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After advent of era of democracy and awakening, woman realized their political strength and power and started feminist movement in the West. Different writers and thinkers, majority of whom were women, started writing in revolt against criminal and civil rights‟ abrogation, infringement and violation of rights of women. To safeguard and to protect these women rights, a new feministic jurisprudence was evolved against the old theory of law of patriarchy, which envisages that males hold dominant power. Accordingly the language of law has been defined, shaped and interpreted in a manner to determine the part generally played by women in society. Eventually old patriarchal jurisprudence was rejected by liberal feminists and „Cultural Feminism‟ was stressed and propagated for changing the social and legal position of women. I. Introductory U.N. Report of 1980 confirms one of the fundamental laws of nature, that women constitute one half of the world‟s population, and despite performing nearly 2/3 of combined work hours, receive 1/10 of world‟s income and own 1/100 of total world‟s property. Since 1980, though, economic and social position of woman has improved considerably. The reason for this pathetic condition was indicated as, that woman had been kept in subordinate positions world over by men, irrespective of time and place, and they were only considered objects of enjoyment and pleasure. These bitter facts led to victimization and exploitation of woman. Of all the places, women were exposed to exploitation and violence in their own patriarchal homes where they were supposed to be in safest environment, because of mindset of males developed through age old gender based cultural, social and economic factors. Besides, in the recent past a new group of stranger-exploiters have come into existence at work place, when women came out of confines of their homes to earn and to consolidate their socio–economic status. Previously under the general human rights, only civil and political rights were covered, but later on social and economic rights of woman were also included in the ambit of Human Rights. This had become so because in a changed scenario previous historical unequal power equations among men and women had changed to a greater extent, which in the past had existed due to customs, traditions, culture and religious considerations. After advent of era of democracy and awakening, woman realized their political strength and power and started feminist movement in the West. Different writers and thinkers, majority of whom were women, started writing in revolt against criminal and civil rights‟ abrogation, infringement and violation of rights of women. To safeguard and to protect these women rights, a new feministic jurisprudence was evolved against the old theory of law of patriarchy, which envisages that males hold dominant power. Accordingly the language of law has been defined, shaped and interpreted in a manner to determine the part generally played by women in society. Eventually old patriarchal jurisprudence was rejected by liberal feminists and „Cultural Feminism‟ was stressed and propagated for changing the social and legal position of women. They started to demand changes in existing laws relating to rape, sexual harassment, surrogate motherhood, pregnancy, maternity leave and even abolishing pornography. The emphatic demand was directed to enact new legislations to stop domestic violence, unequal pay and harassment at workplace etc. Now in India various such laws have already been legislated. The expression „violence against women‟ was interpreted broadly to include all kinds of civil and criminal acts of above, harassment, victimization (physical or mental) and all kinds of abrogation of right of women. Of all these, domestic violence, even of trivial nature was considered to be a human right issue or abuse Domestic violence is a global phenomenon, irrespective of development, caste or creed. There cannot be two opinions that it should be stopped and that can be done through legislations. “Protection of Woman from Domestic Violence” Law, A Biting Reality: History, Causes and Its www.iosrjournals.org 42 | Page II. Historical Perspective The feminist movement in the West had created a strong voice forcing the preamble of United Nations Charter 1945 to include equal rights for men and women. The International Bill of rights of dignity and freedom without discrimination of sex and also equal protection of law without such discrimination under Articles 1,2,3,4,5,6,7/ Articles 8, 10, 19, and 20 provide women certain specific rights. Previously in 1980 a conference of the United Nation Decade for Women in Copenhagen coined the expression „Domestic Violence‟ for the first time. After that 3 World Conference on Women in Nairobi, words „Abused Women‟ were used. In 1993 the General Assembly adopted Declaration on the Elimination of Violence against Women. In 1993 also Vienna Declaration and programme of Action, a World Conference on Human