An analysis into Domestic Violence

ABSTRACT

Domestic violence is also known as ‘Domestic Abuse’. Domestic violence affects the very special god created bond which is popularly known as marriage. Marriage is a relationship between a female and a male member and this bond does not even need any license. Domestic violence refers to the behavior between partners that is used to gain and maintain power over an intimate partner. The domestic violence can be in many types such as physical, economic, emotional and sexual. Children can also be part of domestic violence as many children are harassed by their own relatives and guardians. This problem is not small government have to actions otherwise people will misuse their power and harass each and every person for their personal benefits.

Domestic Violence Act 2005

Women’s on large scale is the victim of domestic violence and not even women’s children’s adults and many more are the victims of domestic violence. Protection of women from domestic violence act 2005, mentioned in section 3 states that any person being part of any harm, injuries, harassment torture whether mentally or physically will come under domestic violence act 2005. Under domestic violence act 2005, the victims get protection from the police officer, magistrate, service provider, who has received a complaint of domestic violence. The sufferer should be provided with shelter home and medical aid should also be provided to them in case there’re any injuries or marks on victim’s body.

1)???Physical Abuse- Physical abuse means any act to the aggrieved body which causes pain, harm, danger, death etc. will and includes assault, criminal intimidation and criminal force.

2)????Sexual Abuse- Sexual Abuse constitutes any conduct of sexual nature that abuse, degrades, or violates the dignity of a woman.

3)???Verbal and emotional Abuse- Humiliation, insults and name calling with defamatory statement. Abusing, giving threats to cause physical pain to any person.

4)???Economic Abuse- Deprivation of all or any financial or economic resources to which the aggrieved person is entitled under any law.

. Disposal of household effects, any alienation of assets whether movable or immovable, valuable, shares, securities in which the aggrieved person has interest or is entitled to use.

. Prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.

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Who is covered in this act?

This act covers all women’s who are mother, sister, wife, widow living in shared household. This act also covers children either adopted of born by the family itself. However, no female, relative of the husband or the male partner can file a case against wife or the female partner, for e.g.: - mother-in-law cannot file a complaint against daughter-in-law

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Who can file a complaint?

. Any women who are suffering from harassment and domestic violence may file a complaint on her behalf.

. A child can also file a complaint in case of domestic violence and if the child is minor then the case is filed by their parents (mother or father). In cases where the mother makes an application to the court for herself, the children can also be added as co-applicants

Against whom can a complaint be filed?

. Adult male member who has been in a domestic relationship with the woman

. Relatives of the husband or the male partner.

. Includes both male and female relatives of the male partner.

How Domestic Violence laws are misused

Domestic Violence laws are frequently used to harass the spouse or any other family member claiming under him, ensuring that he caves to the unlawful demands of the so-called victim rather than vice versa.

As a result, many times, elderly parents and other relatives are wrongly accused of physically and emotionally tormenting the so-called victim, producing unnecessary tension that may result in bad health for the elderly parents and physically and mental pain for the accused’s family members.

Indian case laws on Domestic Violence

Lalita Toppo v. the state of Jharkhand and Anr. (2018)

Facts: -

Lalita Toppo was plaintiff who is in live-in-relationship with a boy, defendant and was not the defendant’s legally wedded wife, had sexual intercourse with the boy and with whom she had a kid. When the couple got separated, the plaintiff sought support from her spouse

Issues: -

Whether a live-in partner can seek maintenance under the domestic violence act 2005?

Judgement: -

A three-judge bench composed of CJI Ranjan Gogoi, Justice U.U Lalita and K.M Joseph observed that Domestic Violence Act 2005 covers economic abuse, and bench noted that the plaintiff must seek maintenance despite the fact that she is not the legally wedded wife.

The defendant has to give Rs 2000 per month to the wife and Rs 1000 per month to the child

?V.D. Bhanot v. Savita Bhanot, (2012)

Facts: -

In this case the parties got married on 23rd August 1980 and on 4th July 2005 the wife(respondent) was driven out of her matrimonial home. The wife filed a petition to the magistrate under section 12 of the Domestic Violence Act. And after sometime, the husband, who served in the armed forces, retired and filed an application to remove his wife from the government housing then court asked husband to make her wife live in 1st floor of matrimonial house and she will give the rent of Rs 10,000.

Issues: -

Whether the Domestic Violence Act, 2005 also includes the victims of domestic violence prior to 2005?

Judgement: -

The court ordered the plaintiff to furnish her with an appropriate portion of his house as well as 10,000 rupees per month for her maintenance. The act’s goal was to safeguard women from domestic violence; hence it should be read in favor of women who are victims of domestic violence.

Conclusion: -

The main root cause for domestic violence is that the women’s are not aware of their basic fundamental rights such as, Article 17(Abolition of Untouchability), Article 21-A (Right to education) many women’s in society do not have knowledge that how to file a complaint again any wrong committed against them. More than 75% women are facing sexual harassment not by their husband but by their husband’s relatives too. No one has given right to any member of a society to harass, sexually abuse a girl. On second hand the mothers have to treat boys and girls equal, both of them should be educated equally. the very famous case of Shivangi Goyal, victim of Domestic Violence and harassment who secured AIR177 in UPSC 2021, got pregnant in her early age after some period of her marriage and was victim of harassment and sexual abuse by her husband and she decided to move to her maternal house and prepared for UPSC exam with her 7 year old daughter and scored a good rank. It was possible because supported her and encourages her to fulfill her dreams and understand her problem which she was facing from a long time.