Legislation to Practice: An Analysis of Domestic Violence Cases from Kerala’s Lower Courts

Social Change ◽  
2017 ◽  
Vol 47 (2) ◽  
pp. 230-242
Author(s):  
Arathi P.M. ◽  
Athira P.M.

The regulation of an intimate family relationship to control and prevent violence against women in the domestic space is analysed as an instance of interference by the state to regulate and monitor a hitherto ‘private’ space. This article explores to what extent can the interference of law help suppressed women to use law as a tool to change situations of familial violence and thereby enhance their capacity to engage with the ‘male space’ of courtrooms? The ‘result’ from the whole legal and judicial process may not give a solution to the ‘violence’ they have undergone but the courtroom and client counselling experience reveals that it does provoke the woman to think in terms of emancipation. The everyday practice of domestic violence law in the lower courts of Kozhikode (Calicut), Kerala has been analysed in this article.

Author(s):  
Kanika Kaul

Recent years have witnessed important changes in planning and budgetary processes in the country. The constitution of NITI Aayog in place of the Planning Commission, restructuring of the Union Budget following the Union Government’s acceptance of the 14th Finance Commission recommendations and measures undertaken for rationalisation of Centrally Sponsored Schemes have marked gender implications. They also have a bearing on public financing of government programmes in a range of sectors, including those meant to address violence against women. The analysis of schemes to address violence against women by state governments in Madhya Pradesh and Jharkhand presented in the chapter, reflects low priority towards the issue in the state budgets, indicating that the importance accorded to gender violence in policy discourse is yet to translate into budgetary priorities. The author concludes that budgetary dimensions of the state’s response to the issue require attention if we are to ensure a comprehensive response mechanism for women facing domestic violence.


2020 ◽  
Vol 14 (52) ◽  
pp. 621-632
Author(s):  
Ana Carolina De Araújo Tomé ◽  
Vinícius Efraym Siqueira Lopes Soares ◽  
Alcylanna Nunes Teixeira Santiago

Resumo: Por violência doméstica compreende-se qualquer ato que gere sofrimento (físico ou psicológico) e que seja cometido por familiares ou pessoas que residem juntos. Quando se fala nesse tipo de agressão, aparece no cenário a violência direcionada a mulher, a mesma é praticada, principalmente, por parceiros íntimos ou ex-companheiros motivados pelo sentimento de controle e posse sobre a vida da vítima. Desse modo, é objetivo desse estudo, conhecer o cenário da violência doméstica contra a mulher no Estado do Ceará. Para tal foi realizado levantamento de reportagens sobre a temática nos portais G1 e Diário do Nordeste. Usaram-se como critérios de inclusão as reportagens de que noticiam casos de violência doméstica e feminicídio no Estado do Ceará. Foram excluídas as reportagens onde o agressor não é companheiro ou ex-companheiro da vítima e as que trazem o companheiro ou ex-companheiro como suspeito do crime. A análise das informações encontradas aconteceu mediante a Análise de Conteúdo na perspectiva de Bardin. Os resultados obtidos foram divididos em eixos temáticas no intuito de melhorar a compreensão e organização do trabalho. Conclui-se com o estudo que o fenômeno da violência doméstica vem cada dia mais crescendo. Contudo, a visibilidade da mídia é imprescindível nesse cenário. 


2020 ◽  
Author(s):  
Shalu Nigam

COVID-19 is posing challenges larger challenges in terms of human rights including health rights of women and children. Since the mandatory lockdown has been imposed, violence against women is exponentially rising world over. Several countries have enacted special policies, laws and programs to deal with violence against women in homes. However, India which since the 90s has witnessed widening inequalities since the policy of Liberalization, Globalization and Privatization has been introduced, right now is again facing the disastrous impact due to coronavirus. The pandemic is making adverse gender impact in two ways – 1) Middle- or upper-class women facing abuse in homes during the lockdown and 2) Poor women who have no homes or are surviving in slums or those on the roads walking back home or those awaiting in villages for migrant men to come back. The National Commission for Women has reported a rise of 94 percent in complaint cases where women have been abused in their homes during lockdown. Also, another aspect that has not received attention is increasing number of cases where migrant women, along with men, are walking hundreds of miles, some in their advanced stage of pregnancy along with their children, without food. Some are being forced to deliver babies on the roadside while others are receiving the devastating news of migrant men being dead while walking on roads. Deprivation and denial of health and other services to women and children during the COVID crisis is aggravating the disaster. Therefore, almost half a billion women are at risk in India due to the pandemic. Yet, the state has not made any comprehensive COVID response plan to tackle these challenges. Neither any formal statement is being issued to declare domestic violence as an essential service nor plans have been made to support pregnant women workers walking hundreds of miles without food and water with their children. Rather, the state after 40 days of lockdown, while easing down the restrictions, opened the liquor shops as a first step. In doing so, earning revenue is prioritized over genuine serious concerns of women. This is despite of the fact that the women’s movement has shown evidences that consumption of liquor by men is proportional to an increase in incidences of abuse. This essay investigates the gaps in the state’s response in India to the increase in incidents of violence during the lockdown and argues that a robust comprehensive plan is required to address different aspects of violence women are facing in the largest democracy. The government cannot miss the chance to protect women from violence. In order to imagine a gender just violence-free world, the need is to impose the lockdown on the collective imagination that reiterate gender-stereotypical notions and to put the viruses of patriarchy and poverty in quarantine and isolation forever. By maintaining social distancing with the misogynist ideas and developing a plan to eliminate inequalities in all forms, gender justice and human rights could be achieved and the rights guaranteed under Article 14, 15, and 21 of the Constitution can be reclaimed.


