Punishment for Domestic Violence in India

What is domestic violence?

Domestic violence means administering fear to an individual in a domestic household. In India, patriarchy is prevalent and this submissiveness is imposed on women by men to maintain the power structure and self-gratification.

What constitutes domestic violence

Section 3 of the Domestic Violence Act of 2005 described domestic violence as

Threat to health, life, and safety- Any conduct that endangers the health, life, and safety of the victim constitutes domestic violence. Such conduct includes mental physical or sexual abuse.

Harassment- Any conduct that causes coercion on the victim or the people associated with the victim. Such harassment includes unlawful demand for dowry, property, jewelry, or other valuable assets.

• In the case of Vajresh Venkatray Anvekar v. State of Karnataka, it was held that one or two incidents of beating cannot lead to woman to commit suicide.

Types of domestic violence against women

Physical Abuse- Physical abuse includes slapping, hitting the head on the wall, strangulation, hitting, choking, depriving them of food, sleep, or medical care, and threatening or harming the victim's loved ones. It also includes aggression, isolation, manipulation, and having control.

Sexual Abuse- Sexual abuse includes having forceful sex with one's spouse without their consent. This is called marital rape and it has not been criminalized in India because people here believe that women are men's property after marriage with no dignity. It also includes forcefully aborting victims' pregnancies or refusing them to use contraceptive pills.

Verbal and Emotional Abuse- It includes passing threatening emotional or harassing remarks against one's spouse.

Economic Abuse- Economic abuse includes forcing one's spouse to sell their assets, sign documents, or make a will. And if a woman is financially dependent on their husband it can lead to a stoppage of spending any amount without their husband's consent.

What causes domestic violence in India

• Sociological/Behavioral Factors: Factors related to sociological behavior include bipolar disorder, stress, depression, poverty, economic hardship, social status differences, dominant nature, drug addiction, anger issues, lack of confidence, etc.

• Historical Factors: The male-dominant society and the superior attitude that persisted for generations can be linked to historical factors.

• Religious Factors: The religious sanctifications show a subdued sort of dominance over women if not one that is overt and obvious.

• Cultural Factors: In India, Husbands are treated as & quot Parmatma& quot i.e. God. So, if a woman is disobeying her husband that means she is disobeying God. Therefore, victims are made to believe that they should suffer in silence and not leave that marriage otherwise they'll be prone to the wrath of God.

• Dowry: One type of socio-cultural element is dowry. However, it is now crucial to bring it up individually due to the numerous domestic violence instances brought on by illegal dowry demands. The Domestic Violence Act's inclusion of dowry-related domestic violence as a separate category under & quot abuse resulting in domestic violence& quot helped the Parliament recognize this.

Who Can Avail Remedies Under the Domestic Violence Act, 2005?

Section 2(a) of the Domestic Violence Act of 2005 defines an aggrieved person as a & quot woman& quot who is or has been in a domestic relationship. Thus, even if the woman is no longer in a relationship with the perpetrator then also she can avail remedies under this act.

What is the procedure to file a report against domestic violence for women?

• When you have been subjected to domestic violence then you should complain about it to a police officer and get your medical done as proof.

• If your condition is such that you cannot go to the police station for a written complaint then you can dial 100 ( police helpline ).

• Complaints regarding mental or physical violence can be filed in court but at the time of filing the complaint every incident and fact of the torture must be stated.

• Do not delete abusive texts or emails etc. as it can be used as proof.

• A protection officer is appointed by a court to execute the orders. The victim can also directly complain to the magistrate to seek relief.

• The court is required to hear the case within three days of the complaint being filed and if it finds that the complaint is true it may pass the protection orders.

What are the duties of the Protection Officer?

The Protection Officer is responsible for helping women facing abuse in relationships by aiding them in securing the order under the Act.

Punishment for Domestic Violence under the Indian Penal Code & Criminal Procedure Code

Domestic violence in India is regulated through two legislations Indian Penal Code and the Code of Criminal Procedure.

Section 498-A: Cruelty

Sec 498A of the IPC was added after the Criminal Law (Second Amendment) Act. The purpose behind adding this clause is to safeguard married women from being subjected to cruelty by the husband or his relatives for dowry and to punish him or them if he or they do so.

