A report by Aweksha found spousal violence doubled in Karnataka between 2015-16 and 2019-21, with conviction rates in related cases abysmally low in Bengaluru. The report also highlighted high bail rates for DV-related cases, with 97.8% of arrested persons getting bail. Survivors of domestic violence are opting for civil law more than criminal law. The report recommends maintaining detailed data on legal services and the outcome of cases.
The recent report by Aweksha has revealed a disturbing trend in Karnataka, with spousal violence doubling between 2015-16 and 2019-21. The state's capital, Bengaluru, has seen an alarming increase in domestic violence cases, with conviction rates in related cases remaining abysmally low. The report also highlights high bail rates for domestic violence (DV)-related cases, with 97.8% of arrested persons granted bail [1].
This surge in DV cases has led to an increase in the use of civil law by survivors, as they seek recourse through the legal system. The report recommends maintaining detailed data on legal services and case outcomes to better understand and address this growing issue.
The Domestic Violence Act, enacted in 2005, is the primary legislation aimed at providing justice to aggrieved women. However, the low conviction rates and high bail rates indicate that the current legal framework is not effectively addressing the problem. Lawyers practicing in Bengaluru, including CV Raman Nagar, have expressed concerns about the lack of stringent measures to punish perpetrators and protect victims [2].
The Supreme Court's recent ruling in 'Vibhor Garg v. Neha' has also sparked debate regarding the admissibility of secretly-recorded spousal phone calls as evidence in divorce cases. While the court cited the right to a fair trial, critics argue that this decision could incentivize domestic surveillance and overlook power imbalances in relationships [3].
To tackle this issue, the report suggests maintaining detailed data on legal services and case outcomes. This data can help identify gaps in the legal system and inform policy changes to better protect victims of domestic violence. Additionally, the report recommends enhancing the capacity of legal professionals and improving access to justice for survivors.
References:
[1] https://lawrato.com/domestic-violence-lawyers/bangalore/cv-raman-nagar
[2] https://economictimes.indiatimes.com/opinion/et-commentary/a-law-to-settle-disputes-if-neglectful-to-power-can-sustain-the-inequalities-it-seeks-to-remedy/articleshow/122525628.cms
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