The Truth Behind India's Domestic Violence Laws

Domestic violence is a type of violence committed by someone in the victim's domestic circle. It is also referred to as intimate partner violence, domestic abuse, dating violence, and intimate partner abuse. This includes spouses, former spouses, family members, in-laws, and close relatives.

When the victim and the offender have a close relationship, the term "domestic violence" is used. Between the victim and the offender, there is typically a power imbalance. Domestic violence is a significant public health issue because it affects so many people and frequently leads to financial, psychological, and physical harm as well as fatalities.

According to Section 3 of the Domestic Violence Act of 2005, the following are included in the definition of domestic violence:

Threats to Life, Health & Safety, etc., whether Physical or Mental, incorporating Sexual Abuse, Physical Abuse, Verbal and Emotional Abuse, and Economic Abuse, or

  

Harassment through any form such as injuries, harms the aggrieved person by coercing her or any other person related to any unlawful demand for dowry or other property  or valuable security; or     

Otherwise injuring or causing harm, through Mental or Physical means to the Aggrieved Person.

Whom Domestic Violence could be reported?

In the current situation, a complaint can be made against any adult male member who is in a domestic relationship with the person who feels wronged and against whom the person who feels wronged has requested any relief under this Act, including other family members like the father-in-law, mother-in-law, brother-in-law, etc.

Kinds of Domestic violence or abuses:

●        Physical Abuse

●        Sexual Abuse

●        Emotional Abuse

●        Economic Abuse

●        Technological Abuse

Laws on Domestic Violence in India:

In India, Domestic Violence and Dowry Deaths are prevalent. We all know of people in our families or among our friends who have either experienced or committed domestic abuse. However, how frequently have we turned away and done nothing because we didn’t have any experience in dealing with it?

Various laws deal specifically with protecting married women from their partners and their partners' families. In India, various laws deal specifically with protecting married women from their partners and their partners' families;

Protection of Women against Domestic Violence Act, 2005: 

This law was passed by the Indian Parliament to safeguard women from domestic abuse. It outlaws a variety of physical, sexual, emotional, and financial abuse of women, all of which are clearly defined by the Act. It protects women in a household from the male members of the family. The Act's protection extends to live-in partners as well as married women, as well as other family members like mothers, grandmothers, and other female relatives. According to this Act, a woman has the right to be free from all forms of violence.

Section 498A of the IPC (Indian Penal Code): 

If a husband or a member of his family treats a woman brutally, it is against the law. Harassment of a wife for dowry by her husband or his relatives is considered a crime under Section 498A of the IPC. This bullying may take any form, either mental or physical. Forced intercourse with one's wife might be considered cruelty under this Section even if marital rape is not regarded as a crime in India.

Dowry Prohibition Act, 1961:

The giving and receiving of dowry is illegal under this law. The Dowry Prohibition Act of 1961 outlaws the practice of dowry completely. This law states that anyone who offers, accepts, or even demands dowry faces a six-month jail sentence or a fine of up to 5,000 rupees.

Self-reported domestic abuse against women is very common in India. Every other household either in urban or rural areas has a case of Domestic violence, even after all the Domestic Violence Laws in India, this problem doesn’t seem to slow down.

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