Answer By law4u team
Under Indian law, domestic violence is primarily addressed through the Protection of Women from Domestic Violence Act, 2005 (PWDVA), which provides a legal framework to protect women from domestic abuse. Here’s what domestic violence covers under this law: 1. Physical Abuse This includes any act of physical violence like hitting, slapping, pushing, or any kind of harm that causes bodily injury to the woman. It can also include threats of physical harm. 2. Emotional or Psychological Abuse This refers to behavior that causes mental trauma to the woman. It could include constant humiliation, threats, emotional blackmail, or any action meant to control or belittle her. 3. Economic Abuse Economic abuse involves controlling or restricting a woman’s access to money or financial resources. This includes: Preventing her from having access to her earnings Not providing basic necessities or financial support Forcing her to live in poverty despite having financial means 4. Sexual Abuse Any form of sexual violence or coercion, including forced sexual acts, harassment, or abuse, falls under sexual abuse. This can also include marital rape, which was recently included in discussions regarding laws, though still not criminalized in some cases under IPC. 5. Verbal Abuse This includes constant verbal insults, derogatory comments, and threats that may harm the woman’s dignity or self-esteem. This can include things like calling her names, belittling her, or making her feel worthless. 6. Harassment and Threats Any form of threatening behavior that could be physical, emotional, or mental, including threats of harm to her or her loved ones, or threats to harm her reputation. 7. Any Other Act of Abuse The Act is broad and allows the court to consider other actions that cause harm to the woman in a domestic setting, even if they do not fall strictly into the categories mentioned above. Who Can File a Complaint? Women who are or have been in a domestic relationship with the abuser can file a complaint. This includes not just wives but also women in live-in relationships, mothers, daughters, and others who may have been subjected to domestic abuse. Relief Available Under the Act: The Act provides various forms of relief to women facing domestic violence, including: Protection orders Residence orders (to ensure the woman stays in the shared household) Monetary relief (for medical expenses, loss of earnings, etc.) Custody of children, if applicable Compensation for emotional and psychological abuse The law also allows women to approach the Protection Officer, who assists in filing the complaint and arranging for necessary relief. Scope of Domestic Relationship: It’s important to note that "domestic relationship" is not restricted to spouses. The law covers any relationship where one party lives or has lived in a shared household with the other, including family members like parents, children, siblings, etc.