In India, domestic violence has been a criminal offence under the Indian
Penal Code since 1983, but this section does not give a wide definition to
domestic violence. The efforts to draft a new civil law on Domestic Violence
started sometime in 1999. A draft legislation was prepared by Lawyers
Collective with nationwide consultations with women's groups from all over
the country and this Bill aims to provide combined civil and criminal law
remedies for a co-ordinated approach to the problem of domestic violence.
Some of the salient features of this draft legislation, which has borrowed
heavily from the South African law, and the UN Model law are:

1. a broad definition of domestic violence to include not only physical and
mental abuse but also verbal, sexual and economic violence,
2. the woman's right to reside in the shared household. In the Indian
scenario, this is most crucial, since women do not have property rights
under other personal laws.
3. granting of interim and ex-parte protection orders,
4. training programmes for police officers, protection officers, judges, etc.

Presently however, the Indian government has taken this draft legislation
and presented a new version of it which is currently introduced in the
Parliament and may be passed very soon.

For all those who are interested, I can email copies of the draft
legislation,

Jayna Kothari
(Lawyers Collective)



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