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| Bill introduced in LA | | | JAMMU: The State government today tabled a bill in the Legislative Assembly to give effective protection to women from domestic violence.
'Jammu and Kashmir Protection of Women from Domestic Violence Bill, 2010' was introduced by the Minister for Social Welfare, Sakina Itoo to provide more effective protection of the rights of women guaranteed under the constitution, who are victims of violence of any kind occurring within family and for matter connected therewith.
The, main objective of the Bill is to protect the women from being victims of domestic violence in the society and covers those women who are in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage, adoption in addition to relationship with family members living together as a joint family are also included.
"Domestic violence is undoubtedly a human rights issue and serious deterrent to development. This has been acknowledged in various international fora," the minister said.
Even those women who are sisters, widows, mothers, single women, or are living with the abuser are entitled to legal protection under the proposed legislation.
However, whereas the Bill enables the wife to file a complaint under the proposed enactment against any relative of the husband or the male partner, it does not enable female relatives of the husband or the male partner to file a complaint against the wife or the female partner.
It defines the expression" domestic violence" to include actual abuse or threat of husband or threat or abuse that is physical sexual, verbal, emotional or economic, Harassment by way of unlawful dowry demands to the women or her relatives would also be covered under this definition.
The Bill provides for the right of women to secure housing. It also provides for the right of women to reside in her matrimonial home or shared household, whether or not, she has any title or rights in such home or household. The rights secured by a residence order, which is passed by the Magistrate.
The Bill empowers the Magistrate to pass protection orders in favour of the aggrieved person to prevent the respondent for aiding or committing an act of domestic violence or any other place frequented by the aggrieved person, attempting to communicate with her, isolating any assets used by both the parties and causing violence to the aggrieved persons, her relatives or others who provide her assistance from the domestic violence.
It provides for appointment of Protection officers and registration of non-governmental organization as service providers for providing assistance to the aggrieved person with respect to her medical examination, obtaining legal aid, safe shelter etc.
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