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Domestic Violence Bill

Domestic Violence Bill

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Published by shyambandhu
Its a scrutiny analysis of Domestic Violence Bill passed by the parliament of Nepal in 2009. with brief evaluation about the loopholes from the perspectives of student of peace studies
Its a scrutiny analysis of Domestic Violence Bill passed by the parliament of Nepal in 2009. with brief evaluation about the loopholes from the perspectives of student of peace studies

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Published by: shyambandhu on Aug 17, 2009
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10/14/2012

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1
Domestic Violence: Concept
 A woman who lives in the shadow of daily violence ……… is not truly free.
- Former UN Secretary General
 
Kofi AnnanGenerally,
violence
signifies an attack or an assault resulting in destructiveconsequences. The Webster’s dictionary defines violence as an act of extreme force orpassion or fierceness. This definition construes that the act of violence is primarilyphysical and focuses on intense emotions that incite violence. In our day to day lifewe can see or experience violence around our premise, everywhere in street, in publictransport, at workplace and not least at domestic sphere.
Domestic Violence
is defined as a pattern of behaviors involving physical,sexual, economic and emotional abuse, alone or in combination by an intimate partneroften for the purpose of establishing and maintaining power and control over otherpartner (Geberth, 1996, p. 51)
1
. Domestic violence is somehow similar to the conceptof violence against women, as many violence in domestic sphere are always againstwomen and sometimes children. Generally, women are the victims and men areperpetrators in almost every case of domestic violence. Recently, a DomesticViolence Bill
2
has been ratified by the parliament on the initiatives of women activistsand parliamentarians. The initiatives of women to introduce legislation againstdomestic violence clearly state that women are the victims in almost every cases of violence and abuse in domestic domain. Wayne W. Bennett et al.
3
define domesticviolence in a more specific way – “Although the legal definition of domestic violencevaries from state to state, many people explain it as a constellation of physical, sexual,and psychological abuses, that may include physical violence, intimidation, threats,emotional abuse, using children as pawns, manipulation and the assertion of maleprivilege within domestic strata. This definition clearly states males are the mainactors in domestic violence.The domestic violence bill defines domestic violence as “Any act of physical,mental, sexual and economic torture by one person to another person with domesticrelationship, such kind of act includes scolding and emotional torture as well”.
1
Wayne w. Bennett et al. (2001), Criminal Investigation, Wadsworth Thomas Learning, USA.
2
‘Domestic Violence (Crime and Punishment) Bill- 2066’, ratified by the parliament at 19
th
April,2009.
3
Wayne w. Bennett et al. (2001), Criminal Investigation, Wadsworth Thomas Learning, USA.
 
2
Objectives
Especially, the major objective of this study is focused on the followingpoints:1.
 
To review the bill through gender perspectives.2.
 
To find out the strong aspect as well as the loopholes of the bill and thechallenges of implementation.
Related Literature
The
 
Bill “Domestic Violence (crime and Punishment) 2066” in itself was themajor literature as we were assigned to review it. Beyond that for the theoreticalaspect of domestic violence, a book entitled
Criminal Investigation
(2001) by WayneB. Bennett et al. became helpful. According to this book “domestic violence is apattern of behavior involving physical, sexual, economic, and emotional abuse aloneor in combination, by an intimate partner often for the purpose of establishing andmaintaining power and control over other partner”. The book is more focused on thecase of criminal issues rather than on purely gender issues.Shailu Nigam (2008), on
 Domestic Violence in India: What One Should Know?
states domestic violence as Violence Against Women (VAW). She says,“Domestic violence is any act of omission or commission that cause harm to womenor keep her in a subordinate position”. This statement synonymies domestic violenceas violence against women.Preeti Mishra (2006), on her book 
 Domestic Violence against Women: LegalControl and Judicial Response,
helped to employ some theoretical causes of domesticviolence. According to her the following theoretical development response to thecauses of domestic violence.a.
 
Feminist Theoryb.
 
Family Systems Theoryc.
 
Psychological Theoryd.
 
Physiological Theorye.
 
Psycho-Pathological Theoryf.
 
Socio-psychological Theoryg.
 
Socio- Cultural TheoryMoreover,
the UN Declaration on the Elimination of Violence against Women
 
3
(1993)
gave useful insights on international legal mechanism about violence againstwomen.
Features of the Bill
 
Categorized Violencea. Mental.b. Physicalc. Sexuald. Economic
 
It also recognized the torture against adopted sons/daughters, domesticworkers as well. To some extent, it includes all the tortures inside the domesticperiphery.
 
It endows Legal rights to Women Commission, Local Bodies, Women Cells inDistrict Police Office, Police Stations, to take cases of domestic violence.
 
It also provides Interim Protection for victim.
 
Reconciliation is the major focus of this Bill. As it deals with domesticdomain, the provision of reconciliation may be prioritized for the smoothrelation in the future.
 
Establishment of Service Center for the immediate security and remedy thatincludes psychological/psycho-social counseling as well.
 
Close session for case hearing on the request of victim.
What it Lacks?
 
It does not have separate provision for women since their case is serious andthey are more vulnerable.
 
It lacks effective reporting mechanism.
 
Compensation and punishment does not seem equal to the crime.
 
It does not have long term relief provision for the victim.
 
It does not specify the court for judicial remedy.
 
It fails to sensitize the depth of the issue because it does not clearly indicatethe court verdict in a stipulated time period since the existing legal procedureis lengthy.
 
For the establishment of Service Fund (clause-12), the sources are:
 
a. Nepal Government’s fund

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