Mapping Legislative Changes

Author(s):  
Asmita Basu

The Protection of Women from Domestic Violence Act, 2005, (PWDVA) is a special civil law aimed at effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family. 26 October 2016 marked the tenth anniversary of the enforcement of the PWDVA. The chapter examines the trajectory of legal developments that culminated in the enactment of the PWDVA as well as the gaps in the legal regime that the enactment of this law sought to overcome. Tracing the history of the women’s rights movement and its engagement with equality and violence against women, the author details the sustained campaign, spanning nearly a decade, by the Indian women’s movement, the drafting of the PWDVA by Lawyers Collective in consultation with the women’s movement and the challenges in its enactment.

2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Janet Oluwaleye Monisola

The trend of violence against women in Nigeria has increased more than ever recently, with many women having been deprived of their fundamental rights. Violence against women in Nigeria includes sexual harassment, physical violence, harmful traditional practices, emotional and psychological violence, and socio-economic violence. This article investigates cases of domestic violence against women in South West Nigeria by assessing the role of family courts in the adjudication of such cases. Both primary and secondary sources of data were employed to examine incidents of violence against women and the role of the family courts in ensuring justice. The author employed both primary and secondary sources of data; the data gathered were analysed by frequency and simple percentages, while qualitative data were descriptively analysed. The article reveals the causes of domestic violence against women to include a cultural belief in male superiority, women’s lack of awareness of their rights, women’s poverty owing to joblessness, men seeking sexual satisfaction by force, women having only male children, the social acceptance of discipline, the failure to punish the perpetrators of violence, the influence of alcohol, and in-laws’ interference in marital relationships. It also reveals the nature of domestic violence against women. The research revealed that the family courts have played prominent roles in protecting and defending the rights of women. The author therefore recommends that the law should strengthen the family courts by extending their power to penalise the perpetrators of violence against women. 


Author(s):  
Giane Lopes Oliveira ◽  
Ninalva de Andrade Santos ◽  
Juliana Costa Machado ◽  
Vilara Maria Mesquita Mendes ◽  
Roberta Laíse Gomes Leite Morais ◽  
...  

Objective: The study’s purpose has been to understand domestic violence against women under the perception of Family Health teams. Methods: It is a descriptive study with a qualitative approach, which was performed with 24 professionals from Family Health Units located in a municipality from the Bahia State countryside, Brazil. Data collection took place through semi-structured interviews designed according to the thematic content analysis. Results: Physical and psychological violence were the most common forms of domestic violence against women, with alcoholism, jealousy and macho culture as triggers for aggression. Gender and power relations were evidenced in the context of violence. Conclusion: Therefore, it is possible to underline the need for training of the Family Health teams in order to identify and adequately handle cases of domestic violence against women, aiming for comprehensive care.


2021 ◽  
pp. 144-145
Author(s):  
Ritu Chandra ◽  
Anju Tyagi ◽  
Sumin Prakash

Domestic violence is one of the forms of abuse which is often being executed against women within four walls of the family house.The incidence of violence against women within and outside family has an alarming increase from the last some decades.Domestic violence badly impacts on the health and lives of women victims and they suffered with lack of sleep;depression;frustration, stress,worry and lower self esteem and it also effects on family life and emerge conflicts, misunderstandings, loss of trust, communication gaps, quarrels/fights among family members which often spoils the cordial relationships among the members of the family


Author(s):  
Sandra L. Curtis

Music therapists working in the area of domestic violence represent an emergent, but growing professional group. The termdomestic violenceis currently the most widely recognized. However, it has been criticized for the way in which it can serve to mask dimensions of gender and power involved, and can individualize the problem, ignoring its sociopolitical underpinnings. It also masks connections between this type of violence and all forms of male violence against women. As a result to ensure a better understanding, the preferred term for all types of this violence iswoman abuse, withintimate male partner violence(IMPV) the preferred term for violence against women in their intimate relationships. It should be noted that men can be victims of violence, but this violence is different in its nature, scope, and its impact. Music therapy work in the area of woman abuse is presented in this chapter.


