‘You don’t have the right to hit anyone’: Domestic violence in Othello and Omkara

2021 ◽  
Vol 5 (1) ◽  
pp. 103-113 ◽  
Author(s):  
Kelsey Ridge
Keyword(s):  
Domestic Violence ◽  
The Right

Alongside the infamous jealousy of Shakespeare’s Othello lies the domestic violence that brings the play to its dark conclusion. Vishal Bhardwaj’s 2006 Bollywood adaptation, Omkara, involves the same issues. The domestic violence, however, is present in different forms. It is a prominent part of Desdemona’s plot arc and an important element of Emilia’s backstory. Dolly’s experience mirrors that of Desdemona. However, Indu’s relationship with Langda is quite different from Emilia’s relationship with Iago. These alterations lead Indu and Langda, though not Dolly and Omkara, to different outcomes from their Shakespearean counterparts. This article contrasts the depiction of domestic violence in Othello and Omkara and examines what is gained through the change in the appropriation.

scholarly journals RESTORATIVE JUSTICE SEBAGAI ALTERNATIF PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA

2009 ◽  
Vol 39 (2) ◽  
pp. 238
Author(s):  
Rena Yulia
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Violent Crime ◽  
Justice System ◽  
Legal Protection ◽  
The Right

AbstractThe victim of domestic violence had needed of protection concept thatdifferent with another victim of violent crime. Participation of victim haswant to give justice for all. It is, because punishment to offender brings theimpact for victim. Restorative justice is a concept in criminal justice systemwhich is participation victim with it. The present of criminal justice system isthe offender oriented. Victim has not position to considerate offenderpunishment. Only offender can get the right and the victim hopeless. In thedomestic violence, victim and offender have relationship. Because there area family. · So, probability they have some interest in economic and relation.When wife become a victim and husband as offender, his wife hasdependency economic from her husband. It means, if husband get a decisionfrom judge, his wife will be suffer. Domestic violence is different crime. So, itis necessQ/y to made some different concept. In this article, will discussedabout alternative of legal protection for victim of domestic violence incriminal justice system to protect the victim

REGARDING THE REGULATORY REGULATION OF TERMS AND PROCEDURE FOR ADMINISTRATIVE DETENTION OF OFFENSERS FOR DOMESTIC VIOLENCE

2021 ◽  
Vol 2 (2) ◽  
pp. 161-167
Author(s):  
Andrіy Shulha ◽  
◽  
Olha Peresada ◽  
Tetyana Khailova ◽  
◽  
...  
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Physical Nature ◽  
Law Enforcement Officers ◽  
The One ◽  
Administrative Proceedings ◽  
The Right ◽  
National Police ◽  
Current Code ◽  
Administrative Detention

The article deals with the issue of normative regulation of the terms and procedure of administrative detention of offenders committed domestic violence in order to justify increasing the detention period for domestic brawlers for more than three hours. It is proposed to supplement Article 263 of the Code of Ukraine on Administrative Offenses with the fourth part of the following content: “Persons who have committed domestic violence, i.e. the intentional commission of any act of a physical nature (use of violence that did not cause bodily harm; threats; insults or persecution; deprivation of housing, food, clothing, other property or funds that belongs to the victim, who has the right on it guaranteed by law, et.) must be detained for up to 72 hours for referral to trial if the physical or mental health of the victim was damaged or could be damaged. This applies to cases if the urgent injunction was not executed by the person in respect of whom the order was issued or if person did not notify the authorized units of the National Police of Ukraine of the place of his/her temporary stay”. It was proposed to detain domestic rowdies after administrative detention in special rooms for arrestees. The proposal of legal scholars and law enforcement officers regarding the possibility of administrative proceedings without the obligatory presence of a person who was brought to administrative responsibility for committing domestic violence has been also supported. This provision of the current Code of Ukraine on Administrative Offenses already in its content has certain precedents for increasing the term of compulsory detention of a detained person for committing certain administrative offenses. Thus, there is a certain procedural precedent, which makes it possible to increase the terms of administrative detention for other administrative offenses, which in their content have more significant harmful consequences for society, such as Article 10 of this Code. Thus, among the administrative offenses, such as those listed in paragraph 1 of part 2 of Article 262 of the Code of Administrative Offenses of Ukraine, for which administrative detention is provided for no more than three hours, domestic violence is the one that, on our opinion, has the most serious harmful consequences for society.