2021 ◽  
pp. 1-14
Author(s):  
Maro Youssef ◽  
Sarah Yerkes

Abstract The Tunisian government, which is deeply divided, especially along ideological lines, responded to growing concerns over increased violence against women during the Coronavirus pandemic by establishing a new domestic violence shelter and 24/7 hotline. This article asks: Why did the state respond to gender-based violence(gbv) concerns during the Coronavirus pandemic in Tunisia, despite ideological and political divisions? We argue that the state addressed some concerns around violence during the pandemic because combatting gbv has bipartisan support in Tunisia. Tunisian Islamist and secularist women’s rights organizations succeeded in building a bipartisan coalition of support on this issue because they worked either together in a short-lived coalition or in tandem with similar goals over the past decade during the democratic transition in Tunisia. Building on the existing coalition literature, we show that feminist coalition formation before a pandemic has implications for feminists’ success in times of crisis.


Author(s):  
Peace A. Medie

This chapter mirrors the Liberian case in Chapter 3 by tracing the problem of violence against women in Côte d’Ivoire and the effect of the country’s 11-year conflict on this violence. As in Liberia, patriarchal gender norms were at the root of this violence and contributed to Ivoirian’s reluctance to turn to the state for help. It is, however, explains that while the Liberian conflict led to widespread sexual violence, the dynamics of the Ivoirian conflict resulted in sexual violence that was less widespread and was more concentrated in certain regions of the country. Nonetheless, this violence led to shifting attitudes, such that the reporting of domestic violence and rape increased after the conflict.


2021 ◽  
pp. 1-35
Author(s):  
Michele E. Commercio

Abstract How can we understand the signing of legislation targeting violence against women in postcommunist countries where women are electorally marginalized? Although women are underrepresented in Kyrgyzstan, the country's parliament has passed bride theft and domestic violence legislation. This article proposes a theory of transactional activism: in postcommunist countries where women are electorally marginalized, nongovernmental organizations (NGOs) can instigate legislative change if the state satisfies three necessary conditions permitting lateral links between NGOs working on behalf of women and vertical links between these nonstate actors and critical actors in parliament. The state must (1) establish a regulatory framework for NGO activity permitting the articulation and representation of women's interests; (2) demonstrate a rhetorical commitment to improving women's lives; and (3) facilitate the election to parliament of critical actors sympathetic to women's interests. In other words, women's substantive representation can occur without strong descriptive representation in the formal legislative arena if the state satisfies these conditions.


2018 ◽  
Vol 2 (1) ◽  
pp. 102-107
Author(s):  
Kaniz Tania Bint-E-Basar ◽  
Dewan Md. Al-Amin ◽  
Md. Mostofa

This paper examines Violence against women (VAW) takes place in different sectors in Bangladesh. There are various types of violence in our country i.e. physical, sexual, domestic violence, killing, rape etc. Socio-Economic aspect also plays a pivotal role in violence against women. There are some common features of VAW like polygamy, extra-marital or pre-marital relations, lack of social and economic security, lack of proper education and cybercrime. Unemployment is also one of the main reasons of VAW in Bangladesh. Prevention measures should be taken by family, society and also by the state machine to prevent VAW. Implementation of domestic laws of VAW and monitoring system and social awareness will be the effective measures to prevent this criminal activity from the society and from the state.


Author(s):  
Karen Vanderlei Macêdo

The central objective of this article is to analyze the International Responsibility of the Brazilian State in the case of violence against women, in particular, to the case that became emblematic in Brazil and outside it, which was the involvement of violence against Maria da Penha Maia Fernandes practiced by, today, her ex-husband. Here the reference is the case 12,051 (Maria da Penha Maia Fernandes v. Brazil), which was opened on August 20, 1998 by the Inter-American Commission on Human Rights of the Organization of American States (OAS). From the intersection between domestic violence committed against Maria da Penha Maia Fernandes and the Institute of International Responsibility, it was verified how the application of an international institute, through the Inter-American Commission on Human Rights of the Organization of American States (IACHR-OAS) influenced the creation of legislation that ensures women’s rights in the Brazilian State.


Author(s):  
Jon Schubert

This chapter looks at practices of situative kinship in everyday interactions between citizens and agents of the state, and the ideas of power and hierarchy expressed in these practices. This reveals the tensions between what people see as the real functioning of society, and their perspectives on how society should work. However, the idea of kinship an oppositional discourse must be complicated through the exploration of the everyday practice of mobilising cunhas (personal connections) for one’s own purposes. Exploring these cunhas — based on intimate knowledge of Luandan family networks — allows us to trace the multiple linkages between state and society, combine in the analysis social strata commonly studied separately, and complicate any overly simplistic notions of nepotism and corruption.


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