According to Section-9 of the Protection of Women from Domestic Violence Act, 2005 (PWDVA), it is the duty of the Protection Officer to report the cases of domestic violence to the Magistrate upon receipt of complaints and to assist the Magistrate in the discharge of his functions. However, conviction of a person comes under purview of the Judiciary, who decides the matter after careful consideration of factual positions and all related aspects as per the provisions of the PWDVA. The PWDVA defines dowry harassment within the purview of domestic violence and provides remedies such as protection order, residence order etc. against it.
Time and again, one comes across disturbing news about the death of a woman over dowry. As has been correctly observed by the Supreme Court, offence of dowry death is a crime against society and a strong message must be sent that a person who commits such an offence shall be dealt with an iron hand.
The Apex Court said the legislative intent of incorporating Section 304 B (dowry death) of the Indian Penal Code was to curb the menace of dowry death with a firm hand.
In dealing with cases under Section 304 B, such legislative intent has to be kept in mind, it underlined.
Earlier the top Court observed that domestic violence in India is rampant and several women encounter violence in some form or the other or almost every day.
A woman resigns her fate to the never ending cycle of enduring violence and discrimination as a daughter, a sister, a wife, a mother, a partner or a single woman in her lifetime, the Court noted.
Many women, mostly young, become victims of domestic violence which refers to any abuse including physical, emotional, sexual, or financial between intimate partners, often living in the same household. The term is often used specifically to designate physical assaults upon women by their male partners. Domestic violence is widespread, deeply ingrained and has serious impacts on women’s health and well-being. This aspect is not restricted to this part of the globe but world over.
Given the stigmatised nature of the issue, women can be hesitant to report their experiences, they explained.
This is happening despite the fact the progress of any society depends on its ability to protect and promote the rights of its women.
Society in general must rise to the occasion and ensure home to be safe and not a place which puts lives at risk.