scholarly journals Legal duties, professional obligations or notional guidelines? Screening, treatment and referral of domestic violence cases in primary health care settings in South Africa

2018 ◽  
Vol 10 (1) ◽  
Author(s):  
Lillian Artz ◽  
Talia Meer ◽  
Gray Aschman
Keyword(s):  
South Africa ◽  
Health Care ◽  
Domestic Violence ◽  
Ad Hoc ◽  
Service Providers ◽  
Natural Extension ◽  
Psychosocial Care ◽  
International Treaties ◽  
Screening Guidelines ◽  
The Right

Background: Since 2013, approximately 4400 women have been murdered by their partners in South Africa. This is five times higher than the per capita global average. Domestic violence is known to be cyclical, endemic and frequently involves multiple victims. It also becomes progressively more dangerous over time and may lead to fatalities. In 2012, the Health Professions Council of South Africa released a domestic violence protocol for emergency service providers. This protocol, or screening guidelines, includes assessing future risk to domestic violence, providing physical and psychosocial care, documentation of evidence of abuse and informing patients of their rights and the services available to them. The extent to which these guidelines have been circulated and implemented, particularly by general health care practitioners (HCPs), is unknown.Aim: We review international treaties to which South Africa is a signatory, as well as national legislation and policies that reinforce the right to care for victims of domestic violence, to delineate the implication of these laws and policies for HCPs.Method: We reviewed literature and analysed national and international legislation and policies.Results: The ‘norms’ contained in existing guidelines and currently practiced in an ad hoc manner are not only compatible with existing statutory duties of HCPs but are in fact a natural extension of them.Conclusion: Proactive interventions such as the use of guidelines for working with victims of domestic violence enable suspected cases of domestic violence to be systematically identified, appropriately managed, properly referred, and should be adopted by all South African HCPs.

scholarly journals EXERCISE OF THE RIGHT TO A FAIR TRIAL IN CASES RELATED TO DOMESTIC VIOLENCE

2020 ◽  
pp. 44-54
Author(s):  
Liudmyla Golovko ◽  
◽  
Viktor Ladychenko ◽  
Olena Gulaс ◽  
◽  
...  
Keyword(s):  
Domestic Violence ◽  
Police Officers ◽  
Comparative Method ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Functional Method ◽  
Fair Trial ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
The Right

The purpose of the article is to investigate the effectiveness of Ukrainian legislation in the fieldof combating domestic violence, as well as the implementation of the right to a fair trial in casesinvolving domestic violence. The following methods were used in the study: analysis and synthesis,system-functional method, comparative method. Results. The article analyzes the legislation ofUkraine in the field of prevention and counteraction to domestic violence, lists both its advantagesand disadvantages, reveals measures in the field of prevention and counteraction to domesticviolence, responsibility for domestic violence, the main directions of state policy in the field ofprevention and counteraction to domestic violence, types of domestic violence. Legal regulation of judicial protection for victims of domestic violence has been studied. Judicial practice in casesrelated to domestic violence was considered. Problems of exercising the right to a fair trial inUkraine in cases related to domestic violence were revealed. Conclusions. Undoubtedly, theadoption of the Law of Ukraine “On Prevention and Counteraction to Domestic Violence”, theintroduction of criminal liability for domestic violence and amendments to a number of regulationsto address domestic violence is a positive step in combating such a negative phenomenon asdomestic violence. At the same time, a significant number of issues remain unresolved. This isespecially true for the resolution of cases of domestic violence and the exercise of the right to afair trial in cases of domestic violence, as well as for the enforcement of court decisions on theissuance of restrictive orders. The need to develop a form for assessing the risks of recurrenceof domestic violence has been demonstrated, as has been done for police officers during theessessment of the need to issue an emergency injunction. The need to enshrine at the legislativelevel what is the preventive work of police officers with the offender and how it is carried outwas proved, because without proper regulation of this issue, this type of special measure tocombat domestic violence is declarative and not applied in practice. In addition, the problem ofrefusal of public and private executive services to enforce court decisions on the establishmentof restrictive measures is pointed out, which also requires legislative regulation. The need tostrengthen the position of the victim of domestic violence by giving her/him the opportunity toclaim compensation for non-pecuniary damage in criminal proceedings was noted.