As per this law, the punishment for subjecting cruelty to a married woman is up to 3 years of imprisonment along with a fine.

The expression & quot cruelty& quot has been defined in wide terms such as inflicting physical or mental pain, harassing her, coercing her or her family members to meet an unlawful demand for any valuable security or property, or abetting her to suicide. Cruelty is a comparable phrase, making it difficult to define using a definition. What one person may deem cruel may not be considered cruel by another.

The complaint under this provision can be filed by the aggrieved woman or by her blood relation, marriage, or adoption. It is a cognizable offense i. i.e., a case in which a police officer can arrest the accused without any warrant. Moreover, it is a non-bailable offense.

To complain to this Section following requirements are necessary to be satisfied-

1. She must be a married woman.

2. She must be subjected to cruelty.

3. Such cruelty must be shown by her husband or his relatives.

There are ugly facets of this Section. Many women for varying purposes make false allegations about the husband and his family and make them prone to humiliation and insult. Nowadays, many women are using this section as a weapon instead of using it as a shield. Every year, a large number of these fake reports are filed which lengthens the list of unsettled court cases.

Section 125, CrPC: Maintenance Orders

Maintenance orders for spouses, kids, and parents may be obtained under Section 125 of the CrPC. Instead of imposing harsh penalties, this clause seeks to prevent burdens. The term & quot wife& quot has a broad definition under Section 125, including not just married women but also divorced women, second wives, and women in live-in- relationships. Women whose marriages are null and void are excluded, nevertheless.

Remedies Under the Protection Of Women Against Domestic Violence Act, 2005

• Protection Order: A protection order is a legal restraining measure that forbids the perpetrator of domestic abuse from accessing the residence of the victim, place of employment, or any other designated location. The goal of the order is to shield the victim from more abuse

• Residence Order: A decision by a court known as a & quot Residence Order& quot enables the victim to live wherever they choose, including the joint home. An injunction preventing the abuser from evicting the victim or meddling with their possessions may also be included in the order.

• Monetary Relief: The victim may be entitled to financial compensation for losses incurred as a result of domestic abuse, including medical costs, lost wages, and destruction of property. The victim's actual losses may be used as the basis for the court to grant financial relief.

• Custody Order: A custody order is a legal document that outlines the terms for the children's care and upkeep. If the victim has kids and wants to keep them away from the abuser, they can seek a custody order.

• Compensation Order: A court judgment known as a & quot Compensation Order& quot gives the victim money in exchange for the harm and injuries the abuser has inflicted. Depending on the extent of the harm and how the abuse affected the victim's life, the court may grant compensation.

• Interim Order: Before the final order is given, the victim receives immediate relief under an interim order, which is a temporary court order. If the court determines that there is a prima facie case of domestic abuse, it may issue an interim order.

Can a man lodge a case for Domestic Violence?

There is no provision in the Domestic Violence Act of 2005 for men to lodge a case of domestic violence against women. An unhappy man can file for divorce or judicial separation on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act of

The Indian laws are silent on the laws required to protect men from domestic violence. The Supreme Court in the cases of Narayan Ganesh Dastane v. Sucheta Narayan Dastane and Hiral P Harsora v. Kusum Narottamdas Harsora recognized the need to add certain provisions to protect men from domestic violence cases.

Remedies for men against domestic violence

The Indian Penal Code, of 1860, includes different provisions for different offenses, such as inflicting harm, causing serious harm or causing harm voluntarily, and wrongful constraint and incarceration. Domestic abuse is frequently addressed under these clauses, which carry the risk of jail time or financial penalties. Criminal Force and Assault are addressed under Sections 349 to 352, 355 & 357, which also include remedies for using criminal force to damage someone. Although the Indian Penal Code is harsh, executing the Domestic Violence Act is a helpful way to defend people's rights and those who are struggling with violence, challenges, or concerns in their marital homes.

What is the procedure to file a report against domestic violence for men?

A man who has been proven to have been subjected to domestic violence can file a writ petition or lodge an FIR under any section of the IPC.

Why do you need a lawyer?

In India, Lawrato is an online platform that offers legal aid to domestic violence survivors. They have experienced experts who prioritize security, guide them through legal processes, and enlighten the survivors about their rights.

You can also use LawRato's Free Legal Advice service to get free advice on your case from expert divorce/matrimonial lawyers.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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