Domestic abuse includes physical, emotional and sexual violence of any form. The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government from 26 October 2006. The Act provides for the first time in Indian law a definition of "domestic violence", with this definition being broad and including not only physical violence, but also other forms of violence such as emotional/verbal, sexual, and economic abuse. It is a civil law meant primarily for protection orders and not meant to penalize criminally.
Domestic violence is currently defined in India by the Protection of Women from Domestic Violence Act of 2005. According to Section 3 of the Act, “any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:
- harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
- harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
- has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
- otherwise injures or causes harm, whether physical or mental, to the aggrieved person.”
DOMESTIC VIOLENCE TYPES:
- Physical Abuse: This type of domestic abuse involves one person hurting or threatening to hurt someone else, and it can range from what might seem like obvious abusive behaviors like punching to more subtle behaviors like pulling, pushing, forcing someone to drink or do drugs, or refusing to allow someone access to medicine they might need. Any other behavior that hurts the body of someone else can also be physical abuse.
- Sexual Abuse: This type of domestic abuse involves one person forcing or attempting to force or coerce sexual behavior or touch from another person. This might involve unwanted touching of the genitals or breasts, unwanted sex of any type (anal, oral, or vaginal, within a marriage relationship or not), or sexually demeaning or humiliating someone.
- Emotional Abuse: This type of domestic abuse involves one person belittling another person by damaging their self-esteem or sense of worth. It can take many forms, but some of the most common involve talking in a belittling way about someone (alone or in public), constantly criticizing someone's efforts, calling someone names or cursing at someone, or purposefully trying to turn someone's family, friends, or children against them.
- Economic Abuse: This type of domestic abuse involves one person attempting to make another person financially dependent on themselves. It can involve refusing access to money or bank accounts, not sharing information about finances, or not allowing someone to attend work or school so that they cannot become self sufficient.
- Psychological Abuse: This type of domestic abuse involves trying to control someone by using means of fear, intimidation, or threats. Psychological abuse can involve isolating someone from family or friends, threatening self harm or harm to others, destroying property or pets (especially things the abused person loves), and "gaslighting," a process that involves gradually convincing the victim that she is crazy and deserves the abuse.
MISUSE OF THE LAW :
Protection of Women from Domestic Violence Act is a double edged sword. There have been many instances of its misuse by women for unfair gains and torture of their husbands wherein they approach the court with Ulterior Motives and Mala fide intentions and the poor husbands and their families have had to bear the brunt. The misuse of 498A is rampant and we strongly recommend procurring an Anticipatory Bail if you are a husband wrongly accused of inflicting cruelty against your wife.
If you or someone you know is suffering from domestic violence at the hands of their spouses OR you are a husband wrongly accused of domestic violence, do contact us immediately.
There are remedies available under Domestic Violence Act, 2005 as well as under relevant provisions of IPC namely Section 498A, 406 and others.
With our expertise in handling Domestic Violence Cases, you will be placed in safe hands.
