Yes, domestic violence can happen even without physical assault under Indian law.
According to the Protection of Women from Domestic Violence Act, 2005, domestic violence includes not just physical abuse but also:
Emotional or verbal abuse:
- Insults, name-calling, threats
- Humiliation or repeated accusations
- Preventing communication with family or friends
Economic abuse:
- Not providing money for necessities
- Restricting access to household resources
- Preventing a woman from working or controlling her earnings
Sexual abuse:
- Any sexual conduct without consent
- Forcing a woman to watch or engage in pornographic acts
Psychological abuse:
- Threats to harm children or family
- Intimidation and constant fear
- Isolation from support systems
So, even without hitting or physical injury, domestic violence can occur if there is any act or conduct that harms, hurts, or threatens the well-being, dignity, or freedom of a woman in a domestic relationship.
Dear client,
Yes, domestic violence can happen even without physical assault according to the Protection of Women from Domestic Violence Act, 2005.
The definition of "domestic violence" in Section 3 of the Act is broad. For the purposes of this Act, domestic violence includes any act, omission, commission, or conduct of the respondent (husband) which harms or injures or endangers the health, safety, life, limb, or well-being of the aggrieved person, whether mental or physical, or tends to do so.
Crucially, the definition explicitly states that domestic violence includes causing:
physical abuse (it means that the acts causing bodily pain, harm, or danger to life, limb, or health, including assault, criminal intimidation, and criminal force).
sexual abuse (defined as any conduct of a sexual nature that abuses, humiliates, degrades, or otherwise violates the dignity of woman).
verbal and emotional abuse (defined further to include insults, ridicule, humiliation, name calling, insults regarding not having a child or male child, and repeated threats to cause physical pain to any person the aggrieved person is interested in).
economic abuse (defined further to include deprivation of financial resources, disposal of assets the aggrieved person has an interest in or is entitled to use, and prohibition or restriction of access to resources or facilities, including the shared household).
Furthermore, domestic violence also includes acts that:
harass, harm, injure, or endanger the aggrieved person to coerce her or a related person for an unlawful demand for dowry or property.
threaten the aggrieved person or related person by conduct mentioned in the physical, sexual, verbal, emotional, or economic abuse clauses.
otherwise injure or cause harm, whether physical or mental, to the aggrieved person.
Therefore, while physical abuse is certainly included, but domestic violence is a broader concept encompassing various forms of non-physical harm and abuse. The overall facts and circumstances are to be taken into consideration when determining if domestic violence has occurred.
I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
