Author: By Harsha Sharma
Domestic violence is a grave concern that affects millions of people worldwide, and India is no exception. On the whole, we know about people in our family and our friends who have confronted Domestic violence, or they may have been the ones on the giving end. But how frequently have we overlooked and done almost nothing as we have no idea what needs to be done? In India, domestic violence is a pervasive issue that affects individuals across all socio-economic backgrounds. Recognizing the severity of this problem, the Indian legal system has implemented various laws and legislative measures to protect survivors and hold perpetrators accountable.
In India, various laws have been enacted to address domestic violence and provide legal protection to survivors. Key legislations related to domestic violence include:
The Act defines domestic violence as any act or omission by a person against a woman with whom he is in a domestic relationship that causes physical, sexual, verbal, emotional, or economic abuse. It ensures security for women from men in the family. The extent of this Act covers not just the safety of married women but also those women who aren’t married but are in a live-in-relationship. The Act provides for the issuance of protection orders, residence orders, and monetary relief to survivors. It also establishes specialized courts and protection officers to handle cases related to domestic violence.
The IPC contains several sections dealing with offenses related to domestic violence, such as cruelty by husband or relatives (Section 498A), dowry death (Section 304B), and outraging the modesty of a woman (Section 354). Section 498A is a criminal provision that was introduced in 1983 to address the issue of dowry-related violence against women in India. This provision makes it a criminal offense for a husband or his relatives to subject a woman to cruelty or harassment for dowry.
Section 498A of the Indian Penal Code deals with the offence of cruelty by a husband or his relatives towards a married woman. The offence is punishable with imprisonment for up to three years and a fine. Section 498A IPC deals with the offence of cruelty towards a married woman, while Section 304B IPC deals with dowry death resulting from such cruelty. The punishment for each offence is different and the prosecution must prove the ingredients of each offence independently. If the accused is found guilty of both offences, he can be punished for both offences separately.
Section 113A of the Indian Evidence Act, 1872 deals with the presumption of abetment of suicide by a married woman in certain circumstances. This section was added to the Act in the year 1983, to protect married women from cruelty and harassment by their husbands and his relatives.
Section 113A of the Indian Evidence Act, 1872 is a significant provision in protecting married women from cruelty and harassment by their husbands and his relatives. It provides a presumption of abetment of suicide in cases where a woman commits suicide within seven years of her marriage and where there is evidence of cruelty or harassment in connection with dowry or property. However, the presumption is rebuttable, and the court has to consider all the facts and circumstances of the case before arriving at a conclusion.
This Act prohibits the giving or receiving of dowry in connection with marriage and aims to prevent dowry-related harassment and violence against women.
The 2013 amendments to the IPC and other laws introduced stricter penalties for offenses such as rape, sexual harassment, and acid attacks. These amendments enhance the legal protections available to survivors of sexual violence and abuse.
The amendment also increased the punishment for the offence of rape, which now carries a minimum sentence of seven years and a maximum sentence of life imprisonment. The amendment also widened the definition of rape to include acts such as penetration by objects, and introduced the concept of “acid attacks” as a separate offence, punishable with imprisonment for a term not less than 10 years and which may extend to imprisonment for life.
The act has been amended several times to strengthen its provisions against trafficking and sexual exploitation. In 2018, the act was amended to increase the punishment for the offence of trafficking of persons for the purpose of begging, marriage or for any reason.
This Act mandates the establishment of internal complaints committees in workplaces to address complaints of sexual harassment. It provides for a safe and supportive mechanism for survivors to report incidents of harassment and seek redressal.
The Protection of Children from Sexual Offences (POCSO) Act, 2012 is a law in India that was enacted to provide for the protection of children from sexual offences, sexual abuse, and exploitation. The act was passed in response to the increasing incidents of sexual offences against children in the country.
The Act was introduced to address the social evil of child marriage, which has long been a problem in India, particularly in rural areas. It also makes it a punishable offence for any person to perform, promote, or participate in a child marriage. The Act prohibits the solemnization of child marriage and the registration of such marriages, and makes it a punishable offence to do so.
These laws collectively aim to prevent domestic violence, protect survivors, and ensure justice and redressal for victims of domestic abuse in India. It is essential for survivors, advocates, and legal professionals to be aware of these laws and utilize them effectively to address domestic violence and promote gender equality and justice.
However, mere legislation alone is not sufficient; effective implementation, awareness, and access to support services are equally crucial in ensuring the protection and empowerment of survivors. It is imperative for stakeholders, including government agencies, civil society organizations, legal professionals, and individuals, to collaborate and work towards creating a society where domestic violence is not tolerated, and every individual can live free from fear and abuse. The sustained efforts are essential to raise awareness, improve implementation, and create a society that values and upholds the rights of all individuals, free from violence and discrimination.
Disclaimer:- The content of this blog have been prepared on the basis of legal provisions existing at the time of preparation and does not constitute legal opinion for this subject matter. We, at Lawnians assume no liability for use of this information. For detailed analysis and legal advice, you are requested to contact with our expert professionals of this subject matter.