The constitution of India is a basic document that has empowered the women empowerment within the framework of the plenary provisions of Articles 14, 15(3), 21, 39(a), 51A(e) and preamble.  The courts always try to interpret the cases which are detrimental to women within the arena of social justice with these Articles.  The United Nations Fourth World Conference on Women Beijing, china, September 1995 in it’s strategic objective of the Action for equality, Development And peace insists all the  nations to “Promote an active and visible policy of mainstreaming a gender perspective in all policies and programmes related to violence against women, actively encourage, support and implement measures and programmes aimed at increasing the knowledge and understanding of the causes, consequences and mechanisms of violence against women among those responsible for implementing these policies, such as law enforcement officers, police personnel and judicial, medical and social workers and develop strategies to ensure that the revictimization of women victims does not occur because of gender – insensitive laws or judicial or enforcement practices”

            The preamble of the Convention of the Elimination of All Forms of Discrimination Against Women (CEDAW), 1981 insists that “the full and complete development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all fields”.  It is an established fact that women represent the very kernel of the human society around which social change must take place.  We have a Constitution which guarantees justice, social, economic and political.  Article 14 confers on men and women equal rights and opportunities in the political, economic and social spheres.  Article 15 prohibits discrimination against any citizen on the grounds of religion, race caste, sex etc.  Article 15(3) makes a special provision enabling the state to make affirmative discriminations in favour of women. Similarly, Article 16 provides for equality of opportunities in matter of public appointments for all citizens.  Article 39(a) lays dowm that the state shall direct its policy towards recurring all citizens, men and women equally, the right to means of livelihood, while Article 42  directs the state to make provision for ensuring just and humane conditions of work and maternity relief.  Above all, the Constitution  imposes a fundamental duty on every citizen through Article 51A(e) to renounce the practices derogatory to the dignity of women.  Inspite of our constitution embedded with remarkable prowomen provisions of law, yet we have miles to go… to achieve the goals enshrined in the Constitution.  Neither the various women-specific and women-related legislations enacted in tune with the rules of law proupounded by the Constitution nor the various implementing agencies of these laws could protect women against discrimination, violence and atrocities completely, rather, playing a pivotal role in being a temporary deterrent as against these evils.  So the need of the day is to awakening the collective consciousness of our society.  Change of heart and attitude is what is needed.  Here it is apt to quote Justice (Dr)A.S.Anand : “The fight for justice by females or cry for gender equality is not a fight against men.  It is a fight against traditions that have chained them-a fight against attitude that are ingrained in the society, it is a fight against the proverbial Lakshman Rekha which is different for men and different for women.  Men must rise to the occasion.  They must recognize and accept the fact that women are equal partners in life.  They are individuals who have their own identity”.  The serious of all the crimes against women is Domestic violence.

            The Vienna Accord of 1994 and the Beijing Declaration and the platform for Action (1995) have acknowledged that domestic violence is undoubtedly a human rights issue.  The state should act to project women against violence of any kind, especially that occurs within the family.  The phenomenon of domestic violence is widely prevalent but has remained largely invisible in the public domain.  The civil law does not address this phenomenon in its entirety.  Until 2005, where a women is subjected to cruelty by her husband or his relatives, it is an offence under section 498A of the Indian Penal Code.  For the purpose of providing a remedy in the civil law for the protection of women from being victims of domestic violence and to prevent the occurance of domestic violence and to prevent the occurance of domestic violence in the society, the protection of Women from Domestic violence Bill was introduced in the Parliament.  This came up in the wake of the grave increase in the incidence of crime against women at home which is considered as the safest of all the places for women.

