Domestic Violence India Laws: Factors to Consider

A serious yet common crime in India, domestic violence is the abuse of power among family members to inflict physical, emotional or economic damage to a person. Women, especially married women, are the prime targets of domestic violence in India and the major contributing factors are poverty, drinking and lack of education. Children, and in some cases, other family members are also impacted by physical and other types of abuse. Indian laws primarily offer protection to married women or female live-in partners against domestic violence from husbands or male live-in partners and their relatives. India recognizes domestic violence as violation of human rights.

Problems Faced in Combating Domestic Violence India

Traditionally, issues related to domestic violence were considered as private matter even by the police.  However, increased awareness about the far-reaching effects of the problem has forced the government to view it as a serious problem with significant repercussions on the physical and the mental well-being of victims and their forthcoming generations.

A major problem faced by the Indian regulatory authorities in handling domestic violence is that most victims do no seek help from the police or other institutions. In fact, many hide it from their own families and friends. Another hindrance in the fight against domestic violence is women’s belief that a husband is justified in resorting to physical violence when the in-laws are not respected properly, or when the children are not cared for adequately. Women must be taught that violence or abuse of any kind by their husbands is unacceptable and must be stopped and reported to the authorities.

Domestic Violence India: Facts and Figures

A study by National Family Health Survey (NFHS) India has revealed that nearly one-third of women in the age group 15-49 have experienced physical violence, while about one in 10 have experienced sexual violence. An analysis of the NHFS figures reveal:

• The occurrence of physical or sexual violence is much higher in women amongst poorer households than amongst women in wealthier households.
• The incidence of domestic violence is quite high in case one or both the partners in marriage are uneducated.
• Spousal violence is lower amongst couples where both husband and wife have received equal education compared to households where the husband is more educated.
• The cycle of domestic violence is repeated across generations and women whose mothers were victims of domestic violence are more likely to suffer physical violence.
• Women married to drunkards are more likely to be victims of domestic violence
• Lack of education in either or both the married partners

So, lack of education, poverty, alcohol and drugs are some major causes of domestic violence in India. Domestic violence is also higher in cases where the woman is economically dependent on her husband or live-in partner.

Domestic Violence India: Legal Remedies to Consider

In India, domestic violence is treated as a serious criminal offence under the various sections of Indian Penal Code; however, these laws provide protection only to married women. In such cases, complaints against domestic violence can be made even by the victim’s relatives, and the punishment is imprisonment of up to three years with fine. Other victims of domestic violence are not covered under the sections.