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How does the law protect you from domestic abuse?

How does the law protect you from domestic abuse?

Domestic violence is a type of violence committed by someone in the victim's domestic circle. It is also referred to as intimate partner violence, domestic abuse, dating violence, and intimate partner abuse.

This includes spouses, former spouses, family members, in-laws, and close relatives. When the victim and the offender have a close relationship, the term "domestic violence" is used. Between the victim and the offender, there is typically a power imbalance.

Domestic violence is a significant public health issue because it affects so many people and frequently leads to financial, psychological, and physical harm as well as fatalities.

According to Section 3 of the Domestic Violence Act of 2005, the following are included in the definition of domestic violence:

  • Threats to Life, Health & Safety etc., whether Physical or Mental, incorporating Sexual Abuse, Physical Abuse, Verbal and Emotional Abuse and Economic Abuse, or
  • Harassment through any forms such as injuries, harms to the aggrieved person by coercing her or any other person related to any unlawful demand for dowry or other property  or valuable security; or
  • Otherwise injuring or causing harm, through Mental or Physical means to the Aggrieved Person.

Whom Domestic Violence could be reported against?

In the current situation, a complaint can be made against any adult male member who is in a domestic relationship with the person who feels wronged and against whom the person who feels wronged has requested any relief under this Act, including other family members like the father-in-law, mother-in-law, brother-in-law, etc. or any relative of the male partner.

Kinds of Domestic violence or abuses:

  • Physical Abuse: Physical abuse involves any form of physical behaviour that is inflicted on the victim, including biting, slapping, beating, striking, and kicking. It also includes coercing someone to consume alcohol or drugs and refusing to seek medical attention for them.
  • Sexual Abuse: This occurs when the perpetrator makes unwanted physical contact with the victim. Marital rape, physical assault followed by sex, and assaults on the body's sexual organs are the most common manifestations of this.
  • Emotional Abuse: Emotional abuse entails devaluing or robbing the victim of their self-worth. Constant humiliation, insults, harassment, belittlement, and threats to remove children are also examples of emotional wronged.
  • Economic Abuse: Economic abuse occurs when the abuser seeks to or succeeds in making the victim financially dependent.
  • Technological Abuse: Technological Abuse: It incorporates the utilization of technology to hold and control a partner.

Laws that protect the Rights of Domestic Violence Victim in India:

In India, Domestic Violence and Dowry Deaths are prevalent. We all know of people in our families or among our friends who have either experienced or committed domestic abuse.

However, how frequently have we turned away and done nothing because we didn’t have any experience of dealing with it. India, there are various laws that deal specifically with protecting married women from their partners and their partners' families.

In India, there are various laws that deal specifically with protecting married women from their partners and their partners' families;

  • Protection of Women against Domestic Violence Act, 2005: This law was passed by the Indian Parliament to safeguard women from domestic abuse. It outlaws a variety of physical, sexual, emotional, and financial abuse of women, all of which are clearly defined by the Act.

It protects women in a household from the male members of the family. The Act's protection extends to live-in partners as well as married women, as well as other family members like mothers, grandmothers, and other female relatives.

According to this Act, a woman has the right to be free from all forms of violence. Women can seek protection from domestic violence, financial compensation, the right to live in their shared home, and maintenance from their abuser under this statute.

  • Section 498A of the IPC (Indian Penal Code): If a husband or a member of his family treats a woman brutally, it is against the law. Harassment of a wife for dowry by her husband or his relatives is considered a crime under Section 498A of the IPC.

This bullying may take any form, either mental or physical. Forced intercourse with one's wife might be considered cruelty under this Section even if marital rape is not regarded as a crime in India.

The reach of Section 498A is very broad. It also covers all deliberate acts committed against women that force them to put their lives, their limbs, or their general health in danger. Here, physical and mental wellness are incorporated.

  • Dowry Prohibition Act, 1961: The giving and receiving of dowry is illegal under this law. The Dowry Prohibition Act of 1961 outlaws the practise of dowry completely. This law states that anyone who offers, accepts, or even demands dowry faces a six-month jail sentence or a fine of up to 5,000 rupees.

The Laws for Maintenance in India:

The maintenance and the procedure are defined under various statues and their sections are as follows;

  • Section 125 of Criminal Procedure Code, 1973
  • Section 24 of the Hindu Marriage Act, 1955
  • Section 18 of the Hindu Adoption and Maintenance Act, 1956
  • Maintenance Under Personal Laws in India.

Every day, domestic violence increases quickly. We are not truly speaking out against this aggression, despite the fact that it is one of the most heinous forms of harassment that women in our society now experience. Only in the papers are all the laws still in effect; reality is different.

According to a survey, women make up the majority of victims of domestic violence, but men are also affected. We don't speak up because we believe we are safe, but this is incorrect because domestic violence may affect everyone, regardless of ethnicity, religion, creed, or caste.

If domestic violence is not appropriately addressed, this type of abuse will continue. Domestic violence will continue to exist in all societal classes indefinitely if the issue is not appropriately addressed.

The proper knowledge of rights and how can it can be exercised shall be known by everyone, a vigilant citizen can be protected from domestic abuse if he has the knowledge of law. Hiring a profession legal counsel is equally important for the representation of victim, in order to claim the rights violated and to punish the abuser.

How does the law protect you from domestic abuse?

Discover legal safeguards against domestic violence in India. Laws such as the Protection of Women against Domestic Violence Act, Section 498A of the IPC, and the Dowry Prohibition Act provide comprehensive protection, empowering victims to seek justice and end the cycle of abuse. Learn your rights for a violence-free life.

 

 

 

 

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