Family is a place where
women enjoyed protection, happiness and freedom in all known societies of the world. Here girl children and
women live without any hindrance from within and without. Their protection was the sole duty and responsibility
of male members in the family.

There they were protected like seedlings in a sheltered nursery garden. But the family once nurtured turned
against them threatening the very existence ignoring their rights and privileges. Violence against women in
relation to sex, property, money and other matters revised questions affecting the cultural values and accepted
norms in the family. Indian women had to subjugate her needs, desires, ambitions and aspirations to those of
others. Their emancipation from this miserable plight was the crying need of the hour. It was also realised that the
strength of the nation depended on the extent of power and importance given to the fair sex. This resulted in the
enactment of a new legislation as a step to provide safeguards to women from the ill-treatment of male members
in the family.

The growth of women’s involvement in the country, the working of various governmental and non-governmental
organisations for the upliftment of women, empowerment programs creating awareness among women- all these
have exerted pressure on policy makers and administrators to come out with a new legislation to improve the lot
of women in the family system. The misuse of existing laws, like the Dowry prevention Act causing the untimely
deaths of bride, especially in North Indian States, also attracted the attention of the Central Government to pass a
legislation to promote the right and dignity of women. Hence the Protection of Women from Domestic Violence
Act 2005. This act and the rules framed under it, in short, make men to think twice before indulging in activities
hurting the modesty of women living with them in the family.

The protection of women from Domestic Violence Act 2005 is a landmark in the legal proceedings of the Indian
Parliament. The Act was passed by the Parliament in August 2005. It secured the assent of the President on
13.9.2005 and came into force only with effect from 26.10.2006. Except the state of Jammu Kashmir, the Act is
applicable to all other states of the Indian Union. The scope of this Act is wide indeed. It is not against any of the
existing laws in the country. At the same time it is a weapon in the hands of women against the misdeeds of man
within the family. If woman falls victim of man, according to this act she has to get protection from the culprit. It
ensures financial assistance to her, besides, shelter, medical assistance and legal aid. To provide these facilities
avoiding delay and to coordinate all the protective measures, the Act contains provision to appoint protection
officer in each district of the State. It stood for the establishment of sufficient number of courts in the country to
implement speedy justice. The Act made it compulsory on the part of the government to help woman by
extending the service of service providers selected from the registered organisations and companies. The Act
further advocates training and awareness campaign for the effective implementation of its provisions.

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Domestic violence

The Act explains what domestic violence is. A man living in a house as member of the family either through
blood relation, marriage, marriage-related relation or adoption, deliberately or not, physically or mentally tries to
torture a woman having some family relation affecting the health, security, life, organs of the body or her
wellbeing, she is abused physically, sexually, verbally or emotionally – all these came under the purview of
domestic violence. Not only that, man related to the family tries to secure dowry, property and valuable assets
illegally by compelling, beating or murdering the woman or anybody related to her – that too comes under the
caption of domestic violence.

Types of violence

The Act describes four types of domestic violence. They are physical abuse, sexual abuse, verbal and emotional
abuse and finance related abuse.

Implementation of the Act

The victimised person has the right to register her complaint directly before the first class magistrate having
control over the judicial proceedings of the area where the petitioner or the culprit resides. Another important
clause is that a complaint can be lodged by any other person who feels the need of it. For filing a case, the
concerned person can seek the help of protection officer appointed by government for each district.

He has to provide legal assistance to the petitioner. The help of service providers can be used to register a
complaint. Not only are those, the police officers also authorized to provide remedy to the demands of the
petitioner. Cases should be registered only in approved form. There are clauses in the Act to provide medical
assistance and counselling to the victim. Likewise, the victim of violence can use shelter home and provision is
there to protect children also.

Punishment

If the culprit violates the orders of the Magistrate, he will get imprisonment for one year or a fine of Rs.20,000 or
both. Women’s suffering in the family is as old as the history of family itself. Woman is the backbone of the
family which rests on love, understanding and mutual respect of its members, whether male or female. No law can
determine the affairs of the family except the one framed by man and woman who are the managers of the family.
But the deplorable condition of women in the present society prompted the enactment of this legislation to uplift
them and give due place in family respecting womanhood. The merits and defects of this law should be studied
and evaluated in this context. The act does not provide any relief to women to encourage their active participation
in public life. Their role in decision-making in and outside family does not get any preferential treatment at all.

Salient Futures of the law:

 The Act will help to frame a new set up to domestic life. Awareness of the existence of this law will
dissuade men from indulging in violence.
 This law will reduce the intensity of domestic violence and promote a woman-friendly family life.
 This Act will usher a new era of women’s emancipation from household sufferings and injustice.

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Other comments:

 The success of this Act will depend on how victims of domestic violence react to it and the attitude of the
police in dealing with them. In a country where most women still remain fearful and hesitant of
approaching the police, one has to wait and watch the impact the law will have.
 The law has been hailed by the All India Democratic Women's Association, the NGOs, and human rights
organisations. For the first time, women have been provided civil remedies in cases of violence. The Act
speaks of their residence and maintenance.
 India's first case under the Act was booked on October 28 in Tirunelveli, Tamil Nadu, with the arrest of a
peon by the police for injuring his wife with an umbrella. But the case could not be disposed of due to the
non-appointment of protection officers or service providers by the State government. Therefore, to
implement the provisions of the law effectively, there should be no delay in the appointment of regulatory
authorities.
 Domestic violence against women is a blot on society. India has certainly taken a step in the right
direction by empowering women by passing this legislation. Emphasis on not just physical abuse but also
mental and economic abuse, the possibility of a woman approaching the protection officer even if she
anticipates violence, provisions of free legal service, medical aid as well as accommodation in shelter
homes are aspects of the Act that stand out.
 The Act instructs the Government to ensure that the provisions get adequate publicity in the media so that
awareness of legal recourse is created. However, the Act does not fix a time frame for the appointment of
protection officers by the State governments. It is suggested that the senior most lady officer in the police
service be appointed as de facto protection officer.
 It is also suggested that cases involving this law be handled by family courts; this would not further
burden the already strained legal system while ensuring speedy justice.
 To complement the efforts by the Government, parents and neighbours should play a vital role in
encouraging women suffering from domestic violence to fight back.
 The government should appoint advisers or counsellors for those affected by domestic violence.
 This law must be strictly implemented. Very few cases end in conviction; in most cases the alleged
culprits are let off for lack of evidence or benefit of doubt. When it comes to domestic violence, the
proof/evidence is circumstantial in majority of the cases.
 The witnesses and deposition of the children of victims must be taken into account. Overall it is a good
law and voluntary groups like WORD must create awareness about it.
 The Act seems to have been passed without any thought to its implementation. The law does not seem to
be concerned with the fate of the victims after their rescue. Domestic violence is a social evil that is
common in rural families.
 Poverty, illiteracy, unemployment and over population are factors that contribute to it. What is required is
greater focus on educating girls.
 Awareness, education, empowerment of women through employment and economic independence should
be encouraged. Financial and social strain can cause domestic violence.

The workshop had come to an end with the thanking note by Mr. Mohan, Project Co-ordinator. He thanked the
resource person, Mrs. Barbara Lydia for provided all the vital components of the law in lucid manner and all the
participants for the active participation with a special request to send the message across in the community and to
help others to get to know about the law. He also thanks OWL for having given an opportunity to WORD to carry
out the program in Namakkal District.

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Photo Gallery

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