The Legal Action For Domestic Violence In India

Domestic violence is the term that is usually used if the violence is an act between the offender and the victim with a close relationship. There is also a gap of power between the offender and the victim. Domestic violence case is considered a public health issue because it affects a lot of individuals and often results in mental, physical and economic injuries and sometimes also death.

What Constitutes Domestic Violence

Domestic Violence Act, 2005, Section 3 says Domestic Violence is indicated by the following:

• Threat to Health, Life, and Safety. It can be mental and physical, and it could also be an abuse of a sexual, verbal, economic and emotional kind.
• Harassment of any form like injuries to the person affected by coercion or other people related to unlawful demands for property or dowry or valuable security like jewellery or other assets.
• Otherwise causing harm or injury, through Physical or Mental ways to the victim.

Different Types of Domestic Abuse

There are different types of domestic abuse, and some of them are as follows:

• Physical Abuse

Physical Abuse includes any kind of violent act that inflicts suffering and pain on the aggrieved person (Slapping, biting, kicking, hitting, beating etc.) It includes forcing somebody to use drugs/alcohol and denying somebody medical treatment if the person needs it.

• Economic Abuse

This happens if the abuser attempts or makes the victim reliant on him financially.

• Technological Abuse

This incorporates the use of technology for holding and controlling a partner.

Punishment Against Domestic Violence

There are several provisions or guidelines that are being provided for women’s safety when it comes to Domestic Violence. 

• According to the statute like Section 304B of the Indian Penal Code about death due to dowry harassment.
• Under Sections 313-316 of the Indian Penal Code, infanticide of a girl child has been declared punishable, and it implies terminating a woman’s pregnancy forcefully.
• Other Sections for The legal action for domestic violence in India include the Indian Penal Code that deals with these issues, Section 305 and Section 306 pertaining to Abetment of Suicide and Section 340 and Section 349 of the Indian Penal Code, respectively. Wrongful restraint or wrongful confinement.
• A complaint may also be filed under Section 498A of the Indian Penal Code for cruelty, and this falls under the category of domestic violence too.

Domestic Violence And The Laws

Domestic violence and dowry death are quite pervasive in our country, almost everywhere. On the whole, we know about people in our family and our friends who have confronted Domestic violence, or they may have been the ones on the giving end. But how frequently have we overlooked and done almost nothing as we have no idea what needs to be done?

There are many Laws in India and legal action for domestic violence in India that directly deal with the safety of women and their protection from their partners and their families. Here are some well-known laws:

• Protection of Women against Domestic Violence Act, 2005

It is the Indian Parliaments Act to safeguard women from Domestic Violence. This Act prohibits a broad range of sexual, physical, economic, and emotional abuse defined under this Act. It ensures security for women from men in the family. The Act’s extent covers not just the safety of married women but also those women who aren’t married but are in a live-in-relationship. According to this Act, a woman has the right to be free from all types of violence. According to this law, a woman can get protection against Domestic Violence, the Right to live, and Financial Compensation in the mutual home. They may get maintenance in cases where the women live separately.

The legal action against domestic violence in India guarantees that women get shelter and they can help themselves, and it also ensures the safety of women.

• Section 498A of the Indian Penal Code:

It is a law to protect women from their husbands and husbands’ family members who are ruthless. Under Section 498A of the IPC, if the husband’s family members or the husband himself harasses the woman for dowry, it is considered a Crime. The harassment may be mental or physical. Despite, Marital Rape not being deemed a crime in our country, forced sex may be regarded as cruelty. The legal action for domestic violence in India under Section 498A has a broad scope. The difference between 498A and domestic violence includes all harmful behaviour against women that forces the woman to commit suicide, risk her life, cause grave injuries or risk her limbs and overall health. Health here means the emotional, mental and physical health of women.

Conclusion:

Domestic Violence has increased rapidly. It is the harshest type of harassment that women endure in our society. To not raise our voice or take a stand against it can do irreparable damage to our society. Surveys show that the maximum number of victims of Domestic Violence are women. Nonetheless, men may also suffer from this. We may think we are ok but Domestic Violence may occur anywhere and with anyone, irrespective of race, religion, caste or creed. If Domestic Violence is not handled effectively, no woman is safe. As responsible citizens of India, we must stand together to protect everybody from Domestic Violence.