Domestic Violence Laws in India for Protection of Women

What is Domestic Violence?

Domestic Violence is a global issue. It is an act to assert control and dominance within the household, often leading to fear, trauma, emotional or physical harm to the victims. The domestic violence can impact anyone, regardless of age, gender or sexual orientation. It is a systematic method to instil subservience and fear in an individual in a domestic environment. In India, domestic violence is typically suffered by an individual at the hands of their biological relatives, mostly the violence is suffered by the women from the male members or relatives in family. Domestic Violence Act was enacted in 2005 wherein the Domestic Violence has been defined. Prior to the Domestic Violence Act, the law governing cases of domestic violence in India were regulated by Section 498-A of the IPC.

As per the provisions laid down in the Act, Domestic Violence means injuring or harming a woman in a domestic relationship/household. The said violence includes emotional, economic, physical, sexual and verbal abuse within its ambit. The abuse under the Domestic Violence Act also includes the threat of abuse apart from actual abuse. Harassment caused owing to unlawful dowry demands from woman or her relatives is also covered under the definition of domestic violence as per the Act. The provisions as laid down in the Act protects wives or female live in partners from violence at the hands of the husband or male live-in partner including his relatives.

Types of Domestic Violence against Women

• Physical: The most prevalent form of domestic violence is physical abuse which often leaves scars and injuries on the victim. It includes hitting, punching, kicking and acts wherein physical harm is caused to the victim.

• Sexual: Sexual violence includes rape, sexual assault, amongst others. Marital rape, however, remains a contentious issue, as it often goes unreported owing to societal taboos and legal ambiguities.

• Emotional and Verbal: Emotional and verbal abuse is attacking a victim's self-worth and psychological well-being by insulting, threating, manipulating and gaslighting the victim. Emotional and verbal abuse can affect victim's confidence, leaving the victim feeling isolated and powerless in long run.

• Economic: Economic abuse involves controlling assets, financial resources and thereby trapping the victim in a cycle of dependency which ultimately makes it difficult for victims to leave abusive relationships or become independent.

Physical Abuse Vs. Emotional Abuse

Physical abuse is most visible form of abuse. Emotional and psychological abuse may not be visible since the same would not leave physical marks, but such abuse can be as destructive as physical abuse, which may lead to anxiety, depression amongst others to the victim. Emotional abuse though not visible tends to have a greater impact compared to physical abuse. Emotional abuse often goes unnoticed since there are no scars on the body or physical injury caused to an individual. However, physical abuse as well as emotional abuse both are equally traumatising and may leave the victim feeling under confident, lead to isolation and thereby affecting the quality of life of such victim.

Punishment

Any individual being the husband or any relative of the husband who is accused of domestic violence shall be punished with imprisonment which may not exceed a period of 3 years and shall also be liable to fine under the provisions of the Act.

Remedy Available to Women Under the Act

1. Filing a Police Complaint
2. Approaching a competent Court

Jurisdiction

A victim can approach a police station/competent Court wherein

1. Matrimonial home of the victim is situated.
2. Place wherein violence took place.
3. Place wherein the victim is residing.

Acts Constituting Domestic Violence Against Men

Men are also victim of Domestic Violence, however violence against men is not considered serious. The acts constituting domestic violence against men are more of mental, verbal and emotional violence as compared to physical violence. The impact of domestic violence against men is less apparent compared to domestic violence against women. Emotional humiliation caused to a man can prove to be more devastating than physical abuse.

Although Domestic Violence is commonly perceived as violence against women, it's vital to recognize that often men can also be victims of domestic violence and warrants attentions even though the ratio of male victims of Domestic Violence is less compared to women victims. The Domestic Violence Act does not lay down any provision for protection of men against domestic violence.

Conclusion

The Domestic Violence Act contains provisions for protecting the women against domestic violence caused by men in a domestic setup. However, the Act is silent on the remedies available to men against the Domestic Violence so caused to them and thereby leaving them remediless under the said Act. The Act contains the punishment to be given to the accused if found guilty of cruelty against women.