PERPETUAL BATTLE OF THE BETTER HALF DOMESTIC VIOLENCE & HIV Savita Singh Lawyers Collective HIV/AIDS Unit India

2 WOMEN AND HIV/AIDS Nearly 2 million women infected with HIV in India, constituting 39% of all HIV infections (Gender impact on HIV/AIDS in India, NACO, 2005 ). Rate of infection is steadily rising. Factors giving rise to VULNERABILITY Biological – Bleeding or tearing of vaginal or rectal area from forced sex giving passageway through bloodstream. Reduced access to treatment of STDs pose health risks including HIV Male-to-female transmission during sex is about two times more than female-to-male

3 Socio-cultural factors - Culturally dictated to be faithful to male partners whereas men having multiple partners No sex awareness among women, their body is considered property of men Not allowed to negotiate safer sex or Condom use with husband or the partner Results in total disempowerment of women and puts them at the margins of health care

4 VIOLENCE HIV VIOLENCE A vicious cycle Violence, particularly in sexual relations, heightens risk of exposure to HIV HIV further worsens abuse of women by the family or sexual partners-Physical, mental, sexual etc. Economic dependence and Stigma behind the disease prevents women from seeking relief outside home Resultant Denial of legal rights-residence, custody over children, inheritance etc.

5 EXISTING LAWS IN INDIA Domestic violence needs urgent relief interventions to prevent the victim to succumb Section 498A, Indian Penal Code – recognizes cruelty to women by in-laws for dowry and provides for criminal remedy- no rehabilitation check for the estranged woman No recognition of domestic violence either by society or the political governance. No other law, civil or criminal, in India to tackle Domestic violence

6 D V BILL CAMPAIGN BY LAWYERS COLLECTIVE WOMEN’S RIGHTS INTIATIVE 1998-Campaign for a Civil law on domestic violence to redress the grievances of victims of domestic violence. LCWRI drafted the bill after various consultations with women’s rights groups and stake holders Object was to provide immediate civil remedy to the victim to negotiate with dignity to safeguard the future rehabilitation prospects.

7 PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 Recognition of violence to women in family or domestic set ups Recognizes unequal situation of perpetrator and victimized woman and provides for immediate reliefs

8 Defines shared household, Aggrieved person and the perpetrator of crime as Respondent Provides for various protection orders viz. right to reside irrespective of title, custody over children, monetary reliefs etc. to place the aggrieved person to negotiate her rehabilitation in a dignified way Recognition of a relationship in the nature of marriage

9 CHALLENGES - No permanent relief under the Act - Personal laws are of no help in cases of non-marriage partnerships - Social safety mechanism to be strengthened for a sustained rehabilitation of the victim