Wednesday, December 30, 2009

A Research on Domestic Violence Act

A Research on Domestic Violence Act  

In a live society there are always conflicting interests. More live a society is more conflicting the relations amongst its members would be. The logic is simple. The society is going to attain a new destination and the positions of the members inter alia (amongst them) would also be redefined and future gains of the members would depend on their new positions. According to this logic each constituent of a society is always in a conflicting mode with others. This conflict is merely a conflict of interests and it does not mean an enmity.

Independent Indian society has witnessed a lot of similar conflicts of interests. One such area of conflicts has been the home of this society. The basic structure of the ‘Home’ has also seen a shift in its appearance. An Indian home was basically conceived on The Principle of Division of Labor.

Traditionally the husband was given a duty to provide the resources from outside and the wife was supposed to ‘Build a Home’ with those resources. It was a home in which the next generation was nurtured ‘Homely’ by the wife in the capacity of a mother. Husband, now father was to show torch to that ‘Next Generation’ after it had attained a particular level of maturity, which sometimes varied or on other times lost its very peculiarities.

With the spread of western education a new value system was inculcated in the Indian society. Women started coming out of the ‘Home’ and earning in equality with men. The age-old ‘Labor – Division’ of Indian Home was thwarted. It is not the objective here to count the merits or demerits of such a new value system but what it did, certainly it blurred the traditional roles of men and women in the society and also in the ‘Home’.

Now both men and women started working in the same sphere and with an axiom of political equality their relations were soon started being regulated under the shadow of State Authority i.e. the Law. Laws were legislated and implemented. Men alleged that these laws placed them at an adverse position while women claimed that they were socio-historically placed adversely in the traditional ‘Marriage System’ and the laws just tried to emancipate them from that adversity.

And the debates went on. They still keep going on. One side leads one argument and the other not only counters it but further leads a more weighty argument.

To resolve a dispute, the best way is to involve all those who are affected by that dispute. As without their affirmative involvement and contribution it will always be difficult to approach a solution suitable to everyone’s need and expectations. That’s why this research was conceived about Women in general, contend that they have been adversely placed in socio-historic set up and now they need special legal protection to come to level of equality with men. On the other hand men say that if women argue for an equal status then they should not be equipped with “Legal Biases” against men. They contend that they are being plundered in a “Legal Disguise”.


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Shreyas Malik

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