Women empowered… really?

by Padma Venkataraman

Touted as “landmark” pro-women legislation, the Protection of Women Against Domestic Violence Act, 2005 seeks to address issues linked to status of women within their homes that often gets pushed under the carpet. What is the situation now, after two years of its implementation? Are women coming out with their problems or are they still nestled in their shells of social taboo?

For too long now, women have accepted it as their destiny or just acquiescence their denial to the right to raise their voice, perhaps, because of the justice system or the lack of it or because they are vulnerable, scared of being ostracized by their own relatives because domestic violence still remains a taboo for most women who suffer from it or for other reasons best known to them. But not any more! The domestic violence act, 2005 is here to protect the rights of women and empower them on the domestic front, says Geeta Mahajan, of the National Federation of Indian Women, which handles about 15 new cases every month, up from about 10 five years ago.

For 25 years women’s rights advocates have been campaigning against violence against women. They have succeeded in changing the law, changing the stand of the judiciary. But have they succeeded in changing social attitudes, asks Flavia Agnes, lawyer and noted activist. “This violence is so endemic that it stretches across regions, communities and classes. Already, statistics collated by the Department of Women and Children indicate that domestic violence figures are spiralling at 40% per year. In that sense, good that there is a law protecting women in place. Seven lakh complaints are expected to be registered in 2006-07 alone under the Domestic Violence Act,” she reasons.

The public often relate domestic violence with dowry. “The slogan was, ‘Don’t give dowry, don’t take dowry’. But we didn’t question that if this girl doesn’t get dowry, what does she actually get when the patriarchal biases of the family still operate so strongly? So first the girl was to be married off with dowry, now she is to be married off without dowry. Don’t give gifts. Don’t give dowry. Don’t give anything to the girl. Don’t come back. Stay there till you die, and if you die, we will make a case to get the dowry back,” cries Revathy, another despondent housewife.

A lot of women suffer not because of dowry. Their salary is taken away. Their husbands are having affairs. The threat of being thrown out is constantly given. Modern ‘empowered’ women still go under the law of maintenance. Half the women don’t need maintenance, as they are working, and anyway a lot of them are not entitled to it. In the new Domestic Violence Act, for the first time, we recognize that what a woman needs is shelter. It’s not stricter punitive measures that we need – it’s innovative and activist lawyers who will fight for women’s rights.

Domestic violence is an intractable problem that appears to be getting worse. Still, many victims often deny domestic abuse, either to avoid public humiliation, preserve family honour or for fear of being driven out. They do not want to disrupt their children’s lives. Most cases go unreported. In extreme cases where women are forced to report cases of domestic violence, it is because they want to end the violent incidents, not because they are seeking a divorce. They hope to both preserve their marriage and put an end to the abuse. “When a woman does file a complaint, the police are reluctant to meddle in what they call family matters,” says Bishakha Datta of the group Point of View. Then again, many women do not want to return to their parental homes where they could find themselves in an equally vulnerable position.

Reflecting on her long journey from innocence to alleged crime to martyrdom and now movie-made stardom, Kiranjit Ahluwalia, in conversation with a reporter from IANS says that the Aishwarya starrer ‘Provoked’ directed by Jag Mundhra, which narrates Kiranjit’s life story of misery and torture at the hands of her husband is a theme that most women can relate to. Many people reportedly called her and Jag Mundhra saying that it was their story. “It is a bold theme. The movie is a message, a medium of awareness, a call to the women to rise up and fight for their rights,” she urged.