Amid criminals, domestic violence victims jostle for space in court

CHENNAI: In the small enclosure outside the crowded metropolitan magistrate court in Egmore, there are all sorts of people together — women fighting cases of domestic violence, people charged for offences like robbery, prostitution and murder.
Being clubbed with petty criminals creates undue trauma for those like J Shanti, 43 — who has walked out of an abusive marriage and is struggling to survive.This litigation process, advocates say, could be made a lot easier on women if there were special courts to handle cases under the Protection of Women from Domestic Violence Act, 2005.
“It affects them psychologically to share space with criminals. It makes them feel they are branded the same way. These women are highly vulnerable when they come to court. Since their husbands are respondents in the case and have to make an appearance in the same court, I have seen it drives the wedge between the couple further. A special court can be constituted to handle such cases from across the city. It will make the experience more comfortable for women pursuing litigation,” says advocate and Madras High Court Advocates’ Association treasurer R Sudha.
A recommendation could be made from the office of the Chief Justice to the government to facilitate this, she adds.
Litigants agree that it will help. Says Shanti, “I endured 10 years of abuse before I gathered courage to walk out on my husband in January. My daughters are still with him. I now live in a hostel in Royapettah. I had a privileged upbringing and never had to work. I am compelled to look for a job today. I found a position as a stores manager in a boutique but my leg was injured because my husband used to beat me and so, I could not stand for long hours. I have quit now. In such a state, if I have to put up with waiting among murderers and prostitutes in court, I feel almost suicidal.”
Advocate D Bhaskaran says police cases are always called before those of domestic violence, which means petitioners have to wait with criminals until their case comes up before the judge. Another litigant said family members were also affected. “It is hard for aged women to see their daughters lined up along with criminals. Young girls often feel discomfited by the men around them. Children pick up bad manners and words from the crowd. It feels awful to have to stand with so many accused persons. It makes you feel as if getting married is itself a criminal offence,” she said.