Nitesh Jandial
In a domestic household, when one or more members of the same household use physical or psychological violence against the other with or without any reason results in “Domestic Violence”
Domestic Violence in India
Gender Inequality, Patriarchal attitude of the societies, and lack of healthy relationship is the main cause of violence against the women. In India consumption of alcohol with any limits and bar on daily basis also leads to rise in domestic violence crimes against the women in domestic households. Children subjected to abuse are likely to behave similarly when they attain Adulthood. Acid attacks, Dowry demands, Dowry deaths, female feticides, rape by family member even by the husband, emotional torture, child marriage, forced marriage, are all common in India which are violence against the women not in the poor or lower class but also in the rich, high and reputed class of the society. The domestic violence is the top crime that the Indian women faced as compared to the other crimes against the women in India. Over 30% of the crimes which are registered by the women in India are the crimes registered under Domestic Violence Act. According to the National Records Bureau (NCRB) during 2019,the highest cases under Domestic Violence Act were registered in Rajasthan followed by Utter Pradesh.
Impact of Lockdown
Have Domestic Violence cases increased during the lockdown period?
Yes, there is a big hike in the domestic violence cases against the women in the lockdown period and this is very unfortunate. According to the reports published by “THE HINDU”, the complaints of domestic violence filed by the women during the Lockdown period breaks the record of past ten years. Among the 14.3% of victims who sought help, only 7% reached the authorities. And the remaining victims sought help only from their immediate family. About 86% of women never sought help and 77% of the women did not mention the incident to anyone.
Domestic Violence Act 2005
The Government of India along with Ministry of Women and Child Development enacted an Act for the protection of women from Domestic Violence which is called as The Protection of Women from Domestic Violence Act 2005. It was brought into force on 26 October 2006.The primary role of this act is to provide protection and safety to a wife from her husband and from her husband relatives and to safeguard the rights of women guaranteed under the Constitution of India. In addition to this, this law extends protection to the every woman living in a domestic household whether she is a Mother, Mother-In-Law,Grand-Mother,Grand- Mother-In-Law, Sister, Sister-In-Law or even a Daughter.
Key features
Major Key features of this act are:-
* Under this Act, Victim should be provided with the medical facilities, shelter home as well as legal aid if and when required.
* On the direction of the Magistrate, Counseling should be provided to the parties involved.
* Protection orders for the Victims safety can be issued
* The respondent has to provide monetary relief or monthly maintenance in case the respondent is husband to the victim as and when ordered by the Magistrate.
* A Protection officer should be appointed by the Government in every District who preferably should be a woman.
* The Magistrate may restrict the respondent from entering the place of residence of both the parties.
* The respondent can’t evict the Victim from the place of residence.
Who and against whom a Complaint can be filedunder this Act
An aggrieved woman can file a complaint if during the time of violence; she was sharing the common household along with the respondent. Under this act:-
* A wife can file a complaint against her husband.
* A daughter-in-law can file a complaint against her husband’s family and other relatives.
* A mother can seek protection against her son and daughter-in-law.
* A daughter can file a complaint against her parents.
* A sister can file a complaint against her other sister and brother.
* Even an aggrieved woman can seek protection under the Domestic Violence Act 2005 even against other female members of her family.
But what happens if the aggrieved person or the victim is a male?
If any violence has been done to the male member of the family by other members of the family or even if a crime has been done by a wife against her husband, the husband in that case has no right vested in it to file a complaint under this Act. A husband can file a criminal complaint against her wife under various provisions of INDIAN PENAL CODE (IPC) for any wrong happens with him.
Grounds on which a complaint can be filed:-
If any women who is aggrieved of Physical abuse, Sexual abuse or Mental abuse she is vested with the right to file a complaint under this act.
* Physical Abuse:-
use of physical force against the victim in a way that cause her bodily injury or hurt like beating, kicking, punching, throwing objects, damaging property, leave her alone at a dangerous or unfamiliar place, threatening her while showing weapons, life threats, force her to leave the matrimonial house, braking the door, beating for the demand of dowry etc.
* Sexual Abuse:-
This is also a form of physical abuse. Any situation, in which a victim is forced to participate in unwanted sexual activity either by the husband or by some other family member sharing the same house holds, can result in Sexual abuse.
* Mental Abuse:-
This is third and very dangerous type of abuse. Mental abuse means to torture the victim mentally by verbal abuse such as yelling, name-calling, blaming and shaming, calling her parents and other family members and insulting then, willful negligence in the family, does not treather as a family member, call her servant or force her to do work or job against her will, isolation and controlling her behavior, call her names, insult her or continuously criticizing her also falls under mental abuse.
In India, women are well known and aware about the physical and sexual abuse as it is visible and the society cares about the victim who suffers from these two types of abuses. But the situation is worse for the women who are suffering from the mental abuse. In majority of the cases even the victim herself doesn’t know the fact that she is suffering from the mental abuse.
(The author is joint secretary Bar Association Bishnah)
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