Domestic violence under Indian law refers to any form of abuse or violence inflicted on a woman by a person with whom she has a domestic relationship. It is recognized and addressed under The Protection of Women from Domestic Violence Act, 2005 (commonly known as the Domestic Violence Act). This law provides a broad and inclusive definition of domestic violence, recognizing not only physical abuse but also emotional, verbal, sexual, and economic abuse. Key aspects of domestic violence under Indian law: 1. Who is protected? Only women are protected under this law. Any woman who is or has been in a domestic relationship with the respondent (the accused person) can seek protection. This includes wives, live-in partners, mothers, sisters, widows, or any female relative. 2. Who can be the accused? The accused (called the respondent) is usually an adult male who is or was in a domestic relationship with the woman. However, in certain cases, even female relatives of the husband or male partner can be made respondents. 3. What constitutes domestic violence? Under Section 3 of the Act, domestic violence includes: Physical abuse: Hitting, slapping, beating, pushing, or any bodily harm. Sexual abuse: Any non-consensual sexual conduct. Verbal and emotional abuse: Insults, name-calling, humiliation, threats, or mental torture. Economic abuse: Denial of money, food, shelter, or other basic needs; controlling finances; not allowing the woman to work. 4. What is a domestic relationship? It includes relationships like marriage, live-in relationships, joint family relationships, or any relationship in the nature of marriage where the woman resides or has resided with the respondent. 5. Legal remedies available to the victim: Protection Order – to prevent further acts of violence. Residence Order – to allow the woman to stay in the shared household or get alternative accommodation. Monetary Relief – for expenses like medical treatment, loss of earnings, or maintenance. Custody Order – for temporary custody of children. Compensation Order – for the injuries, emotional distress, or loss suffered. 6. Who helps implement the law? Protection Officers – Appointed by the government to help victims file complaints and access legal remedies. Magistrate/Court – Can pass orders for protection, maintenance, custody, etc. Police – Must assist the woman and enforce court orders. 7. Filing a complaint: A woman can file a complaint with: The nearest police station, A Protection Officer, Directly in the Magistrate’s Court. No court fees are required, and the process is meant to be simple and accessible. Important Note: Domestic violence is a civil law remedy under this Act, but certain actions (like assault, dowry harassment, cruelty) may also lead to criminal charges under sections of the IPC (e.g., Section 498A). This Act aims to protect the dignity, safety, and well-being of women in the domestic sphere and offers both immediate and long-term relief to survivors.
Answer By AnikDomestic Violence Act 2005 is the first significant attempt in India to recognise domestic abuse as a punishable offence, to extend its provisions to those in live-in relationships, and to provide for emergency relief for the victims, in addition to legal recourse. Section 2(a) of the Act will help any woman who is or has been in a domestic relationship with the ‘respondent’ in the case. Section 2 (q) states that any adult male member who has been in a domestic relationship with the aggrieved person is the ‘respondent’ Domestic violence is defined in a comprehensive way in S. 3 of the Act, comprising: - Physical, mental, verbal, emotional, sexual and economic abuse, - Harassment for dowry, - Acts of threatening to abuse the victim or any other person related to her.
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