Domestic violence laws in India

Introduction

The Domestic Violence Act of 2005 defines domestic violence in Section 3. Gender norms and ideals that place women in a subordinate position to men are considered to foster and reinforce domestic violence against women. In addition to physical aggression or attack, such as hitting or threatening to hit, emotional abuse, controlling behaviour, intimidation, stalking, and economic deprivation are other forms of domestic violence.
In order to effectively address domestic abuse at home, social welfare, legal, and health care administrations must work together. Even if efforts have been made in this direction, social pressure from relatives or social shame prevent the majority of cases from being fully documented.[1]

What does domestic violence mean?

In India as well as other countries, domestic violence is a widespread problem. It functions as a methodical way to establish authority and control inside the boundaries of a household, frequently leaving the victims traumatised, fearful, and injured physically or psychologically. Domestic violence can have many different causes, starting with protecting power dynamics in partnerships to pursuing selfish goals at the expense of other people. Domestic violence, if it occurs in India, usually affects women and is committed by husbands or other male family members. It’s critical to recognise that anyone, irrespective of gender, age, or sexual orientation, can be affected by domestic abuse. When domestic violence is discussed, it is seen to be a methodical way to make someone feel afraid and submissive in a domestic environment, such as a household.[2]

Laws for domestic violence

• The Protection of Women against Domestic Violence, 2005 

 According to Section 3, domestic violence is defined as any act, commission, omission, or behaviour that causes injury to an individual’s health or safety, whether it be physically or mentally. Domestic violence also encompasses any hurt, harassment, or injury inflicted onto an individual or anybody connected to that individual to satisfy any unlawful demand.[3]

• A number of statutes have also been amended to protect women from domestic abuse. For example, Section 304(b) of the Indian Penal Code, 1983 defines cruelty, which is a subset of domestic violence.
• The 2013 criminal law modification, which modified several provisions of the Indian Evidence Act, the Criminal Procedure Code, and the Indian Penal Code, marked a turning point in the field.
  The modification adds definitions and severity to the phrases “sexual assault” and “rape,” as well as stiffen the resulting penalties. The 2013 amendment also added and made illegal acid attacks, stalking, and forcibly removing women’s clothing from public places.[4]
• Prior to this, the Dowry Prohibition Act of 1961 made it illegal to give or accept dowries. Following this statute, the Indian Penal Code gained two more sections: Section 304B in 1986 and Section 498A in 1983. [5]
• The Dowry Prohibition Act, 1961

Another regulation that deals with domestic abuse is the Dowry Prohibition Act of 1961 since dowry-related issues frequently lead to abuse of women.

In addition to this legislation, as previously mentioned, section 304B of the IPC deals with dowries and deaths caused by abuse resulting from dowry demands.

A minimum of six months and a maximum of two years in prison are the penalties for demanding dowry.[6]

Types of domestic violence

• Physical abuse

Domestic violence most commonly takes the form of physical abuse. It happens when the victim is physically abused in a way that causes harm to them. For instance, a wife may file a domestic violence lawsuit against her spouse if he frequently hits her.

• Sexual abuse

Sexual abuse is any circumstance in which someone is coerced into engaging in risky or sexual behaviour against their consent. Even when a spouse or partner forces a victim to have consenting sex, it is considered domestic abuse and aggression.

• Emotional abuse

Verbal abuse, such as yelling, name-calling, and placing blame, is also considered emotional abuse. Controlling conduct and intimidation are examples of emotional abuse as well.

• Economical abuse

Using financial resources to subjugate the victim is known as economic abuse. It entails rigorous money management, holding you accountable for every dollar spent, limiting your allowance, and prohibiting you from making your own decisions.

Consequences  of domestic violence

Domestic assault survivors may experience ongoing difficulties following brutal physical, mental, or emotional abuse. It affects not just the adult victim’s health but also the economic, cultural, and parental well-being of the community. Everyone should remember that healing is a process that takes time and that working through these issues can give survivors a sense of inner strength and reduce their fear of their own and their families’ safety.
Domestic abuse Tears don’t live together. A third of women encounter either physical or sexual abuse, or both, at the hands of a known individual. It mainly impacts families, society, women, and children.[7]

Landmark judgments on the protection of women against domestic violence

1. Arvind Singh v. the State of Bihar. (2001)

The court decided that sexual, verbal, and psychological assault are not mentioned in Section 498A of the I.P.C. As a result, it defines “cruelty” broadly, granting courts the discretion to interpret the term in ways that have harmed women. For example, in one case, the court determined that “cruelty denotes a state of conduct which is painful and distressing to another,” which is neither inclusive nor clear in its interpretation.

