AUTHOR: Khyathi priya Nukavarapu, KL university, vijayawada
ABSTRACT:
Domestic violence constitutes one of the most grossly under-reported offences in India, primarily due to societal taint, profitable conquest, and deficient legal knowledge among victims. nonetheless, the legislative frame, especially the Protection of Women from Domestic Violence Act, 2005( PWDVA), and specific corrective provisions under the Indian Penal Code( IPC), analogous to Section 498A dealing with atrocity by husband or relatives of the husband, offer a multidimensional legal frame for access to justice. complementary institutional mechanisms like District Legal Services Authorities( DLSAs), Protection Officers, and Family Counseling Centres further support the victim’s access to remedial and rehabilitative support. The Indian bar has espoused a purposeful and expansive interpretation of statutory vittles, thereby recognizing cerebral, emotional, verbal, and physical abuse within the dimension of “ domestic violence ” as defined under Section 3 of the PWDVA. This judicial energy underscores the commitment to uphold indigenous authorizations of gender justice, quality, and equal protection under Articles 14 and 21 of the Constitution of India.
INTRODUCTION:
Domestic violence is one of the most insidious forms of human rights violations, frequently hidden within the confines of what should be the safest space one’s home. It manifests in colorful forms, including physical assault, verbal demotion, emotional manipulation, sexual compulsion, and profitable privation. While the maturity of reported cases involves women as victims, domestic violence can affect individuals regardless of gender, age, or socio-economic status. Still, women and children remain the most vulnerable groups, frequently trapped in vituperative surroundings due to reliance, fear, and societal prospects.
In the Indian environment, domestic violence has long been overshadowed by artistic morals that discourage speaking out against domestic abuse. The disinclination to report abuse is compounded by social smirch, victim-condemning stations, and lack of access to legal and psychological support. Fearing this issue, the Indian council legislated the Protection of Women from Domestic Violence Act, 2005, a comprehensive civil law aimed at securing women from abuse within domestic connections. In addition to statutory protections, the bar has played a vital part in interpreting laws to uphold the rights and quality of survivors.
Despite these legal safeguards, the gap between law and reality remains wide. numerous victims are ignorant of their rights, while others struggle with the lack of timely and effective implementation of defensive measures. The issue of domestic violence can not be viewed in insulation; it’s intertwined with broader themes of gender inequality, poverty, education, and access to justice. Eradicating domestic violence requires not only legal reforms but also a sustained societal trouble to challenge patriarchal mindsets and empower individualities to seek help without fear or shame.
LEGAL FRAMEWORK
India has developed a robust legal frame to address and help domestic violence, with a focus on securing the rights and quality of individualities, especially women, within domestic connections. This frame is anchored in both civil and criminal law, supplemented by indigenous guarantees and judicial interpretation.
1. Protection of Women from Domestic Violence Act, 2005( PWDVA)
The PWDVA, 2005, is the foundation legislation that provides civil remedies to women facing abuse in a domestic relationship. It astronomically defines domestic violence, covering not only physical violence but also verbal, emotional, sexual, and cerebral abuse.
It includes
Section 3 – Defines domestic violence.
Section 4 – 10 – Lays out places of Protection Officers, service providers, and police.
Section 12 – Allows the dissatisfied woman to approach a Magistrate for relief.
Section 18 – 22 – Provides for various orders analogous to protection, roof, fiscal relief, custodianship, and compensation.
The Act ensures roof rights indeed if the woman has no title or power in the marriage.
2. Indian Penal Code( IPC), 1860
While the PWDVA is a civil law, the Indian Penal Code addresses domestic violence from a criminal perspective
Section 498A – Penalizes atrocity by a husband or his relatives towards a woman. Cruelty includes internal and physical detriment and demands for dowry.
Section 304B – Deals with dowry deaths being under suspicious circumstances within seven years of marriage.
