Indian Laws: Women Can Also be Booked for Domestic Violence
Indian laws aim to protect women from domestic violence but in an interesting development, it was held that domestic violence laws can also be used to prosecute women if they are guilty of domestic violence. In an affidavit filed with the Delhi High Court, the Women and Child Development Ministry has said that the main purpose of the Domestic Violence Act 2005 is to protect women from domestic violence not only from the male persons but also their relatives irrespective of the gender of the perpetrator.
Indian Laws: Petition by a Widow, Questioned the Invocation of Domestic Violence Law Against Women
The Indian government has outlined this stance in response to a petition by a widow who questioned the invocation of the law against women by a few courts in Delhi.
Varsha Kapoor, represented by her lawyer Arvind Jain, urged the court to strike down the section in the The Protection of Women from Domestic Violence Act 2005. The section allowed for the prosecution of women who are guilty of domestic violence.
Kapoor, has been booked under the Act on the basis of a complaint filed by her estranged daughter-in-law, and she was challenging a lower court’s order against her. The petitioner’s lawyers had also submitted that since the act did not mention that the person to be booked should be an adult or minor, it could also be misused against the minors.
Indian Laws: Domestic Violence as a Serious Criminal Offence
Indian laws relating to domestic violence are primarily meant to provide protection to the wife or female who live with a partner/husband or even from his relatives. While criminal law and various sections under the Indian Penal Code (IPC) recognize domestic violence as a serious criminal offence, the provisions deal with cruelty by a husband or his family towards a married woman. The law calls for an imprisonment of up to three years with fine for the perpetrators of the domestic violence.
The Protection of Women from Domestic Violence Act 2005 describes domestic violence 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 made to a woman or her relatives. The act provides for a breach of protection order or interim protection order by the respondent as a cognizable and non-bailable offence punishable with imprisonment. The imprisonment can be for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both.
Indian Laws: No Protection to Men
Indian laws, however, do not have any provisions for domestic violence against men. The Delhi High Court had recently quashed a petition challenging constitutionality of the Domestic Violence Act since it provided protection only to women.
The court in its ruling said, “We don't rule out the possibility of a man becoming the victim of domestic violence, but such cases would be few and far between, thus not requiring the protection from the Parliament."
The existing laws are very critical which need reformation. Domestic violence related to both man and woman.Men also require protection from the acts and rules and hence,laws requires modification and reformation in short and precise manner.When we are ready to provide 50% reservation to women, then there most be equality in every case. Most of the males are also victim in domestic violence due to poverty. They are not able to maintain their family at par with other rich people of our country which cause discontentment in the family. After marriage most of the women think that family means She herself,her sons and daughters and her husband.Than you think about the fate of old parents of both. Hence protection should be given equality and amendment to the laws may be done accordingly.
I would appreciate if the names used in this article are not real. Journalistic ethics call for name change if the subject under discussion can cause any harm to the public image of the individual.
Thank you for this feedback, Mayank. We will incorporate it from hereon except while discussing landmark rulings or decided cases by the Supreme Court.
What if a woman, with an ulterior motive for property, filed a false civil case on her husband, mother-in-law, father-in-law - which was dismissed after 10 years - for not attending despite repeated appeals.
The same woman now files a Domestic Violence case on her all sons, and mother-in-law after 10 years who is now a senior - senior citizen aged 78 years- has a broken leg, is anemic, passes blood in her stools and the organ almost comes down when she goes for nature's call, needs urgent operation but the doctors are worried about her deteriorating health and can prove fatal if her mental state is disturbed to withstand the operation.
She also does not stay under the same roof with her daughter-in-law and also has no emotional, physical, personal contacts with her for the last 10 years. In fact, none of her sons have any contacts since last 10-12 years.
This daughter-in-law had still the audacity to hoodwink the court by stating that her mother-in-law is in very good health and all the illness and pains are fake. She has also filed for false compensation; false dowry claims after 10 years. The elderly mother-in-law still presented herself in this condition on the date.
Please help with genuine advises -
How and Which law can protect a Sr. Sr. Citizen facing a genuine cruelty?
Can she file the same Dom.Viol. offence on her daughter-in-law
for the mental torturing?
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