Domestic Violence Case in India
The domestic violence bill Passed by the Indian Parliament in 1983, Indian Penal Code 498A, is a criminal law (not a civil law) which is defined as follows,
“Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
The offence is Cognizable, non-compoundable and non-bailable
Domestic Violence: it includes elaborately all forms of actual abuse or threat of abuse of physical, sexual, verbal, emotional and economic nature that can harm, cause injury to, or endanger the health, safety, life, limb or well-being, either mental or physical of the aggrieved person.
Physical Abuse
Physical abuse is the most recognizable form of abuse. Perpetrators often use physical force, their bodies or other objects to injure the girl or woman. It does not always leave visible marks or scars. Do not underestimate or ignore what is happening to you, because, over time, the violence usually gets worse.
Emotional Abuse
Many women experience domestic violence without ever being physically abused. If you change or adjust your behaviour because you are frightened of how your partner/ other family members will react, you are being abused. Emotional abuse is an attack on your personality rather than your body.
Sexual Abuse
Your partner should not use force or threaten you to have sex. He should not make you perform sexual acts that make you uncomfortable. He should not criticise your performance. If he does any of the above, he is using sex to assert his authority and control over you.
Financial Abuse
One of the most powerful ways a man can control his partner is through financial abuse. There are many different forms of financial abuse, but it might include things like your partner taking your money, stopping you from working or placing all the bills or debts in your name. If you feel that your partner is limiting your financial independence, you are experiencing financial abuse.
If you are facing domestic abuse, you are entitled to legal rights safeguarded by The Protection of Women from Domestic Violence Act, 2005.
There are three laws in place in India that deal directly with domestic violence: The Protection of Women from Domestic Violence Act, 2005. The Dowry Prohibition Act, 1961. And Section 498A of the Indian Penal Code.
The Protection of Women from Domestic Violence Act, 2005 is a civil law that provides protection to women in a household, from men in the household.
This law not only protects women who are married to men but also protects women who are in live-in relationships, as well as family members including mothers, grandmothers, etc.
Under this law, women can seek protection against domestic violence, financial compensation, and the right to live in their shared household, and they can get maintenance from their abuser in case they are living apart.
The second law is the Dowry Prohibition Act. This is a criminal law that punishes the taking and giving of dowry. Under this law, if someone takes, gives or even demands dowry, they can be imprisoned for 6 months or they can be fined up to Rs 5,000 by the court.
According to The Protection of Women from Domestic Violence Act, of 2005, survivors of domestic violence are entitled to the following:
- Monetary relief and maintenance : You are entitled to maintenance, including loss of earnings, medical expenses, and damage to property.
- Protection : After you approach the police, a magistrate can pass orders to stop the offender from committing violence towards you, interacting with you, taking away your assets, or intimidating your family or support network.
- Residence : You cannot be evicted from the shared household.
- Compensation : You can claim damages for mental and physical injuries.
- Custody : The court can grant you temporary custody of children. It can also pass an interim order to prevent violence before the final order.
