The article has been written by Mr. Rajdeep Hembram, a 1st year LLM student from University Law College, Hazaribagh, Jharkhand
Introduction
The word domestic taken from old French domestique & directly from Latin domesticus belonging to household from domous house. Violence from Latin word Violentia physical force to inflict injury or damage.
Domestic violence is violence committed by someone in the victim’s domestic circle. This includes partners and ex-partners, immediate family members, other relatives and family friends.
The term ‘domestic violence’ is used when there is a close relationship between the offender and the victim. There is usually a power gap between them. The victim is dependent on the offender. Domestic violence can take the form of physical, sexual or psychological abuse.
It is usually seen that Women form the largest group of victims. However, men, children and elderly people can also be victims of domestic violence. Domestic violence occurs at all levels in society and in all population groups.
Abuse is usually deliberate, but not always. For example, sometimes people can no longer cope with caring for relatives. The situation can then escalate and result in abuse.
According to World health organization in the WRVH (World report on violence & health) violence means, the intentional use of physical force or power threatened , against oneself, another person , or against a group or community that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment or deprivation.
In all over the world purple colour ribbon is used to promote awareness for the domestic violence.
LAWS ON DOMESTIC VIOLENCE
DOMESTIC VIOLENCE and DOWRY DEATH are pervasive in India.. We also know that individuals in families or companions who have eventually confronted Domestic violence, or have executed it.
There are several Laws in India which directly deals with the protection of married women from her partner and her partner’s family.
[1] -Protection of Women against Domestic Violence Act, 2005
This is an act of the Indian Parliament enacted to protect women from Domestic Violence. It prohibits a wide range of Physical, Sexual, Emotional & Economical abuse against women and all these are broadly defined under the Act. It provides security to women in a family from men in a family. The extent of the Act covers not only the protection of women who are married to men but also women who are in Live-in-relationship, just as family members including Grandmothers, Mothers, etc. A women has right to be liberated from any type of violence under this Act. Under this law, women can look for security against Domestic Violence, Financial Compensation, Right to live in their mutual house and they can get maintenance from their abuser in case they are living separated.
This law is to guarantee that women don’t get kicked out of their own house and can support themselves if they have been abused. It also ensure the protection of women from their abusers.
[2]- Section 498A of the IPC (Indian Penal Code)
This is a Criminal Law, which applies to husbands or family members of husband who are merciless to women. Under Section 498A of the IPC, harassment for Dowry by the family members of the husband or by husband is recognized as a Crime. This harassment can be of any type either Physical or Mental. Despite the fact that Marital Rape isn’t considered as a Crime in India, forced sex with one’s wife can be viewed as Cruelty under this Section. Section 498A has a vast scope. It also includes any and all intentional behaviours against a women which force the women to attempt suicide or risk to life or grave injury or risk to limb or overall health. Here, health incorporates the physical and mental health of the women.
As per IPC, 1860, section 498A states “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.” In layman language to understand what is 498A, it means any cruelty on a wife by husband and his relative will be punished for a term which may extend to three years and shall also be liable to fine. The Section 498A is non-bailable and a cognizable offence.
[3]-Dowry Prohibition Act, 1961
This is a Criminal Law that punishes the giving and taking of Dowry. The tradition of dowry itself is banned under the Dowry Prohibition Act, 1961. According to this law, gives, takes or even demands dowry, they can be imprisoned for a half year (i.e. for 6 months) or they can be fined upto Five Thousand Rupees.
Section- 3 of the Domestic Violence Act, 2005 says that what comprises Domestic Violence as indicated by which Domestic Violence will include: –
(a) Threats to Life, Health & Safety etc., whether Physical or Mental, incorporating Sexual Abuse, Physical Abuse, Verbal and Emotional Abuse and Economic Abuse, or
(b) Harassment through any forms such as injuries, harms to the aggrieved person by coercing her or any other person related to any unlawful demand for dowry or other property or valuable security; or
(c) Otherwise injuring or causing harm, through Mental or Physical means to the Aggrieved Person.
TYPES OF DOMESTIC ABUSES
- Physical Abuse: It include any sort of violent conduct inflicted on the victim (Slapping, biting, beating, hitting, kicking, etc.) It also includes forcing someone to use Alcohol / Drug and denying someone’s medical treatment.
- Sexual Abuse: It happens when the abuser forcefully try to make physical contact with victim without his/her consent. This mostly takes the form of Marital Rape, Physical Violence followed by sex, attacks on the sexual parts of the body.
- Emotional Abuse: It implies discrediting or emptying the victim’s sense of Self-Esteem. Emotional abuse also includes constant humiliation, insults, threats of harm, belittling, threats to take away children.
- Economic Abuse: It happens when the abuser makes or attempts to make the victim financially reliant.
- Technological Abuse: It incorporates the utilization of technology to hold and control a partner
PUNISHMENT AGAINST DOMESTIC VIOLENCE
There are various guidelines or provisions being made for protection of women against Domestic Violence under the statute such as Section 304B of Indian Penal Code relating to dowry death.
Under Section 313-316 of Indian Penal Code female infanticide has been made punishable which implies forcefully ending the pregnancy of a women.
Other Sections of Indian Penal Code dealing with these matters are Section305-306 related to Abetment of Suicide and 340, 349 of Indian Penal Code respectively wrongful confinement and wrongful restraint.
A complaint can also be lodged under Section 498A of Indian Penal Code for Cruelty which also falls under DOMESTIC VIOLENCE.
What specific provisions of law deal with domestic violence?
In 1983, domestic violence was recognised as a specific criminal offence by the introduction of section 498-A into the Indian Penal Code. This section deals with cruelty by a husband or his family towards a married woman. Four types of cruelty are dealt with by this law:
conduct that is likely to drive a woman to suicide,
conduct which is likely to cause grave injury to the life, limb or health of the woman,
harassment with the purpose of forcing the woman or her relatives to give some property, or
harassment because the woman or her relatives is unable to yield to demands for more money or does not give some property.
The punishment is imprisonment for upto three years and a fine. The complaint against cruelty need not be lodged by the person herself. Any relative may also make the complaint on her behalf.
CONCLUSION
Domestic Violence increases rapidly day by day . It is one of the most appalling kind of harassment endured by the women in our surrounding and people are raising there voice against this violence seriously. Survey shows that maximum percentage of victims of Domestic Violence are female but men are also suffering from this problem. We are not raising our voice seriously because we thought we are safe but we are wrong because Domestic Violence can take places with anyone, despite the fact of race, religion, creed or caste. If the problem of Domestic Violence is not dealt with adequately, this kind of abuse will keep on existing in all classes of society without an end. Though there are various misuse of such law.
References
Domestic violence
https://en.wikipedia.org/wiki/Domestic_violence
498A
The dowry prohibition act