Yes, a woman can seek compensation for mental torture under Indian law. Mental torture, often referred to as mental cruelty, is recognized as a ground for seeking relief in cases of domestic violence, divorce, and other legal matters.
Here are some avenues through which a woman can seek compensation:
Domestic Violence Act, 2005 (The Protection of Women from Domestic Violence Act): Under this Act, a woman who is subjected to mental cruelty or torture by her partner or family members can seek relief. This includes compensation for the physical and mental suffering caused by the abuse. The woman can seek compensation for medical expenses, loss of earnings, and mental trauma.
Divorce Cases: In a divorce proceeding, mental cruelty can be grounds for seeking a divorce. If a woman can prove that she has undergone mental torture due to her spouse's behavior, she may be entitled to compensation. The court may award financial relief or alimony as part of the divorce settlement, depending on the circumstances.
Compensation under the Indian Penal Code (IPC): If mental torture is accompanied by criminal acts (such as harassment, threats, or intimidation), a woman can file a criminal case against the perpetrator. The court can impose fines or sentences that may also indirectly lead to compensation for the victim.
Tort Law: A woman can file a civil suit under tort law for mental harassment, claiming compensation for the harm caused by the mental torture. The compensation would depend on the degree of harm and distress caused.
Maintenance under Section 125 of CrPC: In cases where a woman is financially dependent on her husband or partner and is subjected to mental cruelty, she can seek maintenance under Section 125 of the Criminal Procedure Code (CrPC), which provides relief to women in distress.
Compensation for mental torture is awarded based on the severity of the cruelty or torture, the emotional and psychological distress experienced, and the overall impact on the woman's life. Courts typically consider evidence such as medical records, testimony, and other factors when determining the amount of compensation.
Answer By Anik
Dear Client,
Yes, a woman can be compensated for mental torture under Indian law. Compensation can be granted through civil as well as criminal remedies, based on the nature and circumstances of the mental cruelty or harassment she has experienced. This is how:
1. Under Civil Law
a. Domestic Violence Act, 2005 (PWDVA)
A woman can bring a complaint under the Protection of Women from Domestic Violence Act, which specifically identifies mental and emotional abuse as domestic violence.
Under Section 22 of the Act:
The Magistrate can order the respondent (e.g., husband or partner) to compensate and pay damages for mental torture and emotional distress resulting from domestic violence acts.
b. Tort Law (Civil Suit for Damages)
A woman can bring a civil action for damages against anybody (not restricted to relatives) who has subjected her to mental anguish, defamation, harassment, or psychological trauma and claim compensation in the form of mental suffering in accordance with the law of torts.
2. In Criminal Law
a. Section 498A IPC – Cruelty by Husband or Relatives
If a wife is subjected to mental or physical cruelty at the hands of her husband or his relatives, criminal action can be taken under this section.
Although this section is a criminal provision, compensation can be granted by the court under Section 357 CrPC (Code of Criminal Procedure) during the process of sentencing.
b. Section 509 IPC – Word, gesture or act intended to insult the modesty of a woman
If the mental torture is by way of offensive verbal abuse or acts offending modesty, criminal prosecution can be initiated.
c. Section 354D, 506 IPC, etc., can also be invoked in instances of stalking, intimidation, or harassment inducing mental distress.
3. Judicial Precedents
Indian courts have increasingly held mental harassment and emotional abuse as reasons for:
a. Compensation
b. Divorce (on grounds of cruelty)
c. Protective and restraining orders
For instance, in the case of V.D. Bhanot v. Savita Bhanot (2012), the Supreme Court affirmed the right of a wife to seek relief for past cruelty and mental suffering under the PWDVA.
Conclusion
Yes, an Indian woman can receive compensation for mental torture—be it from domestic violence, workplace harassment, or any other kind of cruelty. The right remedy (civil lawsuit, domestic violence complaint, or criminal prosecution) would be based on the relationship between the parties and the facts of the harm. Courts are now far more responsive to psychological injury, and there is legal provision to access justice for mental suffering.
I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
