Twenty-six-year-old Sasmita (name changed) was married for two years, but since her marriage she had been emotionally and physically abused by her IT professional husband.
“When we got married everything was smooth but after we shifted to Bangalore where my husband was posted, he started abusing over small matters. When I reacted he would be violent and physically abuse me. I still have many bruises on my face and body,” says Sasmita in a choked voice.
Once on her visit to her parent’s house in Bhubaneswar she shared her agony with one of her friends. later, both decided to file a complaint at a local police station. The local police officer hearing them referred the case to the Women Support Center at DCP (Deputy Commissionerate Police) office in Bhubaneswar.
The counselor listened to her plight patiently and after rounds of discussions with her husband, in-laws and parents, the case was resolved in three months.
In last three years since the centre’s establishment at the DCP office, many survivors of domestic violence find it a helping hand of guidance. But still the number is not as encouraging. Most people (read women) are not even aware of Protection of Women from Domestic Violence Act; so the first stop for them is file a case at a police station. Also the police, unaware of such law, sometimes file a criminal case of cruelty under Section 498 A. Sasmita also went to file a criminal case against her husband, because she thought violence at any place is a criminal offence.
“Due to lack of awareness, many survivors go to a local police station to file a case, but with regular training programmes, now the police officials refer them to contact the Women Support Centre here,” says counselor at WSC Anima Mishra.
Every day, the centre receives complaints of nearly 6-7 survivors, mostly related to extra marital affairs, dowry torture and physical abuse.
Some cases are being resolved by regular counseling and mutual reconciliation where both parties agree with. There are some cases which need to be referred to a Protection Officer. But many times, the survivors disagree to visit the PO office in Khordha, because it will again linger the duration of the case”
Sucheta (name changed) has visited several times to the PO office in Khordha just for a residence order. A year back, when she sensed about her husband’s extra marital affaires, she reacted and both had a fight over the matter. Her husband physically abused her and threw her out of the house. “Then I tried many times to enter inside the house as two of my growing children were facing similar kind of abuse. I contacted the WSC here after rounds of discussions and counseling when the case did not resolve, the counselor referred it to the PO office in Khordha. Since then, I have been facing added problems to meet with her and convince her about my case, so that she can order me to stay with my children under same roof,” said Sucheta who was married for last 14 years.
Under the Domestic Violence Act, the PO is a special post created to serve as a liaison between the victims of domestic violence and the system. When Sucheta’s case was referred to the PO in Khordha, she realised the process would not be smooth for her. She again had to wait for a longer period to get justice. The reason is the Government employee is burdened with additional charge.
The PWDV Act implemented in 2005 recognises not just physical violence against women, but emotional, verbal, sexual and economic violence too. If women in any kind of domestic relationship face such abuse or harassment, she can fight a case under this Act to get justice. With this law, a woman does not have to file criminal cases of domestic violence. So even without a police case, a complaint under the Act can seek protection, maintenance, custody of children, compensation and rights to a shared household. The post of PO is one of the most crucial provisions of the Domestic violence Act. It is meant to help the aggrieved women connect with the courts, the police and various support services.
In Odisha, there are 30 POs working in 30 different districts, but all of them are Government officials with additional charge of being PO. These Government officials work as part-time POs and not full time; so their priority is less. They are often missing from office under the guise of field work and ask women to visit them repeatedly. “Because these employees who act as POs lack sensitivity, they do not have gender orientation to understand the issue from a gender perspective. lack of understanding the Act and unaware of the procedure, they make the survivors run from pillar to post to get justice,” says Namrata Chaddha, lawyer and activist who has been working on women’s issues for several years. The duty of the PO is to inform the woman about her rights, and prepare a domestic incident report (DIR), also ensure that the survivor and her children are not victimized during filling of the DIR. The PO also connects the survivor with medical, shelter home and other support services. “The PO is the crucial person for further move in your case. But, if you do not get a chance to meet her, explain her about the degree of violence, how she will understand the issue and connect you with other services,” says brother of a survivor, who accompanied her sister to the PO office.
Requesting anonymity, he expressed, “These are the issues why people seek the help of private lawyers. At least your case will not get delayed for indefinite period. The Act emphasizes justice in 60 days, but only the victim knows how long it takes.”
As the POs are not in the job of full-time responsibility, they are not accountable for a victim’s justice. The POs are operating from their exiting office; they do not have an independent office. Besides, they do not have adequate staff and no trained counselor who will attend immediately to the victimized woman.
“Besides all this, the attitudinal problem of the society towards violence against women is a major barrier in providing justice to them. The patriarchal society still thinks violence by men on women is a prerogative. Such mindset resists more women to come forward for seeking justice,” feels activist Chaddha.