Domestic Violence : An Untamed Evil

In India, about 220 million women face domestic violence, which is statistically slightly higher than the global average and equivalent to the total population of Brazil.

Pervasive issue creating fear and subservience

Recognizing the severity of domestic violence problem, the Indian legal system has implemented various laws and legislative measures to protect survivors and hold perpetrators accountable. These laws encompass a wide range of provisions, from defining domestic violence to prescribing legal remedies and support services for victims.

Types

Domestic violence in India against women can vary from physical, sexual, verbal, and emotional abuse to economic exploitation.

• Physical abuse: Physical assault is the most apparent type of domestic violence in India against women. The Domestic Violence Act defines domestic violence as any act that causes bodily pain or endangers the victim’s life, limb, health, or development. Physical abuse includes assault, unlawful force, and criminal intimidation. These matters require immediate action, and women must take legal consultation from a lawyer.

• Sexual violence: Sexual violence against women is a kind of sexual/reproductive coercion. In general, marital rape should be considered sexual abuse. However, marital rape is not illegal unless the woman is under the age of 15. The Domestic Violence Act defines sexual abuse as “any sexual abuse that abuses, humiliates, degrades, or otherwise violates the dignity of a woman.”

• Verbal and emotional abuse: Verbal abuse involves comments or threats made by domestic partners during domestic violence in India against women. From a human rights standpoint, verbal abuse leads to emotional abuse, which is an extremely widespread type of domestic violence in India. A woman’s sense of self-worth is eroded when she is subjected to both verbal and emotional abuse.

• Economic abuse: The government’s inclusion of economic abuse among the categories of abuse under the Domestic Violence Act was a noteworthy development. Economic abuse is commonly defined as denying or threatening to deny the victim and her children access to financial resources/assets.

Legal Framework

In India, various laws have been enacted to address domestic violence and provide legal protection to survivors. Key legislations related to domestic violence include:

Protection of Women from Domestic Violence Act, 2005 (PWDVA): The PWDVA is a significant legislation aimed at preventing and addressing domestic violence against women. It defines domestic violence broadly to include physical, sexual, verbal, emotional, and economic abuse. The Act provides for the issuance of protection orders, residence orders, and monetary relief to survivors. It also establishes specialized courts and protection officers to handle cases related to domestic violence.

Indian Penal Code (IPC): The IPC contains several sections dealing with offenses related to domestic violence, such as cruelty by husband or relatives (Section 498A), dowry death (Section 304B), and outraging the modesty of a woman (Section 354). These provisions prescribe criminal penalties for offenses such as assault, harassment, cruelty, and sexual violence.

Indian Evidence Act, 1872: While not exclusively focused on domestic violence, this act provides rules for evidence in legal proceedings. Relevant in cases related to domestic violence.

Dowry Prohibition Act, 1961: This Act prohibits the giving or receiving of dowry in connection with marriage and aims to prevent dowry-related harassment and violence against women.

Criminal Law (Amendment) Act, 2013: The 2013 amendments to the IPC and other laws introduced stricter penalties for offenses such as rape, sexual harassment, and acid attacks. These amendments enhance the legal protections available to survivors of sexual violence and abuse.

National Commission for Women Act, 1990: Establishes the National Commission for Women (NCW) to safeguard women’s rights. NCW plays a role in addressing domestic violence.

Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: This Act mandates the establishment of internal complaints committees in workplaces to address complaints of sexual harassment. It provides for a safe and supportive mechanism for survivors to report incidents of harassment and seek redressal.

The Prohibition of Child Marriage Act, 2006: This act aims to prevent child marriages. Relevant when child brides face domestic violence

Protection of Children from Sexual Offenses (POCSO) Act, 2012: Specifically designed to address sexual offenses against children, this Act provides stringent penalties for perpetrators of child sexual abuse and ensures the protection and support of child survivors.

Legal Services Authorities Act, 1987: This Act facilitates access to legal aid and assistance for individuals unable to afford legal representation. Domestic violence survivors can avail free legal services through legal aid clinics and services provided by State Legal Services Authorities (SLSAs) and District Legal Services Authorities (DLSAs).

Domestic abuse in the context of same-sex relationships: Current laws primarily focus on heterosexual relationships, leaving same-sex partners vulnerable to domestic abuse without legal recourse.

Whom to Report?

• According to Domestic Violence Crime, any woman who has been harmed or anybody who has seen the act can contact the local Police Station or Protection Officer. To implement its instructions, the court might appoint a protection officer.

• The protection officer is a unique position designed to act as a link between victims of domestic abuse and the system. A complaint can also be filed directly with the magistrate to obtain orders of relief under the Domestic Violence Act.

• Anyone who gives information about the crime to the appropriate authorities is exempt from civil/criminal culpability.

• The court is obligated to schedule a hearing within three days of receiving the complaint.

• If the court determines that the complaint is legitimate, it will issue a protective order.

• A complaint can also be made under Section 498-A of the Indian Penal Code, which recognizes and punishes marital cruelty in case of domestic violence in India.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.