scholarly journals The Powers of the Court in terms of Section 7(2) of the Domestic Violence Act 116 of 1998: KS v AM 2018 (1) SACR 240 (GJ)

Obiter ◽  
2019 ◽  
Vol 40 (3) ◽  
Author(s):  
Moffat Maitele Ndou
Keyword(s):  
South Africa ◽  
Domestic Violence ◽  
Well Being ◽  
International Human Rights Law ◽  
Rights Of The Child ◽  
Legal Remedy ◽  
Wide Range ◽  
The Republic ◽  
Definition Of ◽  
The Right

The preamble of the Domestic Violence Act (116 of 1998) (DVA) recognises that domestic violence is a serious social evil and that there are high incidences of domestic violence in South Africa. The preamble further recognises that:a) victims of domestic violence are among the most vulnerable members of society;b) domestic violence takes many forms and may be committed in a wide range of domestic relationships; andc) the remedies previously available to victims of domestic violence have proved to be ineffective.The Constitution of the Republic of South Africa, 1996 (the Constitution) provides various rights that are also applicable to victims of domestic violence. The Constitution guarantees the right to dignity and to freedom and security of the person (see ss 10 and 12 of the Constitution respectively). Domestic violence against any person is a violation of these rights. The DVA further recognises that South Africa has international commitments to end violence against women and children in terms of the United Nations Convention on the Elimination of all Forms of Discrimination against Women and the Convention on the Rights of the Child. A right not to be subjected to domestic violence may not be specifically mentioned in international human rights law instruments, but freedom from all kinds of violence and the right to equality and human dignity is generally emphasised.The purpose of the DVA is to provide a legal remedy in the form of an interdict that prohibits a person from violating the rights of the complainant. In order to give effect to this purpose, section 7(1) of the DVA provides that the court may grant a protection order to protect the rights of the complainant. Section 7(2) of the DVA further grants the court the power to impose any additional conditions that it deems reasonably necessary to protect and provide for the safety, health or well-being of the complainant.In KS v AM (2018 (1) SACR 240 (GJ)), the court found that section 7(2) of the DVA empowered the court to order the seizure of the respondent’s digital equipment to remove any photograph, video, audio and/or records relating to the complainant. This case note examines the decision in KS v AM (supra) and determines whether the decision is justifiable in law. The definition of domestic violence is discussed first and thereafter the remedies available in terms of the DVA are examined. A discussion of the judgment in KS v AM (supra) follows.

scholarly journals Domestic Violence against Women in Turkey, What Did Women Say?