2021 ◽  
pp. 1-34
Author(s):  
Erin Beck

Abstract A scholarly consensus depicts strong, autonomous domestic women's movements as critical for the passage of gender equality reforms, alongside openings in domestic and international political contexts. What, then, is a nascent women's movement seeking gender equality reforms to do if it lacks strength or a history of autonomous organizing? A long-term analysis of the Guatemalan women's movement's push for reforms to address violence against women demonstrates that one potential road forward is through a “politics of patience,” rooted in the pursuit of cumulative, incremental victories. Adopting a politics of patience allows nascent domestic movements in developing and post-transition contexts to achieve incremental victories that create future political openings while simultaneously building movement strength and autonomy over time. This finding highlights the temporal and strategic power of women's movements, as well as the iterative and potentially reinforcing nature of social mobilization and political reform.


Family Law ◽  
2019 ◽  
pp. 199-289
Author(s):  
Joanna Miles ◽  
Rob George ◽  
Sonia Harris-Short

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic abuse and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic violence. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic violence; the civil law and domestic violence; the Family Law Act (FLA) 1996, Part 4; enforcement of orders under the FLA 1996; third party action on behalf of victims, including the Crime and Security Act 2010 and latest proposals to enhance such powers; and legal responses to forced marriage.


2019 ◽  
Vol 37 (4) ◽  
pp. 311-335
Author(s):  
Vladislava Stoyanova

Migrant women victims of domestic violence might face a stark choice between leaving an abusive relationship and tolerating the abuses so that they can preserve their residence rights in the host country. EU law suffers from some major limitations in addressing this situation. In view of the EU ratification of the Council of Europe Convention on Preventing and Combating Violence against Women (‘the Istanbul Convention’), will the EU be required to take new measures in light of the demands imposed by Article 59 of the Istanbul Convention that addresses the residence rights of migrant women victims of violence? By clarifying these demands and juxtaposing them with the relevant EU law standards, this article shows the divergences and convergences between the two regional European legal orders. It also forwards concrete suggestions as to which EU rules might need to be modified.


Author(s):  
Sonia Harris-Short ◽  
Joanna Miles ◽  
Rob George

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic violence and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic violence. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic violence; the civil law and domestic violence; the Family Law Act (FLA) 1996, Part IV; enforcement of orders under the FLA 1996; third party action on behalf of victims, including the Crime and Security Act 2010; and integrating criminal, civil, and family proceedings.


Social Change ◽  
2020 ◽  
Vol 50 (2) ◽  
pp. 199-214
Author(s):  
Uma Chakravarti

In this article, I will examine the arc of violence that women in India have been historically subjected to, as well as new arenas in which violence is now manifesting itself. The focus is on four arenas in which violence against women, especially sexual violence, needs to be located as each of these have specific features that are associated with the manner in which impunity operates, thereby invisibilising violence, and the long road traversed by the women’s movement in challenging that violence. The four arenas are: first, the home where violence is enacted in the intimate sphere of the family; second, the streets and fields where caste and class power provide impunity to the perpetrators; third, villages and regions where communal and targetted violence have been enacted, often with administrative and state complicity, especially in recent decades; and fourth, the borderlands where impunity is sought to be derived from special laws that the security state has put into operation to control turbulent populations.


2015 ◽  
Vol 13 (1) ◽  
Author(s):  
Victoria P. Padilla

Life is certainly not a fairytale and in this kind of situation, “happily ever after” is not very common. These are the stories of five women-survivors of domestic violence who dreamed of having a happy family, but in the end, their dreams contradicted reality. This interpretivist qualitative study was designed to look into a deeper understanding of collective accounts of women-survivors of domestic violence. The narrative inquiry was employed using the in-depth interview method. The study revealed that these women experienced various forms of domestic violence and were caused by men’s bad habits, problems arising from the family, and jealousy of a man or a woman. Several strategies were employed by these women to improve their lives. This tough decision to free themselves from the abuse made them better individuals, developed a stronger bond with their children, and increased faith in God.   Keywords - Domestic Violence, Violence against Women, and Children, Survivors


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