Domestic Violence is a common occurrence in Indian house-holds. The Domestic Violence Act, 2005 provides protection to all female members of house.
India is
said to be one of the most unsafe places for women. Violence against women is
common not only on the roads and public places, but also within the confines of
their homes. Be it a mother, daughter or a wife, according to statistics, every
Indian woman has faced some sort of violence at her home and through the hands
of her loved ones. This is particularly true for women living in matrimonial
houses, under the care of their husbands and parents-in-law, or women living
with alcoholic/drug abusing male members. A woman invariably falls prey at the
hands of abusive family members, who consider her an easy target and a weaker
gender. However, the Indian Constitution provides various fundamental rights to
women in order to protect them from various notorious elements and stereotypes
of the society.
While
violence against women on the streets is aptly dealt with the Indian Penal Code
and Criminal Procedure Code, in order to specifically address issues of domestic
violence, the Domestic Violence Act was introduced in 2005. The Act aims to
provide a better and more robust framework of legal protections to women in
order to make the promise of the constitution a living reality.
The act
comprehensively defines Domestic Violence. Under the act, any woman can face
violence in the ‘domestic’ setting, such as her matrimonial house, non-marital
house, at the hands of her immediate family members, relatives, people she is
connected with through blood, marriage, adoption or otherwise (including wife
through a second marriage, live-in female partner, illegitimate daughter).
Further, the accused need not be only a male member. It can also be a female
member of her household who can be made liable for the violence.
The definition
of domestic violence is not limited to only physical violence. Given the fact
that patriarchy is systemic, the act recognizes that violence can be inflicted
through explicit and implicit acts, omissions, or failures to perform one’s duty
towards the woman. Domestic Violence in question can be sexual, physical,
verbal, emotional, mental, psychological, and economic. Thus, even forced sex
with one’s wife amounts to domestic violence under the act. Further, if the
legal guardian of the wife fails to take care of her (father, brother, mother,
husband, parents-in-law of a widow, etc.), then also the failure or omission
will amount to Domestic Violence.
The Act
requires the female victim to prove only two things: A valid domestic
relationship between her and the accused, and secondly, the fact that the
victim shares a household with the accused. After this, only a prima-facie
(Prima-facie is a legal term meaning 'based on first-impression) case needs to
be established.
Once the
victim of domestic violence has established the necessary facts to the court,
she is entitled to the following reliefs by the court:
1.
Right to Protection: The victim of domestic violence can seek restrictions of the accused
from entering or frequenting any place she lives at or visits, aiding or
covertly attempting any act of violence against her, communicating with her,
using her property or assets to influence her, threatening or using violence
upon her relatives, or committing any act mentioned in the order.
2.
Right to Residence: A woman who is a victim of domestic violence doesn't lose her rights
to residence. The court ensures that she has a residence or place to stay
without any fear of undue displacement. The shared household remains her vested
interest. The expenses for her separate residence are to be borne by her family
in-charge of her daily maintenance.
3.
Right to Monetary Relief: This is a fundamental relief to the woman facing domestic violence.
She is entitled to receive compensation for her necessary expenses, along with
the medical or material expenses suffered due to the act of violence upon her.
The court fully ensures the victim's financial security.
4.
Right to Custody: The aggrieved woman is entitled to the temporary custody of her children.
Any person who applies for protection on behalf of the woman is also entitled
to such custody.
5.
Right to Damages and
Compensation: As stated earlier, the victim has a
right to seek complete compensation for the damages suffered due to acts of
violence against her.
If you are
facing domestic violence, you can simply lodge a complaint of domestic violence
at your nearest police station or contact any lawyer to help you.
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