Issue-IV, October-December 2012 |
(An International Multi Disciplinary Journal)
A SITUATIONAL ANALYSIS
OF DOMESTIC VIOLENCE IN M.P. : CLICK HERE TO ABSTRACT
violence is a global phenomenon, cutting across caste, class, culture, religion,
and ethnic boundaries. The status of women in India is not equal to the status
of men in terms of, access, participation, and reward .Their situation owes its
existence to the patriarchal & feudalistic structure of the society. Women
are vital element of society and societys progress depends lot on them.
All societies strive to do everything possible to integrate women in all walks
of life in an equitable and just manner. In the ever changing horizon the status
of the women remains a fluctuating one. Domestic violence is the most serious
violation of all basic rights that a woman suffers in her home at the hands of
members within her own family. The manifold problems associated with domestic
violence have been systematically exposed by data ands in depth work under taken
by several people in the womens movement. Domestic violence is not simply
a legal problem, which can be eradicated by appropriate legal measures alone.
It is very much a social and psychological problem and can be tackled adequately
by bringing about fundamental changes in the social system and in the attitudes
of people towards women and children. Legal remedies are good and helpful in so
far as they act as deterrents and attempt to curb the tendencies to violence,
but they do not strike at its root cause. They are no doubt bold attempts to get
rid of domestic violence from the system, yet by themselves they can do little
to tackle the issues involved. It must be recognized that in traditional societies
legislation by itself is an incomplete solution to the problem of social change.
JUSTICE SYSTEM IN INDIA NEED SPEEDY & EFFECTIVE: CLICK HERE TO ABSTRACT
India is a democratic country where justice is done to all. It works on the principle
let 100 culprits go free but not a single innocent person should be punished.
Doing justice to all, is the concept that has travelled through the ages. From
the very old times we had courts and authorities which delivered judgments on
various disputes. From this we have in the present day various courts at different
levels like metropolitan court, district court, sessions court, high court,
Supreme Court and various other courts at different level which decides cases
at different level. But in the present date we have various cases pending in different
courts whose number in increasing day by day. The courts take years to decide
a case and the judgment is passed after eight-ten or even fifteen years or more.
But it is something called as delayed justice and it is well said that justice
delayed is justice denied. So, there should be some mechanism in order to
serve the purpose at an appropriate time and in appropriate manner. There should
be some control barrier but it does not mean at all that the very purpose should
be forgotten because justice hurried is justice buried. So, we should
basically focus delivery of judgment in a proper way in a proper span of time.
Speedy trail is the essence of criminal justice and delay constitutes denial of
it. While on one hand, reasonably expeditious trail is an integral and essential
part of the fundamental right to life and liberty enshrined in Article 21 of the
Constitution of India. In this paper we discussed that justice delivery system
fail to respond quickly to the cries of poor litigants. To get the cheap &
speedy justice, both the govt. & the judiciary have to take special measures
& introduce innovative idea. The ratio of judges is poor when we compare with
USA, Australia & Canada. Alarming issue caused in Delhi gang rape case &
there has a agitation for effective justice in short span & modification of
criminal investigation within 7 days & punishment be finalised within 30 days
to check the crime.