INTRODUCTION
Domestic violence is abuse by one person to another in a domestic setting such as marriage or cohabitation. The violence can be from both the side, both men and women. But since India is a patriarchal country, there is dominance of men in every matter, which includes this also.
So, in our country cases of men facing violence from women is comparatively very less vis-a-vis violence faced by women against men. So, in order to protect women from such cruel acts of their in-laws, husband and the relatives of in-laws, certain provisions have been inserted in The Indian Penal code, 1860 as Sec 498-A which we will be dealing thoroughly in the present project report. And then in 2005, Protection of Women against the Domestic violence Act was enacted, which very precisely deals with the violence faced by women in India and what are the remedies available to them.
The types of Domestic violence are as follows:
Physical violence: This type of violence is very clearly visible. This includes slapping, kicking, brutally beating the spouse, undermining with any type of weapon or utilizing weapon. It is the deliberate utilization of physical power with the intention to cause damage, mischief, handicap or passing off.
Sexual violence: Sexual abuse includes any act of sexual nature that degrades the women’s dignity. Most common forms of sexual violence include marital rape. But as per Indian law marital rape is not considered as rape unless the partners are living separately.
Emotional violence: Emotional violence basically includes controlling what a person can or cannot do. It’s almost like the person is in the complete control of the spouse and their family.
Economic violence: This is the type of violence where the abuser has complete control over the monetary access to the victim. This also includes taking away all the monetary and other materials of worth from the victim and using them for their personal use. Economic abuse diminishes the victim’s capacity to support themselves and increasing dependence on the abuser.
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
As it has been mentioned earlier, The Protection of women from domestic violence Act deals with the violence faced by the women, procedure to approach the court and the remedies available to the victims. This act provides more effective protection of the right of women guaranteed by the Indian constitution, who are victims of violence of any kind occurring within the family and for the matters connected or incidental thereto.
Domestic violence: As per Sec 3 of The protection of women from domestic violence, “ any act, omission, or commission of conduct of the respondent shall constitute to domestic violence in case it:
1. Harms or injures or endangers the health, safety, life or limb, or well being whether mental or physical of the aggrieved person or tends to do so and also includes, sexual abuse, verbal or emotional or economic abuse; or
2. Harasses or harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
3. Has effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
4. Otherwise injuries or causes harm, whether physical or mental to the aggrieved person.
Domestic violence implies strict conduct of any violent of any forceful behaviour on the part of the spouse or the spouse’s family inside the home or any brutal fight between couple which may constrain a female companion to file for mental badgering fundamentally under Domestic Violence Act or different arrangements under Criminal Procedure Code, Indian Penal code. It can be perpetrated by your partner, any family member (natal or matrimonial), or a combination thereof.
About author –
This article is authored by Paarth Chopra, Final year BBA LLB(Hons) student at ICFAI Law School, Hyderabad.
