File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Domestic Violence A Pressing Issue

The most beautiful human creature created by the almighty is a women. A women who is the backbone or a foundation to her family and her society ,who gives birth to a life ,nurtures a life, strengthens it, who is transmitter of the tradition and instrument through which culture is preserved, the greatest tragedy is that grave injustice done to her. She faces the violence done to her on the basis of her illiteracy, colour, caste, her political and family background, her physical appearance, her financial conditions, her parents incapability to pay her in-laws and many more social evils prevailing in the society. Men and women are both equal in human rights.

Women's are discriminated in the male dominating society. These activities performed in the society results that a woman fails to understand her own rights and freedoms which are provided to her by law. Thus, domestic violence not only hampers women but also impedes the country growth. This paper deals with meaning of domestic violence act, 2005 and several forms, laws given under this act. This paper also deals with the loopholes and salient features of Domestic Violence Act,2005.

Introduction:
Domestic Violence is the crime done in the close doors which is considered as a private matter of a family. The domestic violence is made up of two words "domestic" and "violence" which means household and aggressive act respectively. Domestic violence is an violent or an aggressive behaviour within the home, typically done between her domestic circle. She is not allowed to utilise her own human rights such as education, a hygienic environment, her own independence.

In India, there are many houses where a woman is considered as a slave. This situation is also a reason behind our country is lacking in development. The domestic violence was firstly defined in Indian Penal Code, 1860 under section 498A states that " Husband or relative of husband of a woman subjecting her to cruelty.

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.

Explanation: For the purpose of this section, "cruelty" means:
  1. any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
  2. harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

The domestic violence act was introduced in 2005 by legislature because of increasing cases of domestic violence. In 1983, by incorporating section 498-A into the Indian Penal Code, domestic abuse was accepted as a special criminal offence. This section is about the cruelty against a woman by her husband or in-laws.

The parliament had passed a Domestic Violence Protection of Women Bill in 2001, entitled "Protecting and ensuring the rights of women victims of any violence in the family, including related or incidental issues". This bill was passed in 26 November 2006. In our country there is a one most popular saying in manusmriti stated below

Means:
Where women are worshiped, there lives the Gods. Wherever they are not worshiped, all actions result in failure. This sloka is enough to tell the position of women in the Vedic era the woman was considered equal to men there was no discrimination, no domestic violence was there with women's, no dowry deaths were there. She had equal status with her husband.

Law cannot change a society overnight but what law can certainly do is to ensure that the disadvantage are not given a raw deal. The court can however, certainly go beyond mere legality insulating women against injustice suffered due to biological or sociological factors.

The Supreme Court has always been very keen and have taken special interested in discharging its legal and constitutional obligations and safeguarding the interests of women in changing situations and societal demands.

Objective:
The objective of my research is to let the Forms of domestic violence:
This can be done in several ways by torture, hurting, mentally torture,the main motive behind these acts to control the victim. The victim is forced to do the acts for which she doesn't agree like bringing dowry from her parents, to do the acts which lowers her image in the society. There are several forms of domestic violence they are as follows:

Physical violence:

Physical abuse often begins with less violent assaults such as pushing. As the abuse continues, however, it becomes increasingly violent. Abusers often target areas of the body that are usually covered with clothing because the injuries are less likely to be visible to others. Acts of physical abuse include:
  • Pushing
  • Restraining
  • Shaking
  • Slapping
  • Biting
  • Punching
  • Kicking
  • Throwing objects at the victim
  • Target hitting
  • Sustained beating
  • Abuse planned to cause the victim to miscarry
  • Using weapons
  • Strangulation
  • Homicide

Emotional Abuse:

Emotional Abuse means hurting the emotions of the victim it can be anything which is not done physically. It can also be called mental abuse. It includes humiliation of victim in public, insulting the victim every now and then, acts done to make the victim feel diminished, abusing the victim and her parents, insisting the victim for dowry.

