India has had a long history with respect to violence against women. The truth may be bitter, but the fact remains. Domestic Violence stands to be the most common form of violence against women, and while this may seem to be an obvious outcome of the patriarchal values embedded from the very start, the law is stubborn against accepting such reasons and actions.
Any legal system evolves in accordance with the changes in a focused society, and hence the laws protecting women in India take a strict approach towards actions contravening them. Despite these measures, the news contains plenty of disturbing cases of the same happening. The problem lies due to the unawareness of these laws that exist to protect women from the evil of domestic violence.
Know the law:
Until 2005 the only provision that existed in law against violence towards women within the domestic bounds was Section 498A of the Indian Penal Code, which dealt with “Cruelty by husband or relatives of husband”.
The government enacted the Protection of Women from Domestic Violence Act in 2005 to overcome the major deficiencies and give defined meaning to various forms and acts of violence against women including sexual, economic, and mental violence.
Section 3 of the Act talks about what can be included as domestic violence. The definition has been made more holistic to help even the weakest section of women.
- It includes threats, harassment, abuse, harm, and injuries.
- Additionally, different forms of violence are included, like physical abuse, mental abuse, economic abuse, sexual abuse, verbal abuse, and emotional abuse.
- A domestic violence complaint can be filed against any person with whom the victim has a domestic relationship.
- The act defines a domestic relationship as any relationship arising after living together in a shared household. This includes blood relations, marital relations, live-in relationships, adoptive relations, and families living jointly.
Punishment and remedies:
- The punishments against violence against women can be both civil, i.e. monetary, as well as criminal, i.e. prison terms.
- Apart from this there are various aids to help and protect women, like counseling, protection officers, restraining orders, shelter homes, monetary relief, and child custody as well.
It is very important to recognize domestic violence in its various forms as early as possible and seek the right help. I have been dealing with such cases for a period of 2 decades and, hence, am sufficiently equipped to recognize your problems and advocate for a legal remedy for them.