期刊名称:International Journal of Early Childhood Special Education
电子版ISSN:1308-5581
出版年度:2022
卷号:14
期号:2
页码:3270-3277
DOI:10.9756/INT-JECSE/V14I2.335
语种:English
出版社:International Journal of Early Childhood Special Education
摘要:Domestic Violence is one of the most occurred matrimonial criminal offence. Domestic Violence is a gender specific law in India. The paper highlights the societal background of India, how women were suppressed and how this constant suppression has led to an explosion. Plethora of laws have been frame for the upliftment and protection of women but gradually with time women have secured their place in various walks of life and is not lagging behind than her counterpart. Equality, a grundnorm is losing its essence. The paper focuses on The provisions of Domestic Violence Act, 2005, which are gender biased in approach and critically analyses the Act, had the act been gender neutral, men could also have claimed their rights and obtained justice. There is dire need of gender neutral laws in India and to support the same the paper lays down international perspective on the issue of Domestic Violence against men. It also postulates numerous Indian case laws highlighting how law is being misused by married women and how men are being granted divorce on issues, which if Domestic Violence Act had been gender neutral, complaints could have been filed under the above Act. Society, Judiciary and Legislature have side lined and is considering this issue to be illusionary in nature.Crime against males is not an imaginary situation, it’s a disease which needs to be acknowledged, checked and thus alleviate as they say prevention is better than cure. The quest is not for man v. woman but for equality solely.