The article has been written by Ms. Jhalak Trizya, a 2nd year student of Lloyd Law College, Greater Noida.
Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.
Domestic violence can happen to anyone regardless of race, age, sexual orientation, religion, sex, or gender identity. Domestic violence affects people of all socioeconomic backgrounds and education levels. Domestic violence occurs in both opposite-sex and same-sex relationships and can happen to intimate partners who are married, living together, dating, or share a child. Domestic violence not only affects those who are abused, but also has a substantial effect on family members, friends, co-workers, other witnesses, and the community at large. Children, who grow up witnessing domestic violence, are among those seriously affected by this crime. Frequent exposure to violence in the home not only predisposes children to numerous social and physical problems, but also teaches them that violence is a normal way of life – therefore, increasing their risk of becoming society’s next generation of victims and abusers. This discussion of domestic violence is intended to educate the public about the dynamics of abuse in intimate partner relationships, as well as to help victims understand their experience and family and friends of victims to recognize signs of abuse in the relationships of their loved ones. The Violence Against Women Act contains a definition of domestic violence that governs the programs funded under the Act.
Many types of abuse are present in the definition of domestic violence:
- Physical abuse can include hitting, biting, slapping, battering, shoving, punching, pulling hair, burning, cutting, pinching, etc. It may include any violent behavior or physical injury inflicted on the victim. It may include child abuse to a victim’s child. Physical abuse may take the form of denying someone medical treatment and forcing drug/alcohol use on someone.
- Sexual abuse occurs when the abuser coerces the victim into having sexual contact or sexual behavior without consent. This often takes the form of marital rape, attacking sexual body parts, physical violence followed by forcing sex, demeaning the victim sexually, or even telling sexual jokes at the victim’s expense.
- Emotional abuse involves invalidating or deflating the victim’s sense of self-worth. Emotional abuse may include constant criticism and name-calling. An abuser may injure the victim’s relationship with their children. An abuser may interfere with the victim’s abilities.
- Economic abuse takes place when the abuser makes or tries to make the victim financially dependent on the abuser. Economic abusers often seek to maintain total control over financial resources. They may withhold the victim’s access to funds or prohibit the victim from going to school or work.
- Psychological abuse involves the abuser invoking fear through intimidation. It can include threatening to physically hurt themself, the victim, children, the victim’s family or friends, or the pets. It may involve destruction of property or trespassing on property. An abuser may injure pets. An abuser may isolate the victim from loved ones and prohibit the victim from going to school or work. Threats to hit, injure, or use a weapon are a form of psychological abuse.
- Technological abuse involves an act or pattern of acts meant to harm, threaten, stalk, or monitor another through the use of technology. This may involve using internet-enabled devices, computers, cameras, smartphones, GPS, or location-tracking devices.
- Stalking abuse may include any combination of the above. It may include behaviors that by themselves are not illegal. Common behaviors include following the victim, spying, watching, harassing, showing up at the victim’s home or work, sending gifts, collecting information, making phone calls, leaving written messages, or appearing at a person’s home or workplace. It may include behaviors that are illegal such as physical assault, sexual assault, or threats. Stalking crimes usually require two or more incidents that may be close in time. The focus of a stalking crime is to place the victim in fear or in mental distress. Cyberstalking refers to online action or repeated emailing or texting that inflicts substantial emotional distress on the recipient.Federal and state laws provide the specific elements of domestic violence crimes. Most domestic violence cases occur in the state courts. Not every form of domestic abuse listed above will constitute a crime.
Domestic Violence: Relationship Status
Most domestic violence law today requires the State to prove that the victim and abuser have an intimate partner or family relationship. Although the majority of domestic violence victims are women, state laws recognize that victims can include anyone, regardless of sex, race, age, religion, sexual orientation, gender identity, socioeconomic background, or education level.
Each state law sets forth the exact criteria required for the crime of domestic violence. Most states today include any of the following family or household relationships:
- Spouses and former spouses
- Intimate partners who have lived together
- Parents with children in common
- Children
- Related cohabitants
In recent years, law enforcement and prosecutors have taken a much more aggressive position in arresting and prosecuting domestic violence offenders. High profile cases, such as the O.J. Simpson murder trial, brought national recognition to these types of offenses and prosecutors and police department now rely on specialized units to investigate and prosecute domestic violence crimes. However, there are certain difficulties that prosecutors experience in prosecuting domestic violence cases that usually do not occur with other crimes. Because of this, prosecutors may be more willing to dismiss or significantly reduce domestic violence charges, especially where the defendant is represented by a skilled and knowledgeable criminal defense attorney.
Domestic abuse can inflict lasting trauma on victims and their extended families, especially children and young people who may not see the violence or abuse, but may be aware of it, sense it, or hear it occurring. The CPS recognises that victims of domestic abuse are disproportionately women with the majority of perpetrators being male. Within this context, however many of these offences are committed against men and boys, and some offences are committed by females. They occur in all communities and involve offenders and victims with different protected characteristics, from a range of socio-economic backgrounds. Shame, guilt, fear of the process, fear of not being believed, shock, cultural context, embarrassment, language barriers and fear of reprisal from their communities are just some of the hurdles that victims might need to overcome to report an incident to the police and go on to support a prosecution. Many individuals suffering domestic abuse whether in intimate relationships, or within familial situations, will not always be aware that what they are experiencing is abusive behaviour. Particularly those who have suffered over considerable time, will have difficult decisions to make that may significantly impact their lives, and the lives of those close to them. As a result, some complainants may be hesitant to go through the criminal justice process. Improving the safety of victims and their children is essential and helps to raise their confidence in the criminal justice system, encouraging continued participation in the prosecution and, where appropriate, obtaining protective orders which can reduce risk of repeat offending.
