DOMESTIC VIOLENCE AND THE PENAL LAWS
By: Navya Shukla
Tags: Indian Penal Code, Equal Rights, Violence Against Women, Legal, Domestic Violence

As the title expresses domestic violence and the laws which protect from the same, we may discuss in detail further in this article.

What is Domestic Violence?

As per the Section 3 of the Domestic Violence Act, 2005:

For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it —

a) harms or injures or endangers the health, safety, life, limb or well‑being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

b) harasses, 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

c) will put someone who is the victim of one of the acts described in Clause (a) or Clause (b) in fear.

d) Otherwise, the injured individual can suffer either emotional or physical harm. The first explanation: For the purposes of this provision, the following definitions apply:

(i) “Physical abuse” means any act or action that is dangerous and could result in bodily harm, pain, or even death, and includes assault, the threat of attack, and bodily harm or even death.

(ii) “Sexual abuse” covers any behaviour of a sexual character that is degrading, humiliating, or violating of a woman’s dignity.

(iii) “Verbal and emotional abuse” consists of the following:

insults, mockery, humiliation, pejorative names, as about not having a child or a male child; and Using threats to harm another person because of some personal interest is an act of harassment, as described in the law.

(iv) “Economic Abuse”-

(a) lack of financial or economic resources that include, but are not limited to, necessities such as food, clothing, and shelter for the aggrieved person and her children, if any, and maintenance or property, which is shared with another person, is considered deprivation of resources.

(b) household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds, and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan, including any such property jointly or separately held, being disposal of these assets, and any alienation of assets whether movable or immovable, valuable items, shares, securities, bonds, and the like, or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children.

© To continue using/enjoying the resources/facilities one has a right to use or enjoy in one’s domestic partnership is prohibited/restricted. Second explanation: The overall facts and circumstances of the case shall be taken into consideration in order to ascertain whether any act, omission, commission, or conduct of the respondent constitutes “domestic violence” under this section.

If you are experiencing domestic abuse, talk to your partner about the signs of abuse. Do not be afraid to seek help if you feel like there is “no way out” of the relationship. If you want to stop the abuse, contact a domestic violence helpline.

There are also certain Penal laws framed to protect an individual from the Domestic Violence:

1. 498A of Indian Penal Code:

Cruel spouse or relative of the Husband– A husband or a relative of her husband who cruelly treats his wife is subject to a three-year jail sentence and a fine. Explanation. –

a. any willful conduct likely to drive the woman to suicide or cause grave injury or danger to her life, limb or health (whether mental or physical).

b. any harassment of the woman with the intent to coerce her to meet any unlawful demand for any reason. If a woman is exposed to abuse or harassment, her husband or a relative of her spouse must be responsible.

i. Any “willful” conduct of a kind that is likely to drive the woman to commit suicide; or

ii. any “willful” conduct that is likely to cause serious injury to the woman; or

iii. any “willful” act that puts her life, limb, or health in danger. Harassment is also illegal if it is used to coerce a woman or a family member into paying an unlawful demand for property or valued security.

Section 498-A clearly does not criminalize every abuse or harassment. The facts speak for themselves in instances of physical aggression and damage to life, limb or health.

The legislation addresses four kinds of cruelty: The following are examples of harassment:

(i) Harassment to force a woman or her relatives to provide property.

(ii) Harassment because a woman or her relatives are either unable to give more money or do not give a share of the assets; and

(iii) Harassment for any other reason.

2. Protection of Women from Domestic Violence Act, 2005

The Act’s highlights are as follows:

It includes women who are or have been in a shared household connection with the abuser and are related through consanguinity, marriage, a relationship in the form of marriage, or adoption. Relationships between members of a shared family are also covered. The proposed law protects sisters, widows, mothers, single women, and women living with the abuser. It is important to note that, although the Act allows the wife or female partner to make a complaint against any male relative, it does not allow any female relative to do so.

Domestic violence is defined as real or threatened physical, sexual, verbal, emotional, or economic abuse. This term also includes illegal dowry demands made to the lady or her family.

It gives the aggrieved woman the right to live in a shared home, whether she owns it. In fact, a non-female responder may be ordered by the Act to leave the shared home, find an alternative residence for the aggrieved lady, or pay rent for the same.

The Act provides for protection orders, monetary relief, custody orders, and compensation orders for the injured lady.

The abuser is prohibited from entering a workplace or any other place frequented by the abused, communicating with the abused, isolating any assets used by both parties, and causing violence to the abused, her relatives, or anyone who have been assisting the abused with medical care, legal help, and secure housing is provided by non-profit organisations.

If the Magistrate is convinced that domestic violence has occurred, he may issue a restraining order. The court may also instruct the officer in charge of the closest police station to safeguard or assist the aggrieved individual. The Magistrate may order the respondent to pay monetary compensation for the aggrieved person’s and her children’s damages. The Magistrate may impose lump sum or monthly maintenance payments depending on the situation. He may even order an employer or a creditor to compensate the aggrieved.

The Magistrate may order the respondent to pay compensation and damages for injuries, including mental torment and emotional anguish.

CONCLUSION:

As long as we have seen instances of domestic violence in every age, we will continue to witness examples of it. Also, during the lockdown, there was an upsurge in domestic violence instances, which was an unfortunate coincidence. As a result, this is seen as a travesty since the victims never had the aid or consolation or bravery to fight for their rights. Thus, it may be concluded that the laws were established to preserve the integrity and well-being of individuals and to shield them from mental and physical suffering. Only willingness to speak up for oneself and knowledge of the situation are required. This issue requires attention no matter what level of education or status one has. As Indians and human beings, we must come together to win this great battle in order to provide everyone equity and eliminate domestic violence, such as domestic violence.