The defendant forces the victim for dowry to satisfy there needs. The victim is also mentally torture by the defendant's family. The defendant put the victim in situation where she becomes very week mentally and physically. The victims opinions are not valued and her thoughts are rejected. They create a situation where the victim starts self doubt.

Sexual Abuse:

Sexual abuse is defined as when any person commits any of the following acts.
Unless otherwise specified, a child is defined as someone under the age of 18.

It's a pretty long definition. Nowadays it's been a concerning issue that the forceful sexual intercourse done between the spouse is considered as marital rape or not. There are many people's supporting it to be considered as marital rape. The main point discussed in this issue is that the lady is not a mere object to satisfy the lust of her husband. This can also be known as sexual abuse. It also includes if the defendant cracking the jokes related to sexuality which the victim doesn't like , making fun of her physical appearance and etc.


Economic Abuse:

Economic Abuse means taunting the victim on her financial background. It includes that the victim is not provided financial support from the defendant's family or not providing money for her daily needs, doesn't allow her to complete her education by not paying her educational expenditure. Due to these issues she faces many issues to live a dignified life in society. This is not only the women's degradation but also of the society. Economic violence can lead to put women on a strict allowance or force them to beg for money, making it a gendered problem

Laws Against Domestic Violence

Protection for Women against Domestic Violence Act (PWDVA)
For long, the fairer sex has suffered at the hands of men, the exploitation ranges from  physical to intangible abuse like mental and psychological torture. Women have been treated  as child bearing machines, push-over, to nothing but animals at the hands of men. Domestic  violence is one of the gravest and the most pervasive human rights violation.

For too long  now, women have accepted it as their destiny or have just acquiescence their right to raise  their voice, perhaps, because of the justice system or the lack of it or because they are  vulnerable, scared of being ostracized by their own because domestic violence still remains a  taboo for most women who suffer from it or for other reasons best known to them.

Domestic Violence Act, 2005, hereinafter referred at Protection for Women against Domestic  Violence (PWDVA), has been passed with a view to improve the position of women in the  domestic front. The Protection of Women from Domestic Violence Act 2005 (DVA) came  into force 26.10.2006. It is widely expected that DVA will go a long way to provide relief to  women from domestic violence and enforce their 'right to live'.

Primarily DVA is meant to  provide protection to the wife or female live-in partner from violence at the hands of husband  or male live-in partner or relatives. DVA also extends its protection to women who are sisters,  widows or mothers.

The Act is an extremely progressive one not only because it recognizes women who are in a  live in relationship but also extends protection to other women in the household, including  sisters and mothers thus the Act includes relations of consanguinity, marriage, or through  relationships in the nature of marriage, adoption, or joint family thus, 'domestic relationships' are not restricted to the marital context alone.13 In fact the Act has given a new dimension to  the word abuse because unlike the primitive notion abuse includes actual abuse or threat of  abuse, whether physical, sexual, verbal, economic and harassment by way of dowry  demands.

Salient features of the Protection from Domestic Violence Act, 2005 are as follows:

It seeks to cover women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption; in addition relationship with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with are entitled to get legal protection under the proposed Act.

"Domestic violence" includes actual abuse or the threat of abuse that is corporeal, sexual, spoken, emotional and financial. Pestering by way of dowry demands to the woman or her relatives would also be covered under the definition. One of the most significant characteristics of the Act is the woman's right to secure accommodation.

The Act provides for the woman's right to live in the marital or joint household, whether or not she has any rights in the household. This right is secured by a residence order, which is passed by a court. These residence orders cannot be passed against anyone who is a woman.

The other relief envisaged under the Act is that of the power of the court to pass protection orders that stop the abuser from assisting or performing an act of domestic violence or any other specific act, entering a workplace or any other place frequented by the abused, attempting to communicate with the sufferer, dividing any assets used by both the parties and causing violence to the victim, her relatives and others who provide her assistance from the domestic violence.

