Indian Laws on Domestic Violence: Key Protections & Remedies

By lead08india Nov4,2024 ##Law #legal
How Do Indian Laws Address Domestic Violence

To curb this offence, our government has made many laws against the offence of domestic violence. In India, 30% of women have suffered domestic abuse at least once since the age of 15, and approximately 4% have experienced spousal violence while being pregnant. A person who is in a domestic relationship with the victim commits this offence. It includes family members, friends. There should be a close cohabiting relationship between the offender and the victim. There are various kinds of domestic violence, which includes senior abuse, child abuse, honour based abuse etc.

Types of Domestic Violence

  • Physical Abuse: It includes causing bodily pain, harm, danger to life, limb or health of the person. It includes hitting, beating, kicking, punching etc.
  • Sexual Abuse: When the abuser or perpetrator coerces or attempts to coerce the victim into engaging in sexual contact or behaviour without their consent. It is an attempt to obtain a sexual act, unwanted sexual comments or approaches, or activities to traffic or otherwise target a person’s sexuality through compulsion.
  • Emotional Abuse: It is the psychological abuse, which includes deflating the victim’s sense of self – worth. These include the act of insulting, name – calling, accusation on character etc.
  • Economic Abuse: It happens when one partner has the control over the other partner’s access to economic resources. It includes the act of not providing food, clothes, and medicines to the women, stopping the women from carrying on her employment.

How Do Indian Laws Address Domestic Violence

  • Protection of Women from Domestic Violence Act of 2005: This Act is the significant legislation, which aims at protecting and addressing the cases of domestic violence against women. It defines the various kinds of domestic violence. It provides for various types of orders like protection order, residence order, and monetary relief to the victim. It also appointed protection officers and established special courts to handle these cases. This Act provides for civil remedies in the form of various types of orders.
  • BNS: Section 85 and 86 of BNS deals with the offence of cruelty against the women in India. This section provides the criminal punishment for the offence of harassment against the women. It is a cognizable and non – bailable offence. The Supreme Court has given guidelines for investigation and trial of cases under this section. These criteria include the necessity for a proper investigation before the accused is arrested, the need for courts to investigate the truth of the complainant’s allegations, and the need for courts to impose fees on individuals who make false or frivolous complaints.
  • Dowry Prohibition Act of 1961: This Act aims to prevent the practice of dowry, which is regarded as social evil in India. It prohibits the giving and taking of dowry. It states that no person will give, take or abet the giving or taking of dowry either directly or indirectly. Under Section 3 of the Dowry Prohibition Act of 1961, demanding or taking dowry is a criminal offence. When the husband or his relatives make dowry-related demands or harass the woman, it can lead to domestic violence. Thus, the Protection of Women from Domestic Violence Act of 2005 recognises such behaviour as a type of domestic violence and gives legal recourse to the victim. Under the DV Act, the court can pass the order of protection order, restraining order, custody order etc.
  • Immoral Traffic (Prevention) Act of 1956: This Act was enacted with the aim to curb the menace of prostitution and human trafficking for sexual exploitation. This Act criminalises the act of soliciting or inducing the prostitution. While the act has been criticised for focussing on penalising victims of trafficking and prostitution rather than perpetrators, it is nonetheless a vital instrument for law enforcement in combating this horrible crime. The act also emphasises the importance of rehabilitation and social welfare measures for victims of trafficking and sexual exploitation, which is a positive step towards addressing the underlying causes of the problem.
  • Juvenile Justice (Care and Protection of Children) Act of 2015: The Act was made with the aim of protecting the rights of children including their right to education, health etc. This Act suggests adopting the child friendly approach. It even emphasizes on rehabilitation and social reintegration of children. This Act even has the provisions for adoption of a child. This Act recognises the right of every child to have a family and to be raised in a family based environment.
  • National Commission for Women Act of 1990: This Act created an agency called the National Commission for Women agency with the task of safeguarding and promoting the rights of women in India. The NCW’s primary goal is to analyze and examine legal and constitutional safeguards for women, offer corrective legislative measures, facilitate grievance resolution, and advise the government on all policy concerns affecting women.

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