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This is an archive article published on April 28, 2003

NHRC moots wider scope

If the Government accepts NHRC suggestions on bill on domestic violence, marital rape could soon become a cognisable offence.Seeking to wide...

If the Government accepts NHRC suggestions on bill on domestic violence, marital rape could soon become a cognisable offence.

short article insert Seeking to widen the scope of domestic violence, the NHRC incorporated many proposals from NGOs and activist groups before sending its suggestions on the proposed bill. The Protection from Domestic Violence Bill, 2002, has already been sent to a select committee of Parliament.

Women members have often cornered the Government over undue delay in tabling such an important bill. Official sources said the bill could be placed in the House in the forthcoming Budget Session.

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The NHRC has specifically defined domestic violence in terms of ‘‘physical abuse’’, ‘‘sexual abuse, verbal and mental abuse and even economic abuse.’’ Besides, its key suggestion is for treating children, who are thrown into a situation of domestic violence due to adults’ behaviour, as aggrieved people.

The commission has also suggested that the proposed legislation recognises all marriages, including contractual and marriages held in tribal areas, which otherwise are not recognised by the law of the land, for considering cases of domestic violence.

While the Government bill revolves around the conventional man-woman relationship in a marriage, the NHRC seeks to widen its scope and bring situations like a son ill-treating an elderly parent too under its ambit.

‘‘One can not exclude situations where acts of violence is committed on the females by the male members of the family, like a son on the mother or a brother on his sister. A wider definition would thus help in reducing acts of violence by placing liability on a larger network of people,’’ the commission has said.

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The NHRC’s suggestions specifically say that the ‘‘respondent’’ (perpetrator of violence) could be asked for monetary compensation to the victim by a magistrate while the Government’s bill had left the clause vague.

The NHRC also seeks to spell out measures for married women who leave their homes and want to report crimes. At present, women have to report the crime at the place of occurances — in this case, the husband’s place. However, the NHRC has suggested that the crime under the proposed law can be registered at any place where the complainant and the respondent have links.

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