Group discussions during training on women's rights legislation. Credit: Peace and Equality Cell
As women’s groups in India celebrate the 10th anniversary of a historic and monumental achievement in India – the coming into force in 2006 of a comprehensive law on domestic violence, the Protection of Women From Domestic Violence Act (PWDVA) – we reflect on the roadblocks encountered in three key areas: functioning of protection officers; provision of shelters and counselling; and the workings of the lower Judiciary. The passing of the Act was the culmination of a long campaign by the women’s movement, starting in the 1990s, demanding a civil law to address the multiple forms of violence affecting women in their homes. The first bill was drawn up by the Lawyers Collective (LC) in 1992 and widely disseminated and discussed in public forums for 13 years. When UPA (United Progressive Alliance) came to power in 2005, it put the bill before the legislature and the PWDVA was passed.
PWDVA is a mixture of civil and criminal law aiming to secure a range of remedies quickly for women suffering domestic violence from one court, as opposed to having to run to various different courts and importantly without having to file criminal cases against husbands or other close family members. Women needed civil remedies such as protection orders and residence orders that gave them some scope to renegotiate the extremely unequal and often abusive terms of the relationship, so that they could continue to live either without violence in their homes or live separately with assurance of safety and financial security provided by maintenance orders.
