Domestic violence against women is not commonplace in Indian society. Many women encounter it throughout their lives, and the majority of them are so used to it that they don’t even report it. However, it is impossible to deny that many people continue to endure domestic abuse. This regulation is nicely positioned in the Indian culture and social environment, and it clearly reflects the Indian men’s thinking.
This Act, as one of the first in this field, has dealt concretely with the problem of domestic violence, taking into account all associated laws, and has endeavoured to eliminate the various ancillary difficulties commonly encountered by such legislations.
WHAT ENCOMPASSES DOMESTIC VIOLENCE?
Domestic violence encompasses causing any harm or injury to the aggrieved woman’s safety, life, health, or well-being by physical, sexual, verbal, or economic abuse. Furthermore, it covers any injury or harm done to the aggrieved lady or her relative in order to persuade her or any other person to fulfil an illegal dowry demand. This term also includes threats to conduct violence.
WHAT CAN BE DEFINED AS DOMESTIC VIOLENCE?
Domestic violence is defined as four types of abuse: physical, sexual, verbal/emotional, and economic. “Physical Abuse” is defined as any act or activity that causes bodily discomfort, injury, or risk to life, limb, or health, or impairs the injured person’s health or development. Assault, criminal intimidation, and criminal force are also included. It refers to a woman who has been in a domestic relationship with the respondent (a man) and claims that he has inflicted domestic abuse on her. Domestic Connection refers to a relationship between two persons who live or have lived together in a common household and are connected through marriage, adoption, or other means.
BENEFITS OF THE ACT
In general, the Act is a beneficial piece of law. In the end, the Act’s flaws do not overshadow the enormous value it might provide to women. The Act is beneficial in that it addresses domestic abuse regardless of the faith of the parties. The DV Act applies to all women, regardless of marital status, age, or religious views. The DV Act’s wide definition of “domestic violence” safeguards women’s rights provided by the Indian Constitution to live in a violence-free household.
CRITICISMS OF THE ACT
Some have criticised the statute for being solely civil, rather than both civil and criminal, as it was intended to be. The criminal portion of the statute is only activated when the act of domestic violence is coupled by another offence, such as failing to comply with a court-ordered protective order.
Many individuals believe that this rule suggests that males are the only perpetrators of domestic abuse. Thus, by enabling only women to register a complaint regarding domestic abuse, this rule breaches and discriminates against males under Articles 14 and 15 of the Indian Constitution.
The Protection of Women from Domestic Abuse Act, 2005, which went into force in October 2006, is a highly promising piece of legislation that combines civil and criminal punishments to give effective remedies to women who become victims of domestic violence. The statute includes provisions for protection officers, medical facilities, and free of charge orders, among other things, to assist aggrieved women in defending themselves and their loved ones.
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