This article has been submitted by Payodhi Daschaudhuri of semester 4, pursuing BA LLB, at Adamas University. 

INTRODUCTION

Domestic abuse is a major crime affecting millions of Indian women. It is a type of abuse that can be physical, sexual, emotional, verbal, or economic in nature. The Indian government has taken various steps to combat domestic violence, and the law punishes individuals found guilty of such crimes harshly. The Protection of Women from Domestic Abuse Act of 2005 is India’s principal domestic violence legislation. Domestic abuse is also punishable under the Indian Penal Code and the Criminal Procedure Code. The National Commission for Women Act of 1990 establishes the National Commission for Women, which is in charge of investigating and monitoring domestic abuse incidents. The Indian judiciary has also been aggressive in tackling domestic violence, issuing numerous landmark decisions in this area. Despite these steps, domestic violence remains a widespread issue in India, and there is a need for more public and law enforcement awareness and sensitization to the issue. Domestic abuse is punishable with imprisonment for 3 or more years in India, and it is critical to ensure that the law is fully implemented in order to deliver justice to victims and prevent such crimes from happening in the future.

Women’s protection is not a new requirement nor a purely national concern. A number of international treaties have also highlighted the need of protecting women. The Vienna Accord (1994), the Beijing Declaration and Platform for Action (1995), and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), to name a few. India, too, is not immune to cruelty against women, and hence the need to protect women from all forms of abuse was felt. It’s a terrible state of affairs when women are usually abused by their own family members. As a result, there was a perceived need to protect women from domestic abuse. Law provides both criminal and civil remedies to accomplish this. The purpose of this article is to provide the reader with an overview of such therapies that are accessible in India.

REMEDIES REGARDING DOMESTIC VIOLENCE IN INDIA

There are certain statutes and laws pertaining in India by which domestic violence is criminalised in the Indian Territory. These can be described as follows:

PROTECTION OF WOMEN AGAINST DOMESTIC VIOLENCE ACT, 2005:

 This is a legislation enacted by the Indian Parliament to protect women from domestic violence. It outlaws a wide spectrum of physical, sexual, emotional, and financial abuse against women, all of which are explicitly defined under the Act. It protects women in a family from other members of the family. This rule also ensures that the abuser cannot compel the victim to leave the residence. The Act protects not just women who are married to males, but also women who live with their partners in a live-in relationship. Under this Act, a woman has the right to be free of all forms of violence. The Act is a civil statute that establishes a comprehensive method to address domestic violence against women, including physical, emotional, sexual, verbal, and financial abuse. It respects women’s right to a life free of violence and allows for a variety of remedies such as protection orders, residency orders, monetary redress, custody orders, and so on. It also respects women’s right to live in a shared family and includes provisions to safeguard them in such families. Any woman who has been victim to domestic abuse may make a complaint with a magistrate or a protection officer under the Act. The complaint can be brought against any relative of the lady, including her spouse, in-laws, or other family members. The complaint can also be made against someone with whom the lady has a domestic connection, whether she is married to him. Following the filing of a complaint, the magistrate or protection officer may issue a protection order instructing the offender to desist from engaging in any act of domestic abuse. The protection order may also require the offender to leave the shared household, grant monetary assistance to the victim, and direct the police to help in the order’s implementation. Under the afore-mentioned act, Section 17 provides for the right of a married women to reside in a shared household. In the case of Vimlaben Ajitbhai Patel v. Vatslaben Ashokbhai Patel, it was determined that the woman is not entitled to the respondent’s property in its entirety, but that her right to dwell under the Domestic Violence Act only applies to joint holdings in which the husband has a portion. Also, it was established in the case of Ishpal Singh Kahai v. Ramanjeet Kahai that the victim can apply to the court for a residence order in respect of a shared household, which includes their marriage home, whether she has any right title or benefit interest in it. In the case of S.R. Batra v. Taruna Batra, it was determined that a wife’s claim for alternate accommodation under Section 19(1)(f) can only be filed against her husband and not against her in-laws or other husband’s relatives. Under Section 18 of the Act, the magistrate is empowered, based on his prima facie opinion, to pass a protection order to prohibit the respondent from-

• Committing any act of domestic violence.
• Aiding or abetting in the commission of acts of domestic violence
• Entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person.
• Attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral, or written or electronic or telephonic contact.

 Section 20 of the afore-mentioned act provides monetary relief in the form of compensation to compensate the aggrieved lady and any child of the aggrieved person for expenditures and damages incurred because of domestic abuse, and such remedies may include-

• The loss of earnings.
• The medical expenses.
• The loss caused to the aggrieved woman on account of the destruction, damage, or removal of any property from her control.

In the case of Ajay Kumar v. Lata, the courts below allowed a maintenance claim against the deceased husband’s brother in the case of a shared household in ancestral joint Hindu family property and joint business between said brother and the deceased husband, and a direction for interim maintenance was confirmed. 

Section 21 of the Protection of Women Against Domestic Violence Act authorises the magistrate to give the aggrieved person temporary custody of any child or children, with or without visiting privileges for the respondent.

The magistrate has the authority to order the payment of compensation and damages for injuries, both bodily and mental, under Section 22 of the Protection of Women Against Domestic Violence Act.

DOWRY PROHIBITION ACT, 1961:

This is a Criminal Law that punishes those who are involved in the giving and receiving of Dowry. The Dowry Prohibition Act of 1961 makes the practise of dowry illegal.

Under this rule, if a person is found guilty of dowry harassment, he or she can be imprisoned for 6 months or fined Rs 5000/-, or both imprisonment and fine.

SECTION 498A OF INDIAN PENAL CODE, 1860:

This is a Criminal Law designed specifically for spouses and family members who do not know how to respect a lady. Harassing the lady for dowry by family members of the husband or by the husband is a crime under Section 498A of the IPC. This harassment might be physical or mental in nature. Although Marital Rape is not a crime in India, forced sex with one’s wife might be deemed Cruelty under this Section. It also includes behaviours and acts directed towards a woman that endanger her life, cause her serious harm, or compel her to commit suicide.

CONCLUSION

India has adopted a firm position on domestic violence punishment, with legislative mechanisms in place to make abusers accountable for their crimes. Domestic violence, including physical abuse, mental abuse, and economic abuse, is punishable under the Indian Penal Code and the Protection of Women from Domestic Violence Act. However, enforcing and enforcing these laws remains difficult, especially in rural regions where social views regarding domestic abuse are strongly engrained. More efforts are needed to raise public awareness and education about the gravity and effects of domestic abuse. Overall, while India has made tremendous progress in combating domestic violence, more needs to be done to protect victims, punish perpetrators, and alter attitudes regarding domestic violence. It is critical to foster an atmosphere in which victims of domestic abuse may come forward and get the appropriate assistance and justice.

REFERENCE

• https://blog.advocatesandhyagupta.com/domestic-violence-in-india/
• https://lawcorner.in/punishment-for-domestic-violence-in-india/
• https://blog.ipleaders.in/domestic-violence/
• https://en.wikipedia.org/wiki/Domestic_violence_in_India
• https://www.worldblaze.in/what-is-the-punishment-for-domestic-violence-in-india/
• Indian Penal Code, 1860
• Dowry Prohibition Act, 1961