Rights, provided for special human rights for women. In 1994 Belem do Para in Latin America adopt resolutions on Prevention, Punishment and Eradication of violence against women. In 1995 Beijing Declaration and Platform for Action adopted by fourth World Conference on women took a concrete step towards protection of victims of domestic violence. In India there was no specific legislation to deal with domestic violence, though it was a signatory to most of the above mentioned International Conventions etc. This had created a pressure on the Indian Government (not counting the internal pressure) to formulate some laws to shun domestic violence. Parliament appointed a Select Committee in 1980 and in 1984 to amend Dowry Prohibition Act, and between 1983 and 86 Indian Penal Code was also amended for providing punishment for cruelty or death caused by in-laws of women in relation do dowry. In 1992, „Lawyers Collective‟ drafted and circulated a Bill on domestic violence. National Commission for women (NCW) also drafted a Bill in 1994 but it was opposed by other women groups. In Dec 2001 Government of India, under pressure from women‟s groups, put before Parliament a Bill and named it „Prevention from Domestic Violence Bill‟. Later on when it was passed by the Parliament in 2005, the word protection was brought in place of prevention. III. Why Domestic Violence Takes Place Many hypothetical theories were evolved to find out causes of eruption of domestic violence. Important among those theories are as follows – “Provocative Wife Argument” theory envisages that wife contributes to her beating as she provokes husband through argument or actions. “Learned Helplessness” theory believes that some events in the childhood of wife create poor image of herself, due to which she keeps silent when subjected to violence, which eventually becomes a practice. “Family Oriented” theory envisages that some families as a social group develop a characteristic to inflict violence on family women. “Individual Oriented” theory studies the Characteristics of victim and the assailant individually, but the main focus is on the assailant. “Traditional Sex-Role Socialization” approach envisages that women generally complain to be a victim because the „sex role ideology‟ was developed out of socialization process. “Personal Resource” theory‟s approach is that the wife becomes a victim of violence where husband considers himself to be les in skill, talent or resources due to which she shines, and he wants to remain in controlling position. There is a long list of other theories as well; but to mention a few: “Coercion Theory”, “Walker‟s Behavior Cycle Theory”, “Status Inferiority Theory”, “Frustration-Aggression Theory” and “Social Deviance Theory” etc. are important from that long list. Sociologists and other thinkers often accept or reject one or many above mentioned theories forwarding their own arguments and reasons. IV. Main features o “Protection of Women from Domestic Violence Act” To eradicate social evil of domestic violence against women, Indian Parliament had legislated the above enactment. The main features of the law are – 1The Law protects an “aggrieved passion” who is always a woman, presently living or ever lived in a “domestic relationship” in a “shared household”. 2All women related by consanguinity, marriage, or through a relationship in nature of marriage (concubines or live-in), adoption or members of joint family are covered under the law. 3Domestic violence has been recognized as a civil right of women under broader human rights. As an issue it has tried to eliminate social discrimination. 4On the other hand the law has combined civil and criminal remedies. The civil remedies are meant o give relief to the victims, while the punishments are provided to give sanction to law. Any breach of court‟s order is also an offence. “Protection of Woman from Domestic Violence” Law, A Biting Reality: History, Causes and Its www.iosrjournals.org 43 | Page 5The law gives right to aggrieved women to secure the shared house for residence under protection of state officers under the guidance of a court. 6Under the law, right is available to all related women who are subjected to physical, sexual, verbal, emotional, economic or mental violence, even of trivial nature. 7The procedure for filing and obtaining a relief by the aggrieved woman has been simplified. The Magistrate is directed to decide the matter within three days. The application could be moved by anybody on her behalf. 8The law provides for immediate “monetary reliefs” to the aggrieved women besides compensation for damages in form of injuries, mental torture or emotional distress, besides right of residence in the same house. 9The law has tried to put some safeguards to check its misuse. Dangers are that Service Providers. “(NGOs), or “any other person, “who are empowered to move an application on behalf of women, may turn into extortion cells. Thus t

“Protection of Woman from Domestic Violence” Law, - A Biting Reality: History, Causes and Its Social Impact”