Landmark domestic violence cases in India:
- Lalita Toppo v. the State of Jharkhand, (2018)
Facts of the case
In the case of Lalita Toppo v. the State of Jharkhand and Anr. (2018), which was heard by the Supreme Court of India, the Complainant, who was not the Respondent’s legally wedded wife, approached the Court to obtain maintenance under the provisions of the Protection of Women from Domestic Violence Act, 2005, supposing that she will not be allowed to maintenance under Section 125 of the Code of Criminal Procedure, 1973.
In this instance, the Appellant was in a live-in relationship, with whom she had a kid. When the couple got separated, the Appellant sought support from her spouse, for which the Gumla Family Court allowed, giving her Rs 2000 per month and Rs 1000 to her child. The Appellant filed an appeal in the High Court, which found the family court’s ruling to be incorrect and ruled in favour of the partner. The Appellant then went to the Supreme Court.
Judgement given by the Court:-
In the Supreme Court a three-judge Bench composed of the then- CJI Ranjan Gogoi, Justices U.U. Lalit and K.M. Joseph observed that a live-in partner will be obligated to even more relief than that envisaged by Section 125 of the Code of Criminal Procedure, 1973. Making reference to the provisions of the Domestic Violence Act, the bench noted that the petitioner in the case would have a remedy to seek maintenance under the Act despite the fact that she is not the legally wedded wife and thus not obligated to be maintained under Section 125 of the Code of Criminal Procedure. It was also observed by the Court that domestic violence, according to the provisions of the Domestic Violence Act, also includes economic abuse.
- Inder Raj Malik v. Sunita Malik, (1986)
Facts of the case
In this case, Sunita Malik(Complainant) and her husband, Inder Raj Mailk(Respondent), were married. To extract more and more money and articles, the Complainant Sunita was treated cruelly, beaten, starved, and abused by her husband and in-laws after marriage, particularly during festivals. One day, she was tortured physically and mentally to the point of fainting in her matrimonial home, but no doctor was called for her medical checkup. Sunita Malik was threatened by her mother and brother-in-law with death and kidnapping unless she compelled her parents to sell their property in Hauz Qazi. As a result, it was discovered that the Complainant, Sunita Mailk, was treated cruelly and physically tortured by her husband and in-laws. Sunita Malik was harassed in order to force her or anyone associated with her to meet an illegal requirement for movable and immovable property.
Judgement given by the Court:-
In this particular instance, the Delhi High Court had to decide whether a person could be convicted under both Section 4 of the Dowry Prohibition Act and Section 498A of the Indian Penal Code. The Court held that an individual can be convicted under both Section 4 of the Dowry Prohibition Act, 1956 and Section 498A of the IPC without facing double jeopardy. The Court held that Section 498A, IPC, and Section 4 of the Dowry Prohibition Act are distinct, since, under Section 4 of the Dowry Prohibition Act, mere demand of dowry is subject to punishment, whereas, in Section 498A, an act of cruelty committed against a newly wedded woman is punishable. As a result, it is possible to conclude that a person is subject to prosecution under both Section 4 of the Dowry Prohibition Act and Section 498A of the Indian Penal Code.
- Sandhya Wankhede v. Manoj Bhimrao Wankhede, (2011)
Facts of the case
In the case of (Sandhya Wankhede v. Manoj Bhimrao Wankhede), after getting married in 2005, the Appellant Sandhya lived with R1, R2, and R3 for nearly a year, which caused problems in her marriage. She filed a police report against her husband under Section 498A of the Indian Penal Code for assaulting her. She also filed an application against all three Respondents, which the First Class Judicial Magistrate granted, directing R1 to pay the monthly maintenance. All Respondents were also barred from trying to evict the Complainant from her matrimonial home. Criminal appeals and applications filed by R1 before the Sessions Judge and the High Court were denied. R2 and R3 applied to the First Class Magistrate, but their request was denied. They filed an appeal, claiming that women cannot be considered Respondents in DV proceedings. The Court agreed and overturned the order, enabling Appellant to be evicted from her marriage home, which was solely owned by R2. As a result, it was not a “shared house.” However, the Court compelled R1 to offer separate lodging or make further payment for it as an alternative. The Appellant’s appeal in Sessions Court was replied based on the decision that “females” are not included within ‘Respondents. The HC similarly took a similar stance, deleting R2 and R3’s names from the proceedings and ordering the Appellant to quit the matrimonial home. Hence this appeal was made.
Judgement given by the Court:-
However, in the aforementioned instance, the Supreme Court resolved the question by ruling that the provision to Section 2(q) that doesn’t exclude female relatives of the husband or male partner from the scope of a complaint that can be submitted under the Domestic Violence Act. As a result, complaints can be filed not only against the adult male person, but also against the adult male’s female relative.
REFERENCE:-
These article are taken from these websites:-
https://www.njcriminaldefensellc.com