WHAT IS DOMESTIC VIOLENCE?

Domestic violence may be described as any kind of violence in which a person suffers from a biological relative but in the typical sense, what is the violence suffered by a woman by males and her family. Domestic violence is a worldwide problem. It includes abuse in any form that may be physical, emotional, or sexual. In India, the protection of women from domestic violence act 2005 define domestic violence inception 3 as any act, commission or omission, or conducted the respondent amounts to domestic violence, when –

1. It endangers the safety, health, life, limb, or wellbeing mentally or physically or intends to do so by physical, verbal, sexual, emotional, or economic abuse.
2. Harms or harasses the aggrieved person to force her or any person related to her to fulfill any unlawful demands that may be in the form of delivery or any valuable security.
3. Threatens the aggrieved person or threatens any person related to her by any conduct mention in clauses 1 and 2.
4. Injures the aggrieved person mentally or physically.

FORMS OF DOMESTIC VIOLENCE-
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1. Physical violence- the most common and visible form of domestic violence is physical violence. It includes pushing, slapping kicking, hitting, biting, threatening with weapons.
2. Emotional abuse– Emotional abuse is a psychological form of abuse. It can be very dangerous to the physical and mental well-being of a person. It includes threats, harassment, blaming, verbal abuse, and isolation.
3. Sexual assault- is a kind of domestic violence involving reproductive coercion. According to Indian law, marital rape is not considered a crime except during the period of separation of the couple. According to Section 375 of the Indian penal code, forced sex in marriage can be considered a crime only when the wife is below 15 years of age.
4. Honor killing- honor killing is a practice in which one member of a family is killed by another member because it is believed that he or she has brought some shame to the family. The same may be in the form of refusing any arranged marriage, being in a disapproved relationship, homosexual relations, etc.
5. Dowry abuse– in almost all the Hindu families in India, there is a tradition of taking dowry. Some newly wedded wives suffer from harassment due to not having brought enough dowry. Dowry deaths in India are not related to any specific religion. The payment or request of dowry is prohibited by the dowry protection act 1961.

THE LAWS RELATING TO DOMESTIC VIOLENCE IN INDIA

The Protection of Women from Domestic Violence Act, 2005 is a civil law protecting women from the men in the household. It not only protects the married woman but also protects the woman who is in a live-in relationship as well as mothers, grandmothers, etc. Women can seek protection under this law against domestic violence and provide the rights to live in their households and get maintenance in case they are living apart.
Rights to the aggrieved under this act-
1.Right to reside in the shared household.
2.Protection order was issued to the respondent, for the safety of the victim.
3.Residence orders can be issued against the respondent as to whether or not he may stay.
4.Monetary relief
5.Full custody of children may be given to the victim, with visiting hours to the respondent.
6.Penalty to the respondent for not following orders.
7.Penalty to protection officer for not taking action.
This law ensures that women should not get kicked outside their households, protect from their abuses. In such cases, a magistrate can order the abuser to stay away from the survivor.

Another Law, Dowry Prohibition Act, punishes those who give and take dowry. If anyone gives takes or demands dowry, he is liable for 6 months imprisonment or fine up to Rs. 5000.
The provisions of dowry prohibition act may not apply to-

1. A presence that is given at the time of marriage to the bride or bridegroom without any demand.
2. Such presents are entitled in a list maintained following rules.
3. Such presence of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.
   Section 498 A of the Indian penal code, is criminal law, applies to the husband or his relatives, who act cruelly with the woman. Cruelty here refers to any such conduct which instigates a woman to suicide or causes injury to her life or health. In such cases, the offender is liable for up to 3 years of imprisonment.
   ADVANTAGES AND DISADVANTAGES OF SECTION 498 AN OF IPC
   One of the major advantages of the section is that it prevents the exploitation of women which has been a critical issue for years. It also empowers the women to come forward and file complaints. Women always had a fear of not being heard in such cases. With the number of cases increasing and remedies being provided, women are becoming less hesitant in voicing out their problems. The number of suicidal cases has also been decreased and the deaths due to the dowry have also been reduced. Cases registered under section sets an example for others and makes the in-laws more responsible. But there are certain disadvantages of the section too. Certain women misuse the section to put wrong allegations on their husbands and relatives, and even if the husband is the victim, he gets the punishment. In most cases, the investigation is not done and the husband is directly put under custody. Also, getting a remedy from the section is a very long and complex process and includes a lot of paperwork. Sometimes it the patience of a woman. In many cases, women fail to provide evidence which leads to non-Considerations of the complaint. Thus, this section has both advantages and disadvantages.