Indian Laws and the Problem of Domestic Violence

Domestic violence is a serious problem in India that needs to be dealt with seriously. It refers to the abuse of power through violence and other forms of abuse either physical or mental. Although in India, women are the prime targets of domestic violence, children and other family members are also impacted by physical and other types of abuse.

Indian laws relating to domestic violence are primarily meant to provide protection to the wife or women who live in as a partner with the husband or the male lives in partner with his relatives. These laws also extend protection to other women who are sisters, widows or mothers from domestic violence.

Indian Criminal Law: Domestic Violence Recognized by Penal Code and Evidence Act

Till 2005, the only recourse for victims of domestic violence was the criminal law and the various sections in the Indian Penal Code which provided for the punishment of the abuser. Section 498- A of the India Penal Code (IPC) recognizes domestic violence as a serious criminal offence and also deals with cruelty by a husband or his family towards a married woman. The complaints in such cases can even be made by the victim’s relatives and the punishment is imprisonment of up to three years with fine. Apart from this, sections 304B and 406 of IPC and Section 113A of Indian Evidence Act aim to protect women from marital domestic violence and abuse.

However, all these provisions are applicable only to married women and do not offer any remedies for the victims of the domestic violence.

Indian Civil Laws: Domestic Violence Definition Includes Acts of Sexual Violence

The Protection of Women from Domestic Violence Act 2005 was brought into force by the Indian government from October 26, 2006. The law describes domestic law as “actual abuse or the threat of abuse whether physical, sexual, emotional or economic.”  The definition also covers harassment by way of unlawful dowry demands to a woman or her relatives.

As per Indian laws, acts of physical violence amongst women include:

• pushing
• shaking
• throwing something
• slapping
• arm twisting
• hair pulling
• punching
• kicking
• dragging
• beating
• trying to choke or burn
• threatening or attacking with a weapon

The acts of sexual violence include a husband physically forcing the woman against her will to have sex or perform other sexual acts that she does not want to perform. The law also covers forcing a wife or a partner to look at pornography.

The law treats emotional violence as saying or doing something to humiliate the women in front of others, threatening to hurt or harm her or someone close to her and insulting her or making her feel bad about herself. Economic abuse refers to actions that aim to control and limit the availability of economic resources and prevent women from becoming economically self sufficient. Even women can be booked for initiating domestic violence, read here

Relief Measures offered by Indian Law to Domestic Violence Victims

The Protection of Women from Domestic Violence Act 2005 includes several relief measures for the victims such as given below:

• It provides courts with the power to pass protection orders to prevent an abuser from aiding or committing an act of domestic violence.
• The court can also restrain the abuser from entering a workplace or any other place visited by the victim and prevents the former from attempting to communicate with the victim.
• The Act provides for a woman’s right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household
• The Act also allows for authorization of NGOs and other agencies to assist the victims of domestic violence

picture source : unilawbooks