Domestic Violence

                                                            

Introduction

Part-1

In our society, the torture of women was common for a long time. They were victims of domestic violence.  They were harassed physically as well as mentally.  Domestic violence affects the women in respective of their age, religion, caste, or class. It not only affects the person and her children but also affects society.

As a Lawyer, I have observed domestic violence, and very often leading the brides to commit suicide because of the dowry demands by in-laws. The oppressed are blamed, kept to starve, and provided no adequate medication. And much more heinous acts of verbal torments and threats like a husband to marry another lady are a harsh fact of the society.

  According to The National Crime Records Bureau 2019, suggests out of 4.05 lakh cases under crime against women, 30.9% has registered under section 498 A of the Indian Penal Code. It deals with “Cruelty by husband and his relatives.” The reason behind this is embarrassment, financial dependency, fear of retaliation, etc.

NCRB collects the crime report statistically in Lakh under section 498A of IPC  from all over the country in India. On the other side, National Family Health Survey (2019-2020) has also collected data relating to spousal violence.

 According to the report of The NFHS-5,  Karnataka has a higher rate of spousal violence followed by Bihar(40%), Manipur (39.6%). Telangana(36.9%), Assam

 (32%), and Andhra Pradesh (30%), Lakshadweep (1.3%), Nagaland (6.4%), Goa(8.3%), and Himachal Pradesh (8.3%).

In the case of Indra Sarma v. V.K.V. Sarma(2013) – In this case, it is said that DV Act provides civil remedy and protect the aggrieved from such relationship and other protection or help will be taken from crpc and I.P.C

In the case of Ishmael Singh Kahai vs Ramanjeet Kahai, 2011 – This case depends on the Proprietory right. It gives security and protection to a wife relating to their proprietory right.

Some important Definition-

Aggrieved Person –    it is defined in the 2(a) of Domestic Violence Act, it means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.

In the case of M. Palani v. Meenakshi 2008- the amount of period is not necessary. If they have a shared close relationship then maintenance can be claimed.

Domestic  Relationship– In 2(f) define Domestic Relationship .  Relations between two-person living in the same household as a wife, daughter in law, sister in law, widow or any other member of the family. In terms of blood relationship – mother, sister, daughter and another domestic relationship including adoption, and women in a bigamous relationship or victim of legally invalid marriages

Domestic Violence– under section 3 of Protection of Women from Domestic Violence Act 2005 defines Domestic Violence. It applies to the whole of India except the state of  Jammu and Kashmir.

In the civil point of view, relief, compensation and the right to live at the matrimonial home are granted to the aggrieved women. From the criminal point of view, punishment is granted to the grooms and his family if any type of violence has committed by them.

Domestic violence means any injury relating to the health, wealth, life, mental, physical, sexual of the aggrieved woman or harm to the near once is done to coerce her and to meet the illegal dowry demand.

Important features of the Domestic violence Act

In this Act, Physical abuse means-  any act which causes bodily injuries to the life, limb, health of the aggrieved person. It also includes criminal force and criminal intimidation.

Sexual abuse means -humiliates, degrade, and hamper the dignity of a woman and it also includes forcefully sexual intercourse, demand for oral sex, and watch pornography.

Verbal  or emotional abuse – includes  insult, humiliation, using abusive words if an aggrieved woman not having a child  or not having a male child, threatening to commit suicide,

Economic abuse– not providing money for maintaining her children, not providing food and medicine, forcing women to out of the house, selling all the jewelry without informing her, etc.

                       So this is all about the introduction of the Domestic Violence Act 2005.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

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