Prarthana
LAWS AGAINST DOMESTIC VIOLENCE IN INDIA
Prarthana Kumari 3 Sep 2020

LAWS AGAINST DOMESTIC VIOLENCE IN INDIA

WHAT IS DOMESTIC VIOLENCE?

Domestic Violence, which is also known as Intimate Partner Violence, Domestic Abuse, Dating Violence and Intimate Partner Abuse, is a type of violence committed by someone in the victim’s domestic circle. This incorporates partners & ex-partners, family members, close relatives and family friends.

The term “Domestic Violence” is used when there is a close relationship between the victim & the offender. Usually, there is a power gap between victim and the offender. Domestic Violence is a major Public Health Issue in that it affects a large number of individuals and many time results in physical, mental and economical injuries & even deaths.

WHAT CONSTITUTES DOMESTIC VIOLENCE

Section- 3 of the Domestic Violence Act, 2005 says that what comprises Domestic Violence as indicated by which Domestic Violence will include: -

(a) Threats to Life, Health & Safety etc., whether Physical or Mental, incorporating Sexual Abuse, Physical Abuse, Verbal and Emotional Abuse and Economic Abuse, or

(b) Harassment through any forms such as injuries, harms to the aggrieved person by coercing her or any other person related to any unlawful demand for dowry or other property  or valuable security; or

(c) Otherwise injuring or causing harm, through Mental or Physical means to the Aggrieved Person.

AGAINST WHOM DOMESTIC VIOLENCE CAN BE FILED

In the current day situation, complaint can be lodged against any Adult Male Member who is in a Domestic Relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act including the other members of the family, for example, Father-In-Law, Mother-In-Law, Brother-In-Law etc. or any relative of the male partner.

 TYPES OF DOMESTIC ABUSES

·     Physical Abuse: It include any sort of violent conduct inflicted on the victim (Slapping, biting, beating, hitting, kicking, etc.) It also includes forcing someone to use Alcohol / Drug and denying someone’s medical treatment.

·      Sexual Abuse: It happens when the abuser forcefully try to make physical contact with victim without his/her consent. This mostly takes the form of Marital Rape, Physical Violence followed by sex, attacks on the sexual parts of the body.

·    Emotional Abuse: It implies discrediting or emptying the victim’s sense of Self-Esteem. Emotional abuse also includes constant humiliation, insults, threats of harm, belittling, threats to take away children.

·       Economic Abuse: It happens when the abuser makes or attempts to make the victim financially reliant.

·       Technological Abuse: It incorporates the utilization of technology to hold and control a partner.

PUNISHMENT AGAINST DOMESTIC VIOLENCE

  • There are various guidelines or provisions being made for protection of women against Domestic Violence under the statute such as Section 304B of Indian Penal Code relating to dowry death.
  • Under Section 313-316 of Indian Penal Code female infanticide has been made punishable which implies forcefully ending the pregnancy of a women.
  • Other Sections of Indian Penal Code dealing with these matters are Section305-306 related to Abetment of Suicide and 340, 349 of Indian Penal Code respectively wrongful confinement and wrongful restraint.
  • A complaint can also be lodged under Section 498A of Indian Penal Code for Cruelty which also falls under DOMESTIC VIOLENCE.

 LAWS ON DOMESTIC VIOLENCE

DOMESTIC VIOLENCE and DOWRY DEATH are pervasive in India. Also, I mean it's everywhere. We as a whole know about individuals in our families or among our companions who have eventually confronted Domestic violence, or have executed it. But how often have we looked away and done nothing because we don’t have any idea what to do?

There are several Laws in India which directly deals with the protection of married women from her partner and her partner’s family.

[1] -Protection of Women against Domestic Violence Act, 2005

This is an act of the Indian Parliament enacted to protect women from Domestic Violence. It prohibits a wide range of Physical, Sexual, Emotional & Economical abuse against women and all these are broadly defined under the Act. It provides security to women in a family from men in a family. The extent of the Act covers not only the protection of women who are married to men but also women who are in Live-in-relationship, just as family members including Grandmothers, Mothers, etc. A women has right to be liberated from any type of violence under this Act. Under this law, women can look for security against Domestic Violence, Financial Compensation, Right to live in their mutual house and they can get maintenance from their abuser in case they are living separated.

This law is to guarantee that women don’t get kicked out of their own house and can support themselves if they have been abused. It also ensure the protection of women from their abusers.

[2]- Section 498A of the IPC (Indian Penal Code)

This is a Criminal Law, which applies to husbands or family members of husband who are merciless to women. Under Section 498A of the IPC, harassment for Dowry by the family members of the husband or by husband is recognized as a Crime. This harassment can be of any type either Physical or Mental. Despite the fact that Marital Rape isn’t considered as a Crime in India, forced sex with one’s wife can be viewed as Cruelty under this Section. Section 498A has a vast scope. It also includes any and all intentional behaviours against a women which force the women to attempt suicide or risk to life or grave injury or risk to limb or overall health. Here, health incorporates the physical and mental health of the women.

 [3]-Dowry Prohibition Act, 1961

This is a Criminal Law that punishes the giving and taking of Dowry. The tradition of dowry itself is banned under the Dowry Prohibition Act, 1961. According to this law, gives, takes or even demands dowry, they can be imprisoned for a half year (i.e. for 6 months) or they can be fined upto Five Thousand Rupees.

CONCLUSION

Domestic Violence increases rapidly day by day specially in Lockdown. It is one of the most appalling kind of harassment endured by the women in our surrounding today and we are not raising our voice against this violence seriously. All the laws are left in the papers only and reality is apart from this. Survey shows that maximum percentage of victims of Domestic Violence are female but men are also suffering from this problem. We are not raising our voice seriously because we thought we are safe but we are wrong because Domestic Violence can take places with anyone, despite the fact of race, religion, creed or caste. If the problem of Domestic Violence is not dealt with adequately, this kind of abuse will keep on existing in all classes of society without an end. So, as a citizen and young generation of India, we have to stand together and make strict laws to protect the victims of Domestic Violence.

REFERENCE

[1]- www.thenewsminute.com

[2]- http://www.legalserviceindia.com

[3]- www.shethepeople.tv

[4]- www.lawfarm.in


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