Impact of Domestic Violence Act in Indian Families- An Analytical Studies
Authored By : Sejal Sharma
In this article, we are going to discuss what is domestic violence, how it hampers the peace of the family. Nowadays, domestic violence has become the dark truth of our homes. We discuss the provisions of the Domestic violence Act 2005 and other legislations. There are also some leading case laws along with the statistics and data.
Domestic Violence; Women; Victims; Abuse
Domestic Violence is the violent behavior on the partner in order to gain the power and control over her/him.According to the survey, the crime of the domestic violence increases in the lockdown period, as there are 250 registered cases of domestic violence in month of January increase up to 370 cases in the month of March.
Types of domestic violence-
1.) Physical abuse: It is physically aggressive behavior, and also includes the threat of the physical abuse. Example- hitting, punching, choking, forcible restraint against her will.
2.) Sexual abuse: To force the person to indulge in the sexual activities. They do not consider the victims desire to have sex. Can be done while the person is sleeping, intoxicated and disabled.
3.) Verbal abuse: It means to use the verbal language in order to embarrass and threat the victim. Like- threatening to kill or make harm to them, their children, pets etc.
4.) Economic abuse: the partner control victim by not providing them the sufficient amount of finance. They do not provide money for the basic necessities also.
Laws for the domestic violence:
Protection of women from domestic violence Act 2005, this act provides the protection both the women who are married and who are in live-in relationships. They can get the protection against the perpetrator and his family and can continue to live in the same matrimonial house. Under this Act, the magistrate can also pass the monetary relief to meet the expenses of the aggrieved person.
Dowry Prohibition Act 1961: this is the main cause for domestic violence also. The perpetrators demand a huge amount of dowry from the victim. And unable to fulfill their demands the victim has to suffer a lot of violence and the harassment. According to this act, the mere demand of dowry is also punishable.
Section 498A of the IPC: this section is about the cruelty done by the husbands and his relatives on the women. This section specifically empowers the women. Here the husband shall be punished with the imprisonment for a term which shall extend up to 3 years and shall also be liable to the fine. Here cruelty means willful conduct which causes grave injury to the women.
Hindu Succession Act, 2005: this gave the right that the women has the equal right in the ancestral property of their families. But for the self earned property, it is upon the parents will to divide the property.
Leading case laws-
1.) Indira Sarma v. V.K.V. Sarma (2013) 15 SCC 755
In this the Supreme Court stated that the DV Act is enacted to provide a remedy in civil law for the protection of women being the victims of such relationships and to prevent such happenings in the society.
2.) Vandhana v. T. Srikanth (2007) Mad 553
In this the Madras High Court said that the enactment of the DV Act is to implement the recommendation of the UN Committee on Convention of Elimination of All Forms of Discrimination Against the Women (CEDAW) 1989.
3.) Ishpal Singh Kahai v. Ramanjeet Kahai (2011) Bom 412
In this the Bombay high court reiterated the object of DV Act that is to provide the security and the protection to the victims and prevent the recurrence of the acts of the violence.
Some statistics about the domestic violence in India:
According to the report of the WHO in 2017, every one in three women is the victim of domestic violence worldwide.
The National Family Health Survey 6 gave the data that 31.9% of married women between the age group of 15-49 experienced domestic violence at least once in their life. And these are the women who registered the crime under the category of “cruelty done by husbands and relatives”
According to the National Commission of Women, the complaints of domestic violence are rose by 53% in the first week of the coronavirus lockdown. And according to The Hindu report, this is the highest number of complaints in the last 10 years. Between the period of 25March and the 31 May, 1,477 complaints of domestic violence have been made by the women. In which the 86% of them never sought the help from the others and 77% never reveal the incidents to anyone. Only 14.3% are the victims who sought the help and from which only 7% approach the relevant authorities like the doctors, lawyers, social service etc. and more than 90% only took help from family persons.
Domestic violence is the crime against society, And after seeing the data, we can say that this crime is growing very rapidly and at an alarming stage. But if we compare the situation before and after 2005, there is great improvement because of the Domestic Violence Act, which gave numerous rights to the victims against the perpetrators and we can see the impact by looking at the families who gained justice with the DV Act and the peaceful environment they have in their homes. Apart from this we also need some stringent laws to curb the problems of domestic violence along with creating awareness among the people.
1.) Types of domestic Violence, https://www.acesdv.or/domestic-violence-graphics/types-of-abuse/.
2.) (2013) 15 SCC 755
3.) 2007 Mad 553
4.) 2011 Bom 412
5.) Laws related to domestic violence, https://www.scconline.com/blog/post/tag/Domestic_Violence/
6.) WHO, https://www.who.int/emergencies/diseases/novel-coronavirus-2019/question-and-answers-hub/q-a-detail/violence-against-women-during-covid-19?gclid=EAIaIQobChMIl8P0ruqf6wIViSQrCh1ieg9LEAAYASAAEgLPQvD_BwE
7.) Vignesh Radhakrishnan and Sumant Sen, domestic violence complaints at a 10 year high during COVID 19 lockdown. https://www.thehindu.com/data/data-domestic-violence-complaints-at-a-10-year-high-during-covid-19-lockdown/article31885001.ece