2016 ◽  
Vol 1 (1) ◽  
Keyword(s):  
Domestic Violence ◽  
Violence Prevention ◽  
Sexual Violence ◽  
Violence Against Women ◽  
Physical Violence ◽  
Small Scale ◽  
Economic Problems ◽  
Desire To Have Children ◽  
The Family ◽  
The Right

The present study presents the findings about domestic violence women experienced by their husbands in 2015 in Turkey. A total of 50 women between the ages of 18 and 50 participated in the study. They answered the questions about physical, psychological, and sexual violence which they experienced by their husbands, on social media. The findings of the study have shown that all participants have been exposed to physical, psychological or sexual violence at least once. Various risk factors related to violence against women have attracted attention: alcohol; the idea of that men have the right to control women; men’s excessive instinct of aggression; insufficiency emotion that the men contain within their personality (men’s excessive instinct of inferiority); insufficient education intended for avoiding violence during the school years and in family and the perception of violence as a sign of male superiority. However, women have explained their reasons to accept violence as their lack of economic freedom and the family’s economic problems, their desire to have children and to maintain the integrity of the family by following the customs and traditions. It has been observed that women react to violence by responding to their husbands with physical violence, leaving the environment, trying to forget the violence by concentrating on different activities and accepting violence. The data of the study revealed that none of the women who are subjected to violence have reported violence and thought to get help from any official institutions. The necessity of violence prevention policies, the importance of early intervention of harassment and violence experienced in childhood and educations about violence have been discussed. The data collected in the present study is intended to contribute to the studies conducted to prevent violence against women and to create a positive change even if on a small scale.

5. Family Property and Domestic Violence

2016 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Domestic Violence ◽  
Family Law ◽  
Real Property ◽  
The Family ◽  
Questions And Answers ◽  
Family Home ◽  
The Right

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter focuses on family property and domestic violence, which may not appear to be related, but the right to occupy real property by virtue of a legal or beneficial interest affects the right to apply for an occupation order in domestic violence situations. In addition, occupation orders are used to resolve disputes relating to the right to occupy real property in situations where there is no domestic violence. The first two questions consider ownership of family property, with emphasis on the family home, whilst the last two questions concern protection from domestic violence and focus on non-molestation and occupation orders available under the Family Law Act 1996.

PROTECTION ORDER: INTERNATIONALSTANDARDS, FOREIGN EXPERIENCE AND NATIONAL PRACTICE

2021 ◽  
Vol 6 (2) ◽  
pp. 89-98
Author(s):  
Firuza Khamdamova ◽  
Keyword(s):  
Domestic Violence ◽  
Protective Order ◽  
Foreign Experience ◽  
Restraining Order ◽  
Foreign Countries ◽  
Protective Orders ◽  
The Right ◽  
Protection Order ◽  
National Practice

The article is devoted to the experience of using a protection order to protect victims of domestic or domestic violence. The article provides an overview of relevant international documents, considers the experience of a number of foreign countries, as well as the experience of Uzbekistan. The article notes that along with the concept of "protection order", there are the concepts of "restrainingorder", "protective order", "injunction", "restraining order", etc. In the practice of foreign countries, as a rule, there are 2 types of protective orders -issued for a shorter period (by the police) and for a longer period (by the court). In parallel with the protection order procedure, the victim has the right to apply to the court for compensation and prosecution of the aggressor

"Until People Are Given the Right to Be Human Again": Voices of American Indian Men on Domestic Violence and Traditional Cultural Values

2013 ◽  
Vol 37 (4) ◽  
pp. 25-52 ◽  
Author(s):  
Arieahn Matamonasa-Bennett
Keyword(s):  
Domestic Violence ◽  
Qualitative Study ◽  
Cultural Identity ◽  
American Indian ◽  
Cultural Values ◽  
Social Problem ◽  
Cultural Context ◽  
Intervention Strategies ◽  
Indian Men ◽  
The Right

Domestic violence is a serious social problem in contemporary American Indian communities and research is critical to create and evaluate prevention and intervention strategies. This small qualitative study sought to discover the ways in which men from a single reservation community with histories of domestic violence define and perceive domestic violence within the cultural context. The narratives held themes of intergenerational family violence and dysfunction, alcoholism, racism, isolation, deep grief, and remorse. Each of the narratives also revealed themes of healing and hope through connecting with elders, learning spiritual traditions and strengthening cultural identity as a means for achieving sobriety and lives of nonviolence.

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