Domestic violence against women : legal control and judicial response.

by Misra, Preeti Published by : Deep & Deep Pubs. Pvt. Ltd. (New Delhi) Physical details: xxxviii,606p. ISBN:8176298964.
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Year: 2006 List(s) this item appears in: Women Shaping the Built Environment : Knowledge and Practice
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Books 305.4 MIS Available Status:Catalogued;Bill No:79 001852

Contents Preface xiii List of Abbrevitions xix Introduction xxiii 1. POSITION OF WOMEN IN INDIAN SOCIETY 1 1. Women in Hinduism 2 Women in Vedic Period2 Position of Women in the Brahmanas9 Women in Upanishads11 Women in the Laws of Manu23 Women in Puranas18 Women in Mahabharata24 Women in Ramayana28 2. Women in Buddhism 30 3. Women in Christianity 32 4. Women in Sikhism 33 5. Women in Jainism 33 6. Women in Muslim Period 34 7. Women in British Rule 37 8. Women in Post-Independence India 39 2. CONCEPT OF VIOLENCE AGAINST WOMEN 42 A. Definition of Violence 42 1. Lexicon Meaning of Violence 42 2. Sociological Definition of Violence 44 3. Socio-Psychological Definition of Violence45 4. Operational Definition of Violence48 B. Definition of Domestic Violence 50 1. Definition under Criminal Law51 2. Definition under Special Laws54 3. Definition under Civil Law55 4. Definition under Proposed Law56 5. The Protection of Women from Domestic Violence Act, 200557 C. Characteristics of Domestic Violence 62 1. Domestic Violence in Ancient Indian Society 63 2. Domestic Violence in Present Indian Society 66 3. MAGNITUDE AND FORMS OF DOMESTIC VIOLENCE 76 A. Violence against Female Foetus and Girl Child 76 1. Female Foeticide 78 2. Female Infanticide85 3. Incest 202 B. Violence against Married Women 117 1. Dowry . 119 Dowry Deaths125 2. Cruelty/Wife Battering 141 Cruelty in Criminal Law141 Cruelty in Matrimonial Law 141 Definition of Cruelty242 Classification of Cruelty 243 Wife Battering 245 Meaning of Battery247 Barriers to Leaving a Violent Relationship263 Victims: Myth and Reality266 3. Sati 168 C. Violence against Elderly Women185 1. Abuse of Elderly Women 185 The Problem of Definition189 Types of Elder Abuse290 Gender Dynamics in Elder Abuse292 Prevalence of Elder Abuse294 Elder Abuse in India296 2. Widowhood 199 Incidence of Widowhood 202 Right to Residence 226 Right to Property 227 Right to Remarriage 229 Community Support to Widows 220 4. CAUSES OF DOMESTIC VIOLENCE: THEORETICAL EXPLANATIONS 1. Feminist Theory: The Social Problem Approach Criticisms of the Feminist Model229 2. The Family Systems Theory Advantages and Criticisms of the Family Systems Model231 3. Psychological Theory: A Focus on Individual Problems Criticism of Psychological Approach 233 4. Physiological Theory 5. Psycho-Pathological Theory 6. Socio-Psychological Theories 7. Socio-Cultural Theories 8. Multi-Factor Theory Integrated Approach Theory249 The Multifactorial Systemic Theory 252 Causes of Violence Against Female Foetus and Girl Child252 Causes of Violence Against Married Women256 Causes of Violence Against Elderly Women262 5. ADMINISTRATION OF JUSTICE AND DOMESTIC VIOLENCE A. Legal Response to Domestic Violence 1. Provisions under Constitutional Law Constitutional Provisions Fundamental Rights271 Women Reservations 274 Women Reservations in Election to Local Bodies275 Right to Freedom (Articles 19-22)276 Right to Life and Personal Liberty (Article 21)277 Right Against Exploitation (Articles 23-24)277 Right to Freedom of Religion (Articles 25-28)278 Cultural and Educational Rights (Articles 29-30)279 Right to Constitutional Remedies (Articles 32-35)279 Directives Principles-Women280 Right of Women to Economic Development282 2. Provisions under Civil Law 284 Remedies under the Laws ot Marriage and Divorce285 I. Provision for Divoce or Judicial Separation286 II. Provision for Maintenance of Wife 288 III. Provisions for Maintenance for Children 290 IV. Provisions Regarding Guardianship 292 V. Restitution of Conjugal Rights 295 VI. Right to Reside in Matrimonial Home296 Remedies Available under General Civil Law298 I. Specific Relief Act, 1963298 II. Code of Civil Procedure, 1908299 Remedies in Tort 300 I. Trespass to the Person 300 II. Damages302 III. Injunctions and Restraining Orders302 3. Provisions under Criminal Law 304 I. Cruelty by the Husband or Relatives of the Husband 309 II. Dowry Death373 III. Abetment of Suicide 316 IV. Hurt and Grievous Hurt 328 V. Wrongful Restraint and Wrongful Confinement 319 VI. Marital Rape320 VII. Outraging the Modesty of a Woman320 VIII. Criminal Beach of Trust 321 IX.. Bigamy 322 X. Adultery 324 . XI. Bond to Keep the Peace: Section 107 Cr.PC 325 4. Provisions under Specific Laws 330 I. Legislative Provisions against Female Foeticide 331 II. Legal Provisions to Deal with Dowry Menace 336 III. Sati and Law339 IV. Incest and the Law341 5. Provisions under Domestic Violence Act 344 6. Provisions under International Conventions 352 B. Judicial Response to Domestic Violence355 1. The Judiciary and Girl Child Abuse 357 2. Judicial Response to Female Foeticide 361 3. Judicial Response to Dowry Violence 363 4. Judicial Response to Wife Battering and Cruelty 393 A. Cases of Cruelty in Matrimonial Law 397 B. Cruelty in Criminal Law411 5. Judicial Response to Sati 6. Judicial Response to Elder Abuse C. Police Response to Domestic Violence 1. Police Insensitivity to Girl Child Abuse 2. Role of Police in Bride Burning 3. Role of Police in Wife Battering/Cruelty 6. DOMESTIC VIOLENCE AGAINST WOMEN IN INDIA: DATA ANALYSIS AND INTERPRETATION NCRB Data Missing Data States Specializing in Domestic Violence 7. CONCLUSION AND SUGGESTIONS Appendices: I. Ministry of Law and Justice (Legislative Department) II. Government Bill-Lok Sabha III. The Domestic Violence Against Women (Prevention) Bill, 2001 List of Cases Bibliography Index

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