2. Satish Chander Ahuja vs Sneha Ahuja(2020)

In the current case, the Court addressed a number of legal issues pertaining to the DV Act that the Supreme Court had previously resolved. Following his daughter-in-law’s divorce from his son, the petitioner filed a lawsuit to have her removed from the property. He had cited the Supreme Court’s decision in S.R. Batra and Anr. Vs. Taruna Batra, (2007) 3 SCC 169, wherein it was decided that the husband’s property, which was not joint family property, did not fall under the definition of shared home under the DV Act.

 The significant ruling declared that the concept of shared household given in Section 2(s) of the DV Act was exhaustive, overturning the ruling in the S.R. Batra and Anr. vs. Taruna Batra case. It was determined that in order to determine whether or not a suit property was a shared home, the following criteria must be met:

• The person who is entitled to compensation under the relevant Act must have resided or been residing in the premises at the time the domestic relationship existed.
• The property had to be a part of the joint family that the resentful party is a member of.
• Megha Khandelwal v. Rajat Khandelwal (2019)

In spite of the wife’s high level of education, the Supreme Court ruled that the husband must still pay maintenance. Judge Rastogi and Justice Khanwilkar have issued the ruling in this matter. The lady in a domestic violence case received a considerable rise in interim maintenance from the Supreme Court, despite her high level of education. The petitioner should receive interim maintenance, which the court ordered should be enhanced to Rs. 25,000 per month.

4. Smt. Haimanti Mal vs The State of West Bengal (2019)

The Calcutta High Court adopted the stance that determining compensation must be logical and cannot be the result of educated guesswork. The wife was granted compensation of Rs. 1,00,000 by the High Court. Justice Mitra gave an order in this case.

The wife was given Rs.1,00,000/- by the Calcutta High Court as compensation for the mental anguish she had endured as a result of her husband’s actions. However, the award of compensation cannot be justified in the absence of any proof or materials on file. Compensation and damages for injuries, including mental torture and emotional distress, caused by the respondent’s acts of domestic violence are provided for in Section 22 of the Protection of Women from Domestic Abuse Act of 2005.[8]

Types of Effects faced by women in  domestic violence

Social effect

• Inability to trust others. ∙ 
• Ineffective problem-solving and anger control abilities.
• Being victims in relationships that exploit them.
• Loneliness and low self-esteem.
• Maybe show signs of depression

Emotional effect

• Sorrow for personal and family losses.
• Shame, remorse, and self-blame.
• Fear of being left behind and the inability to communicate emotions.
• Problems with anger
• Feeling weak and powerless.

Physical effect

• A short attention span, 
• chronic health problems, 
• exhaustion, recurrent ailments
• poor physical hygiene
• self-harm, and eating disorders

Financial effect

Victims may experience shock when they realise how much their autonomy has been taken away from them after they have left the accused. Because they have experienced economic abuse, victims typically have few resources and few individuals they can turn to for support. It has been demonstrated that this is one of the biggest obstacles that victims of domestic abuse must overcome and the main thing that can deter them from leaving the accused.[9]

In India

Any kind of violence a person experiences from a biological relationship is considered domestic violence in India. Usually, it involves a woman being abused by male family members or other relatives. The majority of Indian women experience domestic abuse. Women in the 15–49 age range reported having never been victims of domestic abuse.
According to the report, 85% of women who experienced violence—whether it occurred within or outside of marriage—never sought assistance. Just 1% of women report violent incidents to the police. In India, women comprise the majority of victims who experienced domestic abuse. Domestic violence affects a woman and a girl every single day.[10]

What amounts to domestic violence against women?

The Domestic Violence Act defines domestic violence as when a woman is harmed or injured in a domestic relationship. Within its scope is abuse that is verbal, physical, sexual, emotional, and financial. Under the Domestic Violence Act, abuse encompasses both actual and threatened forms of abuse. The Domestic Violence Act’s term also includes any harassment that the lady or her family members endure as a result of illegitimate dowry demands. The main protection provided by the Domestic Violence Act is against domestic abuse committed by spouses or male live-in partners, including their family members, against wives or female live-in partners. The Domestic Violence Act, Section 2(a) act (1) Any woman who is or has been in an intimate relationship with the offender and claims to have witnessed any form of domestic abuse is regarded as an “aggrieved person.” The Domestic Violence Act protects women who have lived together in a shared household and are related by consanguinity, marriage, or a relationship in the nature of adoption, such as mothers, sisters, or widows. It also protects women who are or have been in a relationship with the abuser.[11]

