Legal Safeguards Against Domestic Violence in India: An Overview

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04-Apr-2024 | Maitri Singh

In a country where women are symbolized as ‘goddesses’, the reality for many women in India is far from the divine portrayal and in many households various forms of domestic abuse are still witnessed on a regular basis. An analysis conducted by the Ministry of Statistics and Programme Implementation (MoSPI) of the National Crime Records Bureau (NCRB) data reveals that one-third of reported crimes against women in India from the year 2016 to 2021 pertained to cruelty by husbands or relatives.

The report highlighted that over the six-year period, Section 498A of the IPC was the most commonly reported offense, and outnumbered the cases of rape and sexual harassment each year. In which, out of a total of 22.8 lakh crimes registered concerning violence against women in India, approximately 7 lakh cases were recorded under Section 498A. This blog will examine the definition and factors surrounding domestic violence, along with an examination of the legal protections available to women in combating this issue.

What does Domestic Violence mean Legally?

Domestic violence in India is legally defined under the Protection of Women from Domestic Violence Act (PWDVA) of 2005. Section 3 of this act outlines that the conduct of the respondent will constitute domestic violence in case it—

(a) 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

(b) 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

(c) 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

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

In other words, domestic violence occurs when one individual attempts to establish control or dominance over another through abusive behavior or actions, in a domestic relationship i.e family unit.

Against Whom can Complaints of Domestic Violence be Filed?

A domestic violence complaint can be filed against any adult male member involved in a domestic relationship with the aggrieved individual. This includes not only the male partner but also other family members such as father-in-law, mother-in-law, brother-in-law, and any relative of the male partner, if the aggrieved person seeks relief under this Act.

Additionally, domestic violence extends beyond marital relationships, and includes relationships between individuals who live or have lived together in a shared household, whether by blood relation, marriage, cohabitation, adoption, or similar arrangements like live-in relationships.

There exists various kinds of abuse such as:

Physical abuse:
- Any act causing bodily pain, harm, or danger to life, limb, or health. It includes assault, criminal intimidation, and the use of criminal force.
Sexual abuse:
- Conduct of a sexual nature that humiliates, degrades, or violates the dignity of women
Verbal and emotional abuse:
- It includes insults, ridicule, humiliation, and name-calling, as well as threats of physical harm or repeated intimidation.
Economic abuse:
- Deprivation of economic or financial resources entitled to the aggrieved person, which includes withholding necessities, stridhan (woman's property), disposal of assets without consent, and restricting access to shared resources or facilities.
Technological Abuse:
- It includes the use of technology to control or hold power against the aggrieved person.

Legal Safeguards Against Domestic Violence

Protection of Women from Domestic Violence Act, 2005 (PWDVA):

As discussed above, the Domestic Violence Act, 2005, PWDVA defines various kinds of abuse. It also offers a range of remedies and rights to victims. These include:

Informing the Protection Officer and obtaining Protection Orders for safety.
Filing applications to enforce government duties, accessing shelter homes and medical facilities, receiving medical aid, and seeking assistance from welfare experts.
Victims have rights to reside in shared households, have custody of children, as well as get compensation.
The Act also allows for penalties for non-compliance and issues orders to determine residency arrangements.
To file a complaint, victims can call 100, register a First Information Report, or request assistance from a protection officer or female officer.
However, challenges remain regarding the Act's limited scope to only heterosexual relationships of legal age, in which remedies are reserved exclusively for women.

Section 498A, Indian Penal Code:

Section 498A of the Indian Penal Code addresses cruelty by husbands or their relatives towards women, that causes different forms of danger to her dignity and rights.

In this section, offenders face imprisonment up to 3 years and a fine and the burden of proof lies on the respondent (male or family members).
Complaints under this section or for domestic violence can be filed at a police station or Crime against Women Cell.
The investigation report is then submitted to the court for cognizance. Complaints can also be filed directly with the Metropolitan Magistrate or the Magistrate of the first class by the aggrieved person, relatives, or recognized welfare organizations.
It is essential to document events chronologically and descriptively, and provide relevant details and medical reports. Additionally, having a copy of the complaint and verifying its details before signing is also crucial.

Dowry Prohibition Act, 1961:

The act abolished the practice of giving and accepting dowry, and gave power to authorities to investigate dowry related claims and impose penalties.

After amendments in 1984, the act allowed for the exchange of presents but made documentation mandatory.
In the 1983 amendment of IPC, provisions were made on dowry-related offenses such as Dowry Death, Abetment to suicide (in case of dowry related suicide) and cruelty by husband and family due to dowry.
Section 304B of the IPC defines Dowry Death, and says that it is punishable by imprisonment for up to 7 years, which can be extended to life imprisonment, if proven that the woman was subjected to harassment for dowry leading to her death within seven years of marriage.

Conclusion

While these laws provide avenues for protection and punishment against domestic violence, challenges still remain in ensuring their effective implementation, addressing the underlying societal attitudes that perpetuate domestic violence as well as inclusion of domestic relationships fall outside the ambit of heterosexual relationships.

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