Sections 323, 324, 506 – Address general lawless offenses like hurt, grievous hurt, and lawless intimidation constantly associated with domestic abuse.
3. Criminal Procedure Code( CrPC), 1973
Under Section 125, a woman can claim conservation if her hubby refuses or neglects to maintain her, including financial support as a legal right.
The CrPC also provides for arrest procedures, bail vittles, and trial processes in cases involving domestic violence.
RECENT ISSUES ON DOMESTIC VIOLENCE
2024 Kolkata Doctor Force and Murder
In August 2024, a 31- time-old womanish postgraduate trainee croak at R.G. Kar Medical College and Hospital in Kolkata was ravished and boggled in a council structure. The indicted, a 33- time-old manly communal levy named Sanjoy Roy, was arrested and latterly condemned. The incident led to widespread demurrers and a 42-day strike by inferior croakers pressing enterprises over women’s safety and institutional responsibility.
2025 Meerut Merchant Navy Officer Murder
In March 2025, Saurabh Rajput, a former Merchant Navy officer, was allegedly boggled by his woman, Muskaan Rastogi, and her nut, Sahil Shukla, in Meerut. The victim was reportedly cured, picked, and his body dismembered and concealed in a cement-filled barrel. The case drew public outrage and raised enterprises about domestic abuse and treason.
2025 Andhra Pradesh Domestic Homicide
In early 2025, Putta Guru Murthy, a former army warrior, was arrested in Andhra Pradesh for allegedly boggling his woman, Smt. Putta Venkata Madhavi. He reportedly confessed to strangling her after an argument and trying to dispose of her body by dismembering and boiling the remains. The case stressed extreme domestic violence and the challenges in detecting similar crimes.
2024 Honor Payoff of Aishwarya
In January 2024, Aishwarya, a 19- time-old woman from Tamil Nadu, was allegedly boggled by her parents for marrying a Dalit man. Despite being a grown-up, she was forcefully returned to her family, after which she was reportedly tortured and killed. The incident sparked debates on state-grounded violence and the need for stronger protections against honor killings.
CASE LAWS:
1: Vineeta Sharma v. Rakesh Sharma AIR 2020 SC 3717, AIRONLINE 2020 SC 676
Issue: Inheritance rights of daughters under Hindu law
Overview: This landmark judgment by the Supreme Court dealt with the inheritance rights of daughters in a joint Hindu family property. It was observed that daughters, regardless of whether they were married or not, have equal rights to ancestral property under the Hindu Succession Act, 1956. While this case did not directly address domestic violence, it laid the foundation for recognizing women’s rights in family matters, which plays an essential role in protecting women in domestic violence situations.
Significance: The judgment gave daughters equal rights to ancestral property, thus strengthening the legal and economic standing of women, which can act as a protective mechanism in domestic violence cases.
2: Saroj Rani v. Sudarshan Kumar Chadha 1984 AIR 1562
Issue: Cruelty and mental abuse in marriage
Overview: In this case, the Supreme Court held that mental cruelty can be a valid ground for divorce under Section 13 of the Hindu Marriage Act, 1955. The case involved a woman who suffered mental harassment and cruelty from her husband and in-laws. The Court ruled that the husband’s actions, such as abusive behavior, were sufficient grounds for divorce under the provisions of cruelty.
Significance: This judgment is crucial as it affirmed that mental cruelty, which is often a significant aspect of domestic violence, is a legitimate reason for seeking divorce. It set the precedent for future cases of domestic violence, allowing victims to claim mental harassment as a basis for legal relief.
3: Indra Sarma v. V.K.V. Sarma AIR 2014 SC 309
Issue: Definition of domestic violence under PWDVA
Overview: This case dealt with the definition of domestic violence under the Protection of Women from Domestic Violence Act, 2005. The Supreme Court clarified that the term “domestic violence” not only includes physical violence but also psychological, emotional, and economic abuse. The Court also held that even though the woman was not living with her husband at the time of the abuse, she was still entitled to seek protection under the Act.
