According to a recent report by the National Commission for Women, domestic violence complaints doubled during the first month of lockdown. The National Crime Records Bureau's 2018 figures of the NCRB also show that 579 cases were registered during the whole year under The Protection of Women from Domestic Violence Act 2005. The National Commission for Women also facilitated women to complain to WhatsApp during the lockdown, which made it somewhat easier for them to complain.
This technology-based facility introduced due to lockdown should be implemented forever so that it becomes easier for women to report any crime against them. Taking a similar step to the judiciary, at least women's complaints should be heard online.
Here the question arises that will all the problems be solved only by easing the complaint and the court process? We also have to see why suddenly the Indian family is moving towards the path of rapid disintegration.
The answer is rapid urbanization and the practice of its lonely family. Indeed, the desire for personal ambitions and achievements is at the peak in which the joint family is left behind today. Most people today do not like to live in a joint family format. In such a situation, the form of a family is shrinking day by day.
The free time between husband, wife and children, estrangement, quarrels and kinship linking happiness have broken, leaving Indian families rapidly disintegrated. Nearly a decade ago in India, where there was a divorce in a thousand, this figure has been 15 per thousand. We need to rethink the new equations the family is creating in the Indian environment.
On the other hand, at the root of the disintegration of Indian families, there is also the change of special legal provisions made for the protection of women in the fight for the domination of men of two families.
This can be gauged from the National Crime Records Bureau's data for the year 2018 that less than ten thousand cases were registered in the Dowry Prevention Act, which applies equally to women and men, whereas only women More than a million cases were registered in IPC 498A related to demand and harassment of dowry for women, i.e. less than 10 percent of cases related to dowry-related gender-neutral dowry law, as compared to law 498A IPC in favor of women. were done. These figures make us think on the issue related to gender between the laws of the two.
Similarly, the provisions of the Domestic Violence Act 2005 are only for the protection of women. That is, the law of our country is assuming that domestic violence is sexual, that is, a man can commit domestic violence against a woman, but not a woman.
According to the Domestic Violence Act, any kind of physical, mental, harassment or bad behavior, abuse, insult etc. come under the scope of domestic violence, then how can Indian law say that only men can do this work indoors It is not possible for women, whereas the Hindu Marriage Act of the Government of India has defined these same acts as cruelty, on the basis of which both husband and wife can get divorced. How can law discriminate in this way?
In this way, domestic violence law discriminates against gender as well as on the basis that the woman who has been accused of discrimination relates to the husband or wife in the female relationship.
It is a big joke that the same girl or woman can commit domestic violence or cruelty when she is a relative of a husband, but when she is a wife, she cannot commit cruelty or violence. How can it form the basis of a person committing domestic violence or cruelty on the basis of gender, kinship class or marital status? In this way domestic violence laws are dangerously not only against gender equality but are also gender discriminatory.
The Constitution provides for special provision and protection for the development and upliftment of women, but the right to make laws that do not punish a man for the same crime but for the same crime Can not be.
The Indian Constitution does not allow gender discrimination in punishment for similar offenses. Apart from this, there are many different aspects of this problem, which we also have to think about, otherwise, the day is not far when the concept of family will change completely.