Causes of domestic violence

India’s domestic violence problem is complicated, with many underlying causes that have their roots in historical, religious, cultural, and socioeconomic elements. Power imbalances in relationships allow abusers to maintain control over their victims. These imbalances are a result of societal problems like poverty, gender inequality, and low levels of education. The idea of male dominance and superiority has been upheld by historical patriarchal frameworks, which have strengthened gender-based violence. Cultural standards and religious convictions may sometimes contribute to the justification or continuation of abusive behaviour, including violence against dowries.[12]

Concept of maintenance under domestic violence (India filling )

As previously indicated, Sections 2(k)(6) of the Domestic Violence Act, 2005, Section 24[9] of the Hindu Marriage Act, and Section 18 of the Hindu Adoptions and Maintenance Act, 1956 all make reference to monetary relief or maintenance. Recent rulings on the subject state that, in the event that domestic abuse is not proven, the wife is not entitled to any type of financial relief under section 20 of the act. According to a recent ruling by an Indian High Court, a woman cannot receive financial assistance if she cannot demonstrate that she is the victim of domestic abuse.

Section 125 of the 1973 Code of Criminal Procedure and the personal laws of India address maintenance. The maintenance is essentially the result of a man’s moral and social obligation to continue providing for his parents, spouse, and kids even after they have parted ways.

There is a misperception in Indian society that a working woman cannot claim maintenance since she is earning enough money to support her own family, or that she is not entitled to it. Even though a woman’s monthly income may not be sufficient to support her and her children, Indian laws and courts recognise her right to maintenance from her divorced or separated spouse.[13]

Conclusion

In conclusion, domestic abuse is a widespread and complicated problem in India that calls for a diversified response. Although survivors can receive some protection and support from legal frameworks like the Domestic Violence Act, much more has to be done to prevent, raise awareness of, and alter cultural perceptions of gender-based violence. Gender inequality, economic reliance, and cultural norms are some of the core causes of domestic violence. By addressing these issues, we can build a society in which everyone is treated equally, with dignity, and without fear of violence in their own homes.[14]

Reference(s):

[1] Subodh Asthana, ‘Domestic Violence: Overview of Types & Punishments under DV Act’ (iPleaders, 30 January 2020) <https://blog.ipleaders.in/domestic-violence/> accessed 5 July 2024.

[2] MYADVO TECHSERVE PRIVATE LIMITED, ‘What Is Domestic Violence? What Are Its Types, Causes, and Effects?’ (MyAdvo.in) <https://www.myadvo.in/blog/domestic-violence-against-women/> accessed 6 July 2024.

[3] Rachit Garg, ‘The Protection of Women from Domestic Violence Act, 2005’ (iPleaders, 29 March 2022) <https://blog.ipleaders.in/the-protection-of-women-from-domestic-violence-act-2005/> accessed 7 July 2024.

[4] Amrita Chakravorty, ‘Protection of Women Against Domestic Violence And Maintenance’ (IndiaFilings – Learning Centre, 15 July 2020) <https://www.indiafilings.com/learn/protection-of-women-against-domestic-violence-and-maintenance/> accessed 6 July 2024.

[5] Lawjure, ‘LAWS AGAINST DOMESTIC VIOLENCE IN INDIA’ (Lawjure, 25 December 2020) <https://www.lawjure.com/laws-against-domestic-violence-in-india/> accessed 6 July 2024.

[6] ‘Explained: What Are Domestic Abuse Laws In India, Do They Cover Same-Sex Relationships?’ (Outlook India, 8 May 2023) <https://www.outlookindia.com/national/explained-what-are-domestic-abuse-laws-in-india-do-they-cover-same-sex-relationships-news-284608> accessed 6 July 2024.

[7] Subodh Asthana, ‘Domestic Violence: Overview of Types & Punishments under DV Act’ (iPleaders, 30 January 2020) <https://blog.ipleaders.in/domestic-violence/> accessed 6 July 2024.

[8] Vrinda, ‘Landmark Judgements On Protection Of Women From Domestic Violence Act, 2005’ (lawyersclubindia) <https://www.lawyersclubindia.com/articles/landmark-judgements-on-protection-of-women-from-domestic-violence-act-2005-14808.asp> accessed 6 July 2024.

[9] Asthana (n 7).

[10] Lawjure (n 5).

[11] LIMITED (n 2).

[12] ibid.

[13] Chakravorty (n 4).

[14] LIMITED (n 2).