Is Domestic violence is second bigger problem in India after covid-19? How a woman can get out of this?

                               

                                               

Domestic Violence in India "A curse". How a women can get out of it ?

             During lockdown due to pandemic covid-19 cases of domestic violence are increased. In India Domestic violence is a bigger problem. Most of  the women had suffered from this at any stage of their life or suffering this now. Why most of the Indian women does not take a stand against domestic violence or why they does not speak openly about this. The answer is they are not aware about laws which are provided by our constitution to them. Even they does not know that what is the meaning of Domestic violence. In this article we will discuss the meaning of domestic violence. What remedies are available in IPC(Indian Penal Code) and Domestic violence act 2005. 

Meaning of Domestic violence:- In simple words Domestic Violence means abusing to a woman in her house(where she lived after her marriage with her in laws or husband) by her husband and her in law. This abused could be by different types like verbally, financially, sexually, physically etc. Even most of the women does not know that verbal abusing is also a domestic violence. Some are suffered this in their whole life and because of the continuous verbal abuse some also take steps like suicide or some lost their mental balance.

Domestic violence in IPC(Indian Penal Code) :- In our IPC(Indian Penal Code)for domestic violence word is used "cruelty". It is defined in section 498-A of IPC. This section is inserted in 1983. After the insertion of this section act of cruelty towards a woman is punishable offence. Detail of this section is as follow.

Cruelty means-

(i) Any wilful conduct on the part of the husband or his relative that drives the wife to commit suicide or grave injury or danger to life, limb, or health(whether meantal or physical) of the woman;

(ii) harassment or coercion of the woman to meet any unlawful demand for any property or other valuable security or is on account of failure by her or any person related to her to meet such demand. The punishment for cruelty to woman by the husband or his relative under this section is three years imprisonment with fine.

       This is the definition which is provided in our IPC. In this it is clearly written if a women's husband or her in law harass a women (verbally or physically) or demand any kind of dowry, due to this she commits suicide, or this harassment is dangerous to her health it would be comes under this section. Her husband and in laws will punished with three year imprisonment with fine. Our apex court in 2019 said A woman can file a dowry harassment case from the place where she has sought shelter after leaving her matrimonial home.It can be her parents home or anywhere where she sought shelter. Earlier women can only file cases where cruelty happens. 

Domestic violence act 2005:-

 This act is also enacted to protect the women from domestic violence. It was come into force on 26 october 2006.

• Meaning of Domestic Violence under this act.
• Types of abuses in this act.
• Who is aggrieved person.
• Which place you can call a share household.
• Who can give the information.
• Duties of service provider, Police officer, Protection officer when the report is file.

Meaning of domestic violence under this act :-  Any conduct of act by husband or in laws which is harmful to aggrieved person mentally                  

 or physically, or which threaten the aggrieved by any act which                            

 could be give a serious impact on her physically or mental condition,   

 or any unlawful demand of dowry or any kind of abuses which is

 injurious for woman physical or mental health.        

                                                                  

Types of abuses:- 

• Physical abuse:- Any act which cause physical pain, endanger life, impact on physical health of aggrieved. For eg hitting punches, pull the hairs, slapping.
• Sexual abuse:- Any sexual nature act which degrade the dignity of a women. for eg grabbing clothes of a women.
• Verbal or emotional abuse:- It means insult verbally by calling her name and abusing her continually. Emotional abuse is continually threat a woman which give a bad impact on her  health.
• Economic  abuse:- It means to stop all the financial resources to aggrieved person which is necessary for the aggrieved person and her children for their daily necessities.

Who is aggrieved Person:- Aggrieved person is that woman who is or has been in a domestic relationship with aggrieved person. She alleges the respondent of domestic violence.

A shared household:- A shared household is that place which is owned by husband or taken on rent by husband. It should be belongs to the joint family which the husband is member. there was a landmark case "S.R Batra vs Taruna Batra " in this case the house was belongs exclusively to the mother-in-law of mrs. batra. Husband and wife was lived together for some time there. court said that husband and wife can lived many houses like their aunt house uncle house etc so all can't be there shared household so this is not a shared household because it does not comes under the section 2(s) of domestic violence act 2005."

 

acc to section 2(s) " shared household means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right ,title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household." 

  

Who can give the information:- Any person can give the information if he thinks that there is domestic violence is occured or being occurring. He could give the information to the concerned officer.

Duties of service provider, Police officer, Protection officer when the report is file:- After  receiving the report officer should inform the aggrieved person about her rights, what legal services are available for her, what is her legal rights, how she can file a case under section 498a of ipc (Indian penal code)
 

So these are the remedies which are provided by our indian law. A woman should aware of these all remedies and she should also aware that verbally abuse is also a type of domestic violence. In my opnion govt should run program in every area which can aware every women about her rights.