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An Empirical Study on the Existing Legal Framework against Domestic Violence in India with Special Reference to Chennai

Gayathri M    

Resumen

Domestic violence Violence against women has become an important topic for discussion in India in recent years. Politicians and media have placed a great attention on the issue due to continuously increasing trends of violence against women. Domestic violence (also named as domestic abuse, family violence) is a pattern of behaviour. This involves violence or abuse by one person against another in a domestic setting [1]. According to a national family and health survey in 2005, total lifetime prevalence of domestic violence was 33.55 and 8.5% for sexual violence among women aged 15-49. 65% of Indian men believe women should tolerate violence in order to keep the family together, and women sometimes deserve to be beaten. Domestic violence can take place in number of forms including physical, verbal, emotional, economic, religious aspects. Domestic violence murders including stoning, bride burning, Honor killings and dowry deaths. Globally, the victims of Domestic violence are overwhelmingly women and women tend to experience more severe forms of violence. The Protection of women from Domestic Violence Act 2005 is an Act of parliament of India enacted to protect women from Domestic Violence [2]. The act of domestic violence towards women is a human rights violation as well as an illegal act under Indian law. The Domestic Violence Act of 2005 has been used to prosecute domestic violence cases, but activist?s state that it discriminates against men. The Delhi high court clarified that the Act could be used to prosecute women. Our Indian constitution defines violence against women as any act of gender-based violence that result in physical, sexual or mental harm or suffering to women [3]. Domestic violence occurs daily in homes throughout the world. The National Coalition against Domestic violence reports that 1.3 million women are victims of domestic abuse each year. The four causes of Domestic Violence to persist in India. They are Male dominated society, Lack of Awareness of laws, Laxity in implementation of existing Acts, Bureaucracy and Fear.

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