Domestic Violence
Domestic Violence can be described as when one adult in a relationship misuses power to control another. It is the establishment of control and fear in a relationship through violence and other forms of abuse. The violence may involve physical abuse, sexual assault and threats. Sometimes it’s more subtle, like making someone feel worthless, not letting them have any money, or not allowing them to leave the home.
Domestic Violence isn't just hitting, or fighting, or an occasional argument. It's an abuse of power. The abuser tortures and controls the victim by calculated threats, intimidation, and physical violence. . Although both men and women can be abused, in most cases, the victims are women. Many women in India are the victims of domestic abuse. Domestic violence is a CRIME and you must seek help.
Form of domestic violence
Domestic violence can take many forms. Domestic violence can be Psychological Abuse, Social Abuse, Financial Abuse, Physical Assault or Sexual Assault. Violence can be criminal and includes physical assault or injury (hitting, beating, shoving, etc.), sexual abuse (forced sexual activity), or stalking.
Common Forms of violence against Indian women include:
Female feticide, Domestic violence, Dowry death or harassment, Mental and physical torture, Sexual trafficking, and Public humiliation.
The Government taking into consideration the increase of domestic violence especially in matrimonial cases has made special provisions to protect women in such relationships from their abusive husbands and in-laws.
One such law is Section 498-A of the Indian Penal Code which has been specifically drafter for protection of married women from their husbands.
498-A, Husband or relative of husband of a woman subjecting her to cruelty: Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Furthermore the term cruelty has been explained and in pretext of this section includes any willful conduct which is likely to drive women to commit suicide or coarse grave injury or danger to life. It also includes harassment of woman with a view to coerce her or any person related to her to meet any unlawful demand for property or valuable security.
The courts in various cases have held the following to amount to cruelty:
• Persistent denial of food,
• Insisting on perverse sexual conduct,
• Constantly locking a woman out of the house,
• Denying the woman access to children, thereby causing mental torture,
• Physical violence,
• Taunting, demoralizing and putting down the woman with the intention of causing mental torture,
• Confining the woman at home and not allowing her normal social intercourse,
• Abusing children in their mother's presence with the intention of causing her mental torture,
• Denying the paternity of the children with the intention of inflicting mental pain upon the mother, and
• Threatening divorce unless dowry is given.
The Government has also passed the Domestic Violence Act, 2005. Under this act married women have been provided two important rights.
Right to stay in the matrimonial home: The matrimonial home is the household a woman shares with her husband; whether it is rented, officially provided, or owned by the husband or his relatives. A woman has the right to remain in the matrimonial home along with her husband as long as she is married. If a woman is being pressurized to leave the matrimonial home, she can ask the Court for an injunction or "restraining order" protecting her from being thrown out. This can usually be obtained quite easily. It is generally advisable not to leave the matrimonial home; it is easier to get a court order preventing a woman being thrown out than to get an order enforcing her right to return to it once she has left or been thrown out.
Right to obtain a protection order: Women under this act have a right to approach the court and obtain an injunction from the court, restraining the opposite party from:
(a) Committing any act of domestic violence;
(b) Aiding or abetting in the commission of acts of domestic violence;
(c) Entering the place of employment of the aggrieved person or;
(d) Attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact;
Domestic Violence isn't just hitting, or fighting, or an occasional argument. It's an abuse of power. The abuser tortures and controls the victim by calculated threats, intimidation, and physical violence. . Although both men and women can be abused, in most cases, the victims are women. Many women in India are the victims of domestic abuse. Domestic violence is a CRIME and you must seek help.
Form of domestic violence
Domestic violence can take many forms. Domestic violence can be Psychological Abuse, Social Abuse, Financial Abuse, Physical Assault or Sexual Assault. Violence can be criminal and includes physical assault or injury (hitting, beating, shoving, etc.), sexual abuse (forced sexual activity), or stalking.
Common Forms of violence against Indian women include:
Female feticide, Domestic violence, Dowry death or harassment, Mental and physical torture, Sexual trafficking, and Public humiliation.
The Government taking into consideration the increase of domestic violence especially in matrimonial cases has made special provisions to protect women in such relationships from their abusive husbands and in-laws.
One such law is Section 498-A of the Indian Penal Code which has been specifically drafter for protection of married women from their husbands.
498-A, Husband or relative of husband of a woman subjecting her to cruelty: Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Furthermore the term cruelty has been explained and in pretext of this section includes any willful conduct which is likely to drive women to commit suicide or coarse grave injury or danger to life. It also includes harassment of woman with a view to coerce her or any person related to her to meet any unlawful demand for property or valuable security.
The courts in various cases have held the following to amount to cruelty:
• Persistent denial of food,
• Insisting on perverse sexual conduct,
• Constantly locking a woman out of the house,
• Denying the woman access to children, thereby causing mental torture,
• Physical violence,
• Taunting, demoralizing and putting down the woman with the intention of causing mental torture,
• Confining the woman at home and not allowing her normal social intercourse,
• Abusing children in their mother's presence with the intention of causing her mental torture,
• Denying the paternity of the children with the intention of inflicting mental pain upon the mother, and
• Threatening divorce unless dowry is given.
The Government has also passed the Domestic Violence Act, 2005. Under this act married women have been provided two important rights.
Right to stay in the matrimonial home: The matrimonial home is the household a woman shares with her husband; whether it is rented, officially provided, or owned by the husband or his relatives. A woman has the right to remain in the matrimonial home along with her husband as long as she is married. If a woman is being pressurized to leave the matrimonial home, she can ask the Court for an injunction or "restraining order" protecting her from being thrown out. This can usually be obtained quite easily. It is generally advisable not to leave the matrimonial home; it is easier to get a court order preventing a woman being thrown out than to get an order enforcing her right to return to it once she has left or been thrown out.
Right to obtain a protection order: Women under this act have a right to approach the court and obtain an injunction from the court, restraining the opposite party from:
(a) Committing any act of domestic violence;
(b) Aiding or abetting in the commission of acts of domestic violence;
(c) Entering the place of employment of the aggrieved person or;
(d) Attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact;
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