A Research on Domestic Violence Act
rajni
(http://www.psmalik.com/a-research-on-dva.html)
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 meanan 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 aboutWomen 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”.
I have offered both of them a questionnaire, certainly with individual
questions to be answered. Their answers will guide the way for a first
authenticated set of data of the persons concerned.
A copy of this research work will be submitted to the Hon'ble Speaker
of Lok Sabha and the Hon'ble Chief Justice of India as well as the
Hon'ble chief Justices of various High Courts including the Hon'ble
High Court of Delhi.
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