On papers, women hold a society’s index of cultural and spiritual attainment. But, we know how much truth this statement holds, don’t we? From birth to her death bed, a woman’s life is a struggle. Know your rights! Know the domestic violence laws in India.
What does domestic violence signify?
- Domestic violence basically means any violent or aggressive behavior of any person within the home.
- A violent quarrel between a couple which may force a female spouse to file for mental harassment under domestic violence act and other provisions of Indian Penal Code (IPC) and Criminal Procedure Code (CrPC).
- According to the new laws in India, men can also file for domestic violence which can come under the category of domestic abuse, family violence arising in the relationships such as marriage including relationships with family members, family friends etc. and it can be in various forms such as physical aggressions, sexual abuse, emotional abuses etc.
What is the Domestic Violence Bill?
Domestic Violence Bill is a Bill that provides all women in the domestic relationship, whether marriage or live-in, a right to seek legal action against her male partner if she perceives her male partner’s conduct is a form of domestic violence. If the complaint is lodged, a protection officer, predominantly a female, will pass restraining orders and give a second chance to reconcile. If the woman complains yet again, the male partner, irrespective of his family background and social status, will be convicted with 1-year imprisonment and fine of Rs. 20,000/- without any further enquiry.
In 2016, the Supreme Court struck down the words “adult male” from the pertinent provision in the Domestic Violence Act to lay down that a woman can also file a complaint against another woman, accusing her of domestic violence.
Under Section 2(q) of the 2005 Act, a complaint can be made only against an “adult male person”, thereby insulating women from being accused of offences mentioned under the law.
What constitutes domestic violence?
Section 3 of the Domestic Violence Act, 2005 states what constitutes domestic violence: –
(a) Threats to health, safety, life etc., whether mental or physical, including physical abuse, sexual abuse, verbal and emotional abuse and economic abuse
(b) Harassment through any forms such as harms, injuries to the aggrieved person by coercing her or any other person related to any unlawful demand for dowry or other property or valuable security
(c) Injuring or causing harm, through physical or mental means to the aggrieved person.
Domestic violence can be filed against whom?
In the present day scenario, complaint can be filed 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 other family members such as mother-in-law, father-in-law, brother-in-law etc. or any relative of the husband or male partner.
In 2016, the Supreme Court struck down the words “adult male” from the pertinent provision in the Domestic Violence Act to lay down that a woman can also file a complaint against another woman, accusing her of domestic violence.
Under Section 2(q) of the 2005 Act, a complaint can be made only against an “adult male person”, thereby insulating women from being accused of offences mentioned under the law.
Punishment against Domestic Violence:
- There are various regulations or provisions being made for protection of women against domestic violence under the statute such as Sec.304B of IPC pertaining to dowry death.
- Under section 313-316 of IPC female infanticide has been made punishable which means forcefully terminating the pregnancy of a women.
- Other sections of IPC dealing with these issues are section 305-306 related to abetment of suicide and 340,349 of IPC respectively wrongful confinement and wrongful restraint.
- A complaint can also be filed under section 498A of IPC for cruelty which also falls under domestic violence.
Is domestic violence gender neutral?
Yes, domestic violence in India is gender neutral because according to research and studies, it is clear that the number of men and women who commit violence toward each other is equal but women are more likely to report act of violence then men in India.
The reason for violence both in men and women are different –
- men turn violent when they feel a sense of powerlessness such as when they are not able to overcome what they want
- women turn violent when they are frustrated or do not get their spouse’s attention.
Hence it can be said that men and women are both the victims of domestic violence and hence an inclusive approach must be taken to help families resolve conflict.
What should a victim of domestic violence do?
- Call 100 or 1091(women emergency helpline number) and report it to the concerned authority.
- If possible, write down the police report or incident number and keep with records.
- Seek medical attention if required.
- Move to domestic violence shelter as stated under section 6 of protection of women from Domestic Violence act, 2005.
- Seek support of caring people on whom you trust or who would maintain your privacy.
- File for protection order as stated under section 18 of Domestic Violence act so that the abuser can stay away from you.
Despite a lot of pessimism, law in India prevails and it’s there to protect you from harm. All you have to have is a little faith in the system.
Information Sources: Law Farm, 498a.org, Feminism In India
