Domestic Violence
INTRODUCTION
As in today World for the ratio of Domestic Violence increasing day by day but the Women try to hide it and want to keep it behind the Closed Door
Relation with Spouse/Partner
Whereby We will Discuss about the several things
What is Domestic Violence
Types of Domestic Violence
Punishment of Domestic Violence
Domestic Violence Act,2005
There are several IPC section which Deals and talk regard the Women protection and for the punishment under it
List of Case Law of Domestic Violence
Now let’s start discussing about the Domestic Violence
What is Domestic Violence
Let’s discuss in General Way,
We can say that the Domestic Violence means where by there is a torture from the Spouse or from the Husband or in relation to the intimate for having forcely Physical relation
Domestic violence is an act of abuse by physical violence of one person by another.
Definition of Domestic Violence
Domestic abuse, also called “domestic violence” or “intimate partner violence”, can be defined as a pattern of behavior in any relationship that is used to gain or maintain power and control over an intimate partner.
There are several kinds of Domestic violence through which They can do domestic violence Either sexual,physical ,Economical And Emotional violence
Nowadays domestic violence note just stop in the between the between the couples couple or we can say that the concept of domestic violence are spreading by the families likewise through sisters,brother, mother in law can say consist of the spouse family through which they feel unsafe and insecure
According to Section 3 of the Protection of Women from Domestic Violence Act of 2005 (DV Act), any act or omission by the Respondent that damages, injures, threatens, or abuses physically, sexually, verbally, or economically constitutes domestic violence.
According to the Union Health Ministry’s National Family Health Survey (NFHS-4), every third woman in India encounters some sort of domestic abuse from the age of fifteen. It also said that 31% of married women have experienced physical, sexual, or emotional torture at the hands of their partners. The main concern is that only around 10% of these women reported violence
TYPES OF DOMESTIC VIOLENCE
Sexual Violence
Physics Violence
Emotional Violence
Economical Violence
Sexual violence
Sexual violence is a type of physical force that involves any act in which a woman is compelled to engage in any undesired, dangerous, or demeaning sexual behavior. It includes calling her names, harming her by using objects and weapons during sex, and even forcing her to have sex by a spouse or intimate partner with whom she has consensual sex.
Physical violence
Physical violence is the use of physical force against a woman so that she sustains bodily harm or injury. Physical assault, criminal intimidation (threaten to cause harm), and criminal force (use force against a person to injure him/her) in the form of beating, stomping, punching, abandoning the aggrieved party in a dangerous place, using weapons to intimidate her, pressuring her to leave her matrimonial home, injuring her children, using physical force in sexual situations, and so on.
Emotional violence
Not all abusive relationships are violent and result in physical harm. Many women are subjected to emotional abuse, which is as damaging as physical violence. It involves loud names calling, accusing, isolating, scaring, displaying domineering behaviour, insulting or constantly criticising her.
Economic violence
Economic violence is defined as, a woman not being supplied with enough money by her spouse to support herself and her children by purchasing clothes, food, medications, and so on. It also involves prohibiting women from working. Apart from that, forcibly evicting her from her home by not paying her rent, denying her of financial resources to which she is entitled under any custom or law, and limiting her access to shared domestic resources also come under this category. It also involves selling or alienating her movable or immovable assets, jewellery, shares, stocks, and other items in which she has a stake.
These are the some Violence through which all the women across the country face these kind of issue in their life by the Husband and by the relative of the husband
Laws that deal with domestic violence cases
In India, there are various laws that specifically address the safety of married women from their partners and their partners’ families.
For the safety Of the women there are several laws are made by the government for the safety and security of the woman from the husband
Let us discuss the laws through which the woman have the protection
Protection of Women Against Domestic Violence Act, 2005
The Dowry Prohibition Act, 1961
Section 498A IPC(Cruelty)
But Women are misusing the Power of 498A for the purpose of
Even if the charge is proven false, the accused is humiliated by the society. Poor and uneducated women may have endured the torment of their husband’s family, but many educated women now use this conduct for illegal motives
They do illegal things in the name of Cruelty and made fake allegations against there spouse
They use this as a Weapon
PUNISHMENT OF CRUELTY
Any person convicted of the offence of cruelty under section 498A can be sentenced to imprisonment for a term of 3 years and is also liable to pay a fine. It is a non-bailable offence
Dowry prohibition act,1961
anything of value provided at marriage by a relative of the bride or groom is regarded as dowry
Offences to be cognizable for certain purposes and to be non-bailable and non-compoundable.
Punishment of Dowry
Any conduct in India that involves receiving or giving dowry is unlawful under the Dowry Prohibition Act. The anti-dowry law has a maximum 5-year prison sentence and a fine of Rs. 15,000 or the amount of dowry given, whichever is greater.
As we above Discussed about Domestic Violence
Let’s now talk and Discuss the importance case law list which is important in the perspective of Law student or for all those who want to acquire their knowledge with the help of The Case Law
Case Law helps the student to understand the concept in Easy maneer
- Lalita Toppo v. the State of Jharkhand, (2018)
- Inder Raj Malik v. Sunita Malik, (1986)
- Hiralal P. Harsora and Ors v. Kusum Narottamdas Harsora and Ors, (2016)
- Sandhya Wankhede v. Manoj Bhimrao Wankhede, (2011)
- V.D. Bhanot v. Savita Bhanot, (2012)
- Rajesh Kumar and others v. the State of U.P, 2017
- Arnesh Kumar v. the State of Bihar & Anr, 2014
- Bibi Parwana Khatoon v. State of Bihar, (2017)
- Kamlesh Devi v. Jaipal and Ors., (2019)
- Ajay Kumar v. Lata @ Sharuti(2019)
CONCLUSION
So,far can say that Domestic Violence didn’t work efficiently
As it was implemented for the safety of the women
And for the welfare of the women
But sad to say but truth is It’s not effective
Domestic Violence act,2005
. It is also true that the Domestic Violence failed to address the issues that women and men confront when it comes to domestic violence, and the law is frequently misapplied when it is employed.
Overall Women are misusing their paper just for personal fight or even for the disputes of their home matter
So These Law didn’t helping them
And this led problem for the Innocent husband who are good in nature but still due to misusing of them have to accept the Punishment
Those law unable to made them to prevent in misuse of power
We should treat equal in eye of Law to all Men and Women
To promote Gender Equality and Fair Justice
Author:MAYANK KUMAR, UNIVERSITY LAW COLLEGE, HazaribaghVBU
