Children under Domestic Violence Act

INTRODUCTION

Domestic abuse is still a problem that many societies throughout the world fail to recognise. Domestic violence has arisen as one of the most prevalent concerns in third-world nations, since most legislative bodies in these countries refuse to acknowledge the fact that rigorous laws should be created to protect children and young people from any physical or mental abuse. The United Nations, an inter-governmental organisation, identified domestic violence as a pattern of conduct shown by an individual who has a considerable advantage of power over another, regardless of any close relationship.

Domestic violence and child abuse are increasing at an alarming rate in all countries. The danger that this phenomena offers to youngsters in particular is exceedingly dangerous, because every child’s mind and conscience are particularly sensitive to being influenced by any scenario that comes their way. Domestic violence against children is often performed by someone familiar to the kid; this person might be the child’s parent or a member of the family.

Nature of domestic violence on children

Women are the most common victims of domestic violence, but there is little or no research available on the subject of domestic violence against children. This demonstrates a lack of understanding among the general public about the grave consequences of such assault towards children. As a result, all countries across the world must establish strict laws against child abuse techniques.

Children all across the world are subjected to two sorts of domestic abuse. The first is Corporal Punishment, in which the parent(s) or guardian(s) of the kid employ physical means to compel their child to follow their set of rules. Slapping, thrashing, and belting are instances of physical punishment. When youngsters fight or defy any orders given to them by their parents or guardians, they are subjected to corporal punishment. Forcing a youngster to consume a meal or engage in a particular activity is one example of this.

Another type of domestic violence perpetrated against children is psychological violence, in which case the parent (s) or guardians of the child are involved in the use of force that affects the child’s mental or emotional well-being. . This involves creating a sense of dread or panic within the child not through physical force but with the help of verbal communication such as anger, threats, guilt, exploitation of the child’s emotions, withdrawal of love from the child etc.

Custody of Child under Protection of Women from Domestic Violence Act, 2005

India’s legal system has always been busy protecting the welfare of children and resolving marital disputes between warring parents in such a way that children do not suffer. For that reason, the Protection from Women in Domestic Violence Act, 2005 (“DV Act”) is designed to protect not only women, but children as well. Among other things, this action allows the victim to apply to the court for a temporary custody of the child or children. Appropriate offers are produced here for use by our clients.

Section 21. Custody orders.—Notwithstanding anything contained in any other law for the time being in force, the Magistrate may, at any stage of hearing of the application for protection order or for any other relief under this Act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent:

Provided that if the Magistrate is of the opinion that any visit of the respondent may be harmful to the interests of the child or children, the Magistrate shall refuse to allow such visit.”[1]

India’s Stand Upon The Issue

The State Legislature has enacted various laws that address the issue of child abuse. But no law has been enacted in this country that is clearly enacted to provide protection for children from domestic violence. Some of the Laws that provide protection for children from other social ills are:

  1. Juvenile Justice Act, 2015

The law provides for the protection of the rights of children whose rights are being violated. This is a basic law enacted in India to provide protection for children from such practices.

  1. Prevention of Children from Sexual Offences (POSCO) Act, 2012

This code of law provides protection for children who are experiencing sexual orientation or abuse by anyone. This law imposes a severe penalty on people responsible for violating the rights of the victim.

  1. Indian Penal Code section 373

This section states that anyone who participates in the activities of buying, renting or owning any kind of young girl for the purpose of prostitution. That person will be liable to a fine and to imprisonment for up to ten years.

  1. Indian Penal Code section 376AB

The section states that any person convicted of raping a woman under the age of 12 is liable to a fine and to life imprisonment and the maximum penalty for such offenses could be death.

  1. Criminal Law (Amendment) Bill, 2018

The bill states that in the instance of a rape of a girl child, the inquiry must be finished within two months. This law had several revisions that resulted in a significant variance in the amount of punishment meted out to the respective prisoners.

Conclusion

Domestic violence or child abuse has covered many of the ills of society. This is especially true in a country like India where the law has not yet enacted any law that specifically addresses the issue of domestic violence against children. South African children are therefore responsible for these abuses as there are no strict laws that can protect them from the perpetrators.

References


[1] Case-  Parijat Vinod Kanetkar & Ors. v. Malika Paruat Kanetkar & Ors.

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