Voilence Against Women in India
VIOLENCE AGAINST WOMEN - IN INDIA
Introduction
This research paper introduces the discussion of legal responses to violence against women. It provides the context for the more detailed examination of those legal issues to which the courts can respond. Its objective is to show the many ways in which violence is relevant to legal disputes, even where it is not the direct issue and even though it is often ignored. First, it discusses examples of different legal remedies that have been, or might usefully be, invoked in cases in which violence is the central issue, the reason for bringing the legal action. The examples illustrate briefly the possible role of areas of law other than criminal or quasi-criminal law. The paper presents examples of cases where, while the legal issue before the court did not directly involve violence, the judgment reveals that it was an underlying factor in the case. In these examples violence was not a focus of the discussion in the case but it emerges clearly from the judgment.
Violence and the law
As it explains, violence by men against women is a longstanding problem and remains widespread. Until recently it was sanctioned by the law's indifference. While it may not be possible to envisage a complete and comprehensive legal response to violence, either by the Commonwealth or the State and Territories, the level of tolerance of it in different areas of the law needs to be examined and addressed. A brief reading of judicial decisions across a range of different legal issues shows that violence is quite often a part of the background or context of a legal dispute but it is either ignored or treated as irrelevant. This is not to say, however, that courts always ignore or miss the violence in cases involving domestic relationships when the case is not one legally classified as 'about violence'. Indeed, the cases discussed below indicate that courts can respond to male violence against women. However, it was obvious from the response of
Introduction
This research paper introduces the discussion of legal responses to violence against women. It provides the context for the more detailed examination of those legal issues to which the courts can respond. Its objective is to show the many ways in which violence is relevant to legal disputes, even where it is not the direct issue and even though it is often ignored. First, it discusses examples of different legal remedies that have been, or might usefully be, invoked in cases in which violence is the central issue, the reason for bringing the legal action. The examples illustrate briefly the possible role of areas of law other than criminal or quasi-criminal law. The paper presents examples of cases where, while the legal issue before the court did not directly involve violence, the judgment reveals that it was an underlying factor in the case. In these examples violence was not a focus of the discussion in the case but it emerges clearly from the judgment.
Violence and the law
As it explains, violence by men against women is a longstanding problem and remains widespread. Until recently it was sanctioned by the law's indifference. While it may not be possible to envisage a complete and comprehensive legal response to violence, either by the Commonwealth or the State and Territories, the level of tolerance of it in different areas of the law needs to be examined and addressed. A brief reading of judicial decisions across a range of different legal issues shows that violence is quite often a part of the background or context of a legal dispute but it is either ignored or treated as irrelevant. This is not to say, however, that courts always ignore or miss the violence in cases involving domestic relationships when the case is not one legally classified as 'about violence'. Indeed, the cases discussed below indicate that courts can respond to male violence against women. However, it was obvious from the response of