The Act provides appointment of Protection Officers and NGOs to provide help to the woman with respect to medical check-up, legal aid, safe asylum, etc. The Act provides for violation of protection order or temporary protection order by the respondent as a cognizable and non-bailable offence punishable with sentence for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both. Similarly, non-compliance or discharge of duties by the Protection Officer is also sought to be made an offence under the Act with similar punishment.

Orders which a Magistrate may pass under the Act:

The Magistrate may:
  • Direct the respondent or the aggrieved person, either singly or jointly. to undergo counseling.
  • Direct that the woman shall not be evicted or excluded from the household or any part of it.
  • If considered necessary, the proceedings may be directed to be conducted in camera.
  • Issue Protection order, providing protection to the woman.
  • Grant monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence.
  • Grant custody orders, i.e., temporary custody of any child or children to the aggrieved person.
  • Grant compensation /damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent.

Important Judicial Pronouncments

The Court of Sh. Jagdish Kumar: MM New Delhi - Ms S (Name changed) Vs Mr. A
Ms S who was employed with an International organization knew the respondent Mr. A who was the country director of an International Organization. A started communicating with the applicant on e-mail. During course of communication he disclosed that he is under going treatment for cancer and was married and had one son out of his wedlock.

A invited the Ms S to work with him The applicant being interested in the kind of work offered and left her previous job and started working with the A on the project while working with the applicant the respondent started sharing things about his illness, removal from his previous job, family etc. and became friends. He asked S to marry him and took the initiative of applying sindoor and bindi and said "you are my wife".

A invited the S to stay with him and started living together in one house. S claimed to have separated from his wife and was in the process of filing for divorce. A started spending on the household expenses and also used to pay the rent of S to Trith bim the house where they lived, Held that S lived with A in the shared household in a relationship in the nature of marriage. S was entitled to maintenance for food, clothes, medicines and other basic necessity and further household and other miscellancous.

Surekha Mote vs. State of Maharashtra High Court of Bombay Held that "we have considered section 12 of the PWDV Act and the proviso to section 12. This does not mean that if no protection officers are appointed, the Magistrate ceases to have jurisdiction. That would frustrate the object of the act " this mcans that complaint can be entertained directly by the magistrate even if there is no protection officer.

Shalu Bansals Case Delhi
Court directed that respondents shall provide rent for separate residence as maintenance to the aggrieved person.

CONCLUSION:
The Protection of Women from Domestic Violence Act of 2005, which went into effect in October 2006, is a promising piece of legislation that combines civil and criminal punishments to provide effective remedies to domestic violence victims. The statute establishes protection officers, medical facilities, and no-fee orders, among other things, to assist aggrieved women in safeguarding themselves and their families.

However, there are several issues with the Act. Clearly, the Act's implementation has to be more specific. Police often do not submit an Initial Information Report (FIR), which is the first step in starting a police investigation, according to Human Rights Watch, especially if the aggrieved individual is from a low-income or socially marginalised population.

CONCLUSION:
The Protection of Women from Domestic Violence Act of 2005, which went into effect in October 2006, is a promising piece of legislation that combines civil and criminal punishments to provide effective remedies to domestic violence victims. The statute establishes protection officers, medical facilities, and no-fee orders, among other things, to assist aggrieved women in safeguarding themselves and their families.


However, there are several issues with the Act. Clearly, the Act's implementation has to be more specific. Police often do not submit an Initial Information Report (FIR), which is the first step in starting a police investigation, according to Human Rights Watch, especially if the aggrieved individual is from a low-income or socially marginalised population.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of th...

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Whether Caveat Application is legally pe...

Titile

Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro...

The Factories Act,1948

Titile

There has been rise of large scale factory/ industry in India in the later half of nineteenth ce...

Constitution of India-Freedom of speech ...

Titile

Explain The Right To Freedom of Speech and Expression Under The Article 19 With The Help of Dec...

Copyright: An important element of Intel...

Titile

The Intellectual Property Rights (IPR) has its own economic value when it puts into any market ...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly