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Law Project on Protection of Women from Domestic Violence

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Submitted By pomushukla89
Words 2664
Pages 11
Abstract
This commentary is on The Protection of Women from Domestic Violence Act, 2005. This Act being one of the first in this sphere has concretely dealt with the problem of domestic violence taking into consideration all the related laws and has attempted to reduce the numerous ancillary problems generally faced by such legislations (such as impractical provisions). This legislation is well placed in the Indian context and social scenario, clearly reflective of the mindset of the Indian men.
The commentary primarily looks into the provisions of this Act from the constitutional perspective – the Fundamental rights to be particular. The main aim of the commentary is to bring to light the numerous rights, most of which are constitutionally guaranteed, of women who are protected directly or indirectly by this Act. The all-encompassing nature of the legislation is elucidated among the other positive aspects of this law. The Act is thus a very vital piece of legislation from the feminist perspective of law. However one of the main and primary criticisms of the writers is that this Act intentionally or unintentionally neglects to address the issue of child abuse among male children. This persisting problem having been left without any such specific laws requires quick and immediate addressal.
Introduction
Domestic violence is sadly a reality in Indian society, a truism. In the Indian patriarchal setup, it became an acceptable practice to abuse women. There may be many reasons for the occurrence of domestic violence. From a feminist standpoint, it could be said that the occurrence of domestic violence against women arises out of the patriarchal setup, the stereotyping of gender roles, and the distribution of power, real or perceived, in society. Following such ideology, men are believed to be stronger than women and more powerful. They control women and their lives

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