Significance: This judgment broadened the scope of domestic violence to include all forms of abuse, not just physical. It also highlighted that women who are estranged from their partners are still entitled to protection, irrespective of their current living arrangements. This has been a key ruling in extending the rights of women facing various forms of domestic abuse.
CONCLUSION:
India’s legal framework provides a robust mechanism for victims of domestic violence, ensuring access to protection, maintenance, and justice. While challenges such as underreporting and social stigma persist, the legal remedies available under various laws such as the PWDVA, IPC, and CrPC, offer significant avenues for seeking justice. Empowering victims with knowledge about these laws and resources is critical for the effective eradication of domestic violence.
FAQ: Whom to Consult if There is Domestic Violence or Abuse in India?
Q1: Who should I approach if I am experiencing domestic violence or abuse in India?
A1: If you are a victim of domestic violence or abuse, you can approach several authorities and organizations for help:
Police: You can file a First Information Report (FIR) at the nearest police station. Police are legally obligated to intervene in cases of domestic violence. You can also call the National Women’s Helpline (1091) or State Women’s Helplines for immediate assistance.
Women’s Rights Organizations: There are numerous NGOs and women’s organizations that offer counseling, legal aid, and protection services. Examples include Jagori, Lawyers Collective, and Centre for Social Research.
Protection Officers: Under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), each district has a designated Protection Officer who helps victims file complaints and secure protection orders.
Legal Aid Cells: If you cannot afford a lawyer, you can approach the National Legal Services Authority (NALSA) or your State Legal Services Authority for free legal assistance.
Family and Friends: If safe, you can also confide in family members or friends who can provide support, help you make informed decisions, and guide you in seeking professional help.
Counseling Services: Many NGOs and government schemes offer counseling services for both victims and perpetrators. For example, Sakhi is an initiative by the Ministry of Women and Child Development that offers counseling, legal support, and emergency assistance.
Women’s Helplines: Dial 181 to reach a helpline dedicated to supporting women facing abuse. This service provides immediate help, counseling, and referral to appropriate legal or emergency services.
Q2: What should I do if I am in immediate danger?
A2: If you are in immediate danger, you should:
Contact the police immediately by dialing 100 or 1091 (Women’s Helpline).
Seek refuge with a trusted family member, friend, or neighbor.
If possible, leave the abusive environment and find a safe place or shelter.
Q3: Can I get a protection order against the abuser?
A3: Yes, under the Protection of Women from Domestic Violence Act, 2005, you can seek a protection order from the court to prevent further abuse. You can also ask for a residence order to stay in the shared home or receive monetary relief for expenses incurred due to the violence.
Q4: How can I get free legal assistance?
A4: If you are unable to afford legal representation, you can approach:
The National Legal Services Authority (NALSA) or State Legal Services Authorities, which provide free legal aid to women in distress.
You can also contact various women’s organizations and legal aid clinics that offer pro bono legal services.
Q5: Are there any helplines for domestic violence cases in India?
A5: Yes, you can call the following helplines for immediate assistance:
National Women’s Helpline – 1091: Provides support, legal advice, and connects you to relevant services.
Women’s Helpline – 181: For emergency support, advice, and referrals for victims of domestic violence.
Childline India – 1098: For cases of child abuse or neglect.
Q6: How can I stay safe while seeking help?
A6: While seeking help, prioritize your safety. Here are some tips:
If possible, maintain a discreet communication with trusted individuals.
In situations of immediate danger, seek a safe place (friend’s house, relative’s place, shelter).
If you are filing a police report or seeking legal help, ensure it is done when the abuser is not around.
Q7: Can I get counseling for emotional or mental abuse?
A7: Yes, both individual counseling and family counseling are available through government programs, NGOs, and other organizations. Many helplines also offer emotional support and can direct you to mental health professionals.