            The incidence of crime committed against women during 2005 explores a poignant reality.  In the year 2005 all over the nation, 18,384 rapes,3204 dowry harassment cases, 6787 dowry deaths, 58,319 domestic violence cases have been recorded.  Of the 18384 rapes, the number of  offenders who were parents or dose family members are 750, the offenders who were relatives being 1030 and neighbours being 5521.  Whenever the existing laws proves futile to be deterrent in it’s inhibition, enactment of new laws becomes inevitable.  It is therefore, proposed to enact a law keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution to provide for a remedy under civil law which is intended to project the women from being victims of domestic violence and to prevent the occurance of domestic violence in the society.  The protection of Women from Domestic Violence, 2005 having been passed by the Lok Sabha on 24^th August, 2005 and by Rajya Sabha on 29^th August 2005 received the assent of the President of India on 13^th September 2005 and came on the Statute Book as The Protection Of Women From Domestic Violence Act 2005 (43 of 2005).  The Preamble of the act speaks thus, “An Act to provide for more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto” For the more effective protection of the rights of women who are victims of domestic violence, this act should be understood in it’s very constitution, and perspective by the implementing agencies such as law enforcement officers, police personnel and judicial, medical and social workers.  The responsibility of the fourth estate is more significant.  The act should be understood from the context of Indian women’s life and commitment to family system.  The problems of the battered women of the shattered families should be dealt with the sensitivity of amalgamating the broken attitudes within the family thereby assuring a safe and legal residence utilizing the strengths assured by sections 18 and 19 of this Act.

Section 18 of this provides that the Magistrate may, after giving the aggrieved person and respondent an opportunity of being heard and on being primafacie satisfied that domestic violence has taken place or is likely to take place, may pass a protection order in favour of the aggrieved person.  A protection order may contain an order prohibiting the respondent from committing any act of domestic violence or aiding or abetting therein, entering the place of employment of the aggrieved person or if the person or attempting to communicate in any form what solver with the aggrieved person without the leave of the Magistrate, alienating any assets, operating bank lockers or bank accounts belonging to both the parties jointly or separately by them, causing violence to the dependents, other relatives or any person giving the aggrieved person assistance from domestic violence or committing any other act as specified in the protection order.

Section 19 of this Act provides that the Magistrate may on being satisfied that domestic violence has taken place pass a residence order restraining the respondent from disposing or disturbing the possession of the aggrieved person from the shared household directing the respondent to remove him self from the shared household, restrung  the respondent or his relatives from entering the share household restraining, the respondent from alienating or disposing of or encumbering the shared household, restraining the respondent from renouncing his rights in the shared household except with the leave of the magistrate or directing the respondent to secure alternate accommodation for the aggrieved person of the same level as enjoyed by her in the shared household or to pay rent for the same.

            For the first time in the legal history of India, this act guarantees right of a women to reside in a shared household in actual terms Section 17 of this Act insists that every women in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.  The Supreme Court has held in S.R.Batra-Vs-Smt.  Taruna Batra (AIR 2007 SC 1118) that, “As regards Section 17(1) of the Protection of Women from Domestic Violence Act,2005 the wife is only entitled to claim a right to residence in a shared household would only mean the house belonging to or taken on rent by the husband or the house which belongs to the joint family of which the husband is a member”.

            Regarding the procedure for obtaining orders of relief as for as an application made under section 12 of this Act, the magistrate shall endeavour to dispose of every application within a period of sixty days from the date of its first hearing According to section 13 which promulgates the procedure on service of notice, “A notice of the date of hearing fixed under section 12 shall be directed by the Magistrate within a maximum period of two days from the date of its receipt”.  Thus protection of women from Domestic Violence Act 2005 is a very comprehensive statute with the objective of gender sensitizing each and every instrument of our implementing agencies.  Revictimization of women victims can be checked by the effective implementation of this act.

            Here it is apt to quote Justice Krishna Iyer’s Law and Life that, “The fight is not for women’s status but for human worth.  The claim is not to end inequality of women but to restore universal justice.  The bid is not for loaves and fishes for the forsaken gender but for comic harmony which never comes till woman comes”.

The society must recognize and accept the fact that women are equal partners in life who have their own identity.  The glamorized role of women in this society should be neutralized.  Change must emanate from men and women so that the collective consciousness of both men and women in life should be awakened.  The protection of women from Domestic Violence Act 2005 could reap the positive fruits of its enactment only when the relative issues are approached with more gender sensitiveness in the context of Indian family life.  In short this Act is not a sword in the hands of battered women to fight against men, but a shield in their hands to protect themselves from the grave odds of a shattering family thereby protecting and preserving the basic unit of society that is    the family from being shattered.