What are the laws for protection against Domestic Violence?

November 14, 2014

Women in India which has a patriarchal society have been facing a lot of violence at their homes, particularly, in matrimonial site. Taking the cognizance of the domestic violence, the parliament of India passed section 498A in 1983. This was for the first time domestic violence was recognized as a specific criminal offence. This section deals with cruelty by a husband or his family towards a married woman.

Now, under IPC section 498A, you have protection from four types of cruelties:

  • conduct that is likely to drive a woman to suicide,
  • conduct which is likely to cause grave injury to the life, limb or health of the woman,
  • harassment with the purpose of forcing the woman or her relatives to give some property, or
  • Harassment because the woman or her relatives is unable to yield to demands for more money or does not give some property.

Dowry-related harassment

The law under Section 498A of the Indian Penal Code covers dowry-related harassment as well. If you are being harassed for dowry by in-laws or husband, the provision provides you protection and allows you to go to court to deter this kind of harassment. Though there is specific provision under section 304-B that talks about dowry death; however, you don’t need to wait for that; rather, filing a case under 498A is an apt solution.

When Can You Conclude you is being Facing Cruelty?

You can file a case for cruelty; if,

  • 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.

What are Other Laws that Provide Protection against Domestic Violence?

Apart from 498A, the parliament of India also passed the Protection of Women from Domestic Violence Act 2005 to protect women from domestic violence. The law was brought into force by the Indian government from October 26, 2006 and as of November 2007; it has been ratified by four of twenty-eight state governments in India e.g. Andhra Pradesh, Tamil Nadu, Uttar Pradesh and Odisha.

Protection orders – The DVA gives ample opportunities for both parties to put their evidence and once it is satisfied that a prima facie case of domestic violence has taken place or is likely to take place, passes a protection order in favor of the aggrieved person. The order prohibits the respondent from the following acts:

  • Committing any acts of domestic violence
  • Aiding or abetting in the act of domestic violence
  • Entering the place of employment of aggrieved person or if the person is child, its school or any other places
  • Attempting to communicate in any form including personal, oral or written, electronic or telephonic contact
  • Alienating any assets, operating bank account, bank locker held or enjoyed by both parties jointly or singly by the respondent including her stridhan
  • Causing violence to the dependents, or other relative or any other person who give the assistance to the aggrieved person or
  • Committing any other acts specified by the protection officer

Residence orders – Under this option, the magistrate after hearing the both parties and after getting convinced that a domestic violence has taken place passes residence order:

  • Restraining the respondent from dispossessing or in any manner disturbing the peaceful possession of the shared household
  • Directing the respondent to remove himself from the shared household
  • Restraining the respondent or his relatives from entering any portion of the shared house hold where the aggrieved person lives
  • Restraining the respondent from alienating or disposing of the shared house hold or encumbering it
  • Restraining the respondent from renouncing his right in the shared household
  • Directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her or to pay rent for the same if the circumstances so require.

Monetary relief – The third option available for the victim is go to court and ask for monetary relief. The magistrate may direct the respondent to pay monetary relief to meet the expenses of the aggrieved person and child if any. It may include:

  •  Loss of earnings
  • Medical expenses
  • Loss caused due to destruction or removal or damage of any property
  • Pass order as to maintenance for the aggrieved person as well as her children if any