BILL JUSTIFYING BATTERY INTRODUCED ON WOMEN'S DAY

On 8th March 02, the Government of India (GOI) introduced the Prevention from Domestic Violence Bill No 13 of 2002 in the Lok Sabha.We welcome that the State has recognised the existence of the rampant "domestic violence" in our society.However, the GOI Bill in its present form is a retrograde piece of law.For instance, as per the GOI Bill:

• If a man beats his wife to protect himself, his or another's property, it is NOT domestic violence, This will be taken as part of his right to defend himself -section 4 (2)
• It is NOT domestic violence if it is not habitual and makes the woman's life miserable
• A woman who complains of domestic violence MUST undergo counselling

After extensive nation wide consultations, Lawyer's Collective, WRI had drafted a law that was shared with the GOI but the Bill introduced in the Parliament leaves much to be desired. Rejecting most of the suggestions of the WRI Bill as adopted by the women's movement, the GOI Bill does not provide for any remedy for victims of domestic violence. The GOI Bill in its present form will prove to be very dangerous in its implications for women who are victims of domestic violence.

All women's organizations strongly oppose the GOI Bill in its present form because it excludes the following non-negotiables on which there has been consensual agreement by all women's groups:

• Definition of domestic violence needs to capture women's experience of abuse and daily violence at home. It must include mental, sexual, and economic abuse. The definition in the GOI Bill in fact hides rather than reveals the true dimensions of domestic violence;
• Grant the right to reside in the "shared household" which is the most important right for victims of domestic violence, without which the present law will have no meaning for them;
• Empower judges to grant residence orders, orders restraining dispossession and mandatory repossession of the matrimonial home;
• Provide for emergency monetary relief, custody orders for her children to victims of violence on a emergency footing;
• Mandate for the monitoring and effective implementation of the law so that the law serves its intended purpose. No fund allocation is specified nor is there mention of a Coordinator for the prevention of domestic violence;
• Provide for periodic training of protection officers and law enforcement machineries and spell out mechanism for dissemination of information on the rights of the victims or duty of the state;
• Provides for mandatory counselling of the abuser and not the victim of domestic violence, which may not be in the interest of the victims.
• Vests jurisdiction in the Civil court to exclusively deal with domestic violence cases to avoid multiple litigation

We urge you sent in your protest and suggestion to the following

1. Hon'ble Minster for Law, Justice and Company Affairs, Mr. Arun Jaitley 401, A Wing. Shastri Bhawan, New Delhi - 110001, Fax No. +91 (11) 3384241
2. Hon'ble Minister for Human Resources Mr. Murli Manohar Joshi 301, C-Wing, Shastri Bhawan, New Delhi - 110001 Fax No. +91 (11) 3382365
3. Hon'ble Home Minister Mr L.K. Advani 104, North Block, New Delhi - 110001, Fax No. +91 (11) 3014221
4. Minister of State for Women Smt Sumitra Mahajan 251, A-Wing, Shastri Bhawan, New Delhi - 110001, Fax No. 3385618
5. Secretary Dr. A.V.V. Ayyer - department of Women and Child Development, Ministry of Human Resource Development , A Wing, Shastri Bhawan, New Delhi - 110001, Fax No. 3381857