Punishment for Domestic Violence in India | Law Optional Notes for UPSC PDF Download

Domestic Violence in India

• Domestic violence remains a significant issue in India, posing a threat to individuals and families.
• Legislation like the Protection of Women from Domestic Violence Act 2005 aims to combat this issue by providing legal protection and remedies for victims.

Understanding Domestic Violence

Domestic violence, as per the Domestic Violence Act 2005, includes:

• Threat to Health, Life, and Safety: This can be physical, emotional, or sexual abuse that endangers the victim's well-being.
• Harassment: Involves coercion, injuries, or unlawful demands like dowry.
• Harm or Injury: Inflicting physical, emotional, or mental harm on the victim.

Legal Decisions

• In legal cases like Vajresh Venkatray Anvekar v. State of Karnataka, courts have emphasized the seriousness of domestic violence, rejecting the notion that isolated incidents of abuse are acceptable.
• Similarly, in V.D. Bhanot v. Savita Bhanot, the court recognized situations where individuals, like a woman left without means of support after a long marriage, are victims of domestic violence.

Different Types of Domestic Abuse

• Physical Abuse: Physical abuse constitutes any form of violent behavior that inflicts pain and suffering on the victim. This can include actions like slapping, biting, kicking, hitting, or beating. It may also involve coercing someone into using drugs or alcohol against their will or withholding necessary medical care.
• Economic Abuse: Economic abuse occurs when the abuser exerts control over the victim's financial resources, aiming to make them financially reliant. This manipulation may involve managing the victim's finances, restricting their access to money, or obstructing their efforts to secure employment or educational opportunities.
• Technological Abuse: Technological abuse refers to the use of technology to dominate or influence a partner in an abusive manner. This can encompass actions such as monitoring the partner's online behavior, regulating their use of electronic devices and social media, or employing technology to harass or intimidate them.

Punishment for Domestic Violence under Indian Penal Code & Criminal Procedure Code

• Criminal law in India primarily deals with punishment for domestic violence through two key legislations: the Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC).

Section 498-A: Cruelty

• Section 498-A of the IPC focuses on acts of cruelty against women by their husbands or relatives, prescribing penalties like imprisonment for up to three years and fines.
• Cruelty, as explained in Section 498-A, includes deliberate actions that might lead a woman to consider suicide, cause physical or mental harm, or involve harassment for monetary gain.
• In the case of Social Action Forum for Manav Adhikar v. Union of India, the court upheld the constitutionality of Section 498-A and set out guidelines for investigating officers to handle such cases with care.
• The Supreme Court, in Rajesh Sharma v. State of U.P., raised concerns about potential misuse of Section 498-A, noting the tendency to unfairly implicate entire families based on vague accusations during marital disputes. The court stressed the need for thorough investigations to prevent unwarranted arrests and ensure sincerity in complaints.
• Apart from Section 498-A, the IPC also covers provisions for punishing husbands in cases of dowry death under Section 304-B, as well as addressing offenses related to grievous hurt, hurt, and abetment to suicide.

Section 125, CrPC: Maintenance Orders

• Section 125 of the CrPC allows for maintenance orders for wives, children, and parents, focusing on preventing hardships rather than punitive measures.
• The definition of a wife under Section 125 is broad, including not just married women but also divorced women, second wives, and women in live-in relationships, excluding those in void marriages.

Punishment for Domestic Violence under the Protection of Women from Domestic Violence Act, 2005

• Legal recourse for domestic violence requires a domestic relationship between the perpetrator and the victim.
• A domestic relationship entails individuals living together in a shared household and being related by blood, marriage, or a relationship akin to marriage.
• The term "like marriage" has a broad interpretation.
• In the case of Indra Sarma v. V.K.V. Sarma, guidelines were provided to determine if a live-in relationship falls under the scope of a relationship "like marriage."
• On the contrary, in D. Velusamy v. D. Patchaiammal, it was established that a one-night stand or a weekend together does not establish a domestic relationship.

Eligibility for Remedies under the Domestic Violence Act, 2005

• According to Section 2(a) of the Act, an aggrieved person eligible for remedies is a woman who has been in a domestic relationship with the perpetrator and has experienced domestic violence.
• Even if the woman is no longer in a relationship with the respondent, she can still seek remedies under the Protection of Women Against Domestic Violence Act, 2005.

Scope of Domestic Violence Act, 2005

• Section 2(q) of the Act defines respondents as individuals who can be perpetrators of violence against women.
• In the case of Hiralal P. Harsora v. Kusum Narottamdas Harsora, it was clarified that respondents are not limited to adult males but also include women and non-adult males.
• A landmark judgment overturned the ruling in Ajay Kant Sharma v. Alka Sharma.
• In Sandhya Manoj Wankhade v. Manoj Bhimrao Wankhade, it was emphasized that female relatives could be considered "relatives" of the husband or male partner under the Act.
• The legislature intended to include female relatives in the Domestic Violence Act 2005 provisions, despite the term "female" not being explicitly used in Section 2(q).
• The term "relative" should not be narrowly defined and is not specific to males only.

Remedies Under the Protection Of Women Against Domestic Violence Act, 2005

Right To Reside In A Shared Household

• Every woman in a domestic relationship has the right to reside in the shared household, regardless of property ownership.
• The respondent is prohibited from evicting or excluding the aggrieved person from the shared household.
• Relief of residence orders can include various restrictions and directives to protect the aggrieved person.
• Example: In the case of Ishpal Singh Kahai v. Ramanjeet Kahai, the victim could seek a residence order for the shared household.

Protection Orders

• The magistrate can issue a protection order to prevent the respondent from engaging in acts of domestic violence.
• Various actions, such as committing violence or attempting to communicate with the aggrieved person, are prohibited under this order.
• Example: Madhusudan Bhardwaj v. Mamta Bhardwaj highlighted the importance of proving domestic violence for protection orders.

Monetary Reliefs

• The magistrate can order the perpetrator to provide monetary relief for expenses and losses due to domestic violence.
• This relief may cover loss of earnings, medical expenses, loss of property, and maintenance.
• Example: Ajay Kumar v. Lata allowed a claim for maintenance against the deceased husband's brother in certain circumstances.

Custody Orders

• The magistrate can issue temporary custody orders for children involved in the case.
• These orders prioritize the welfare and best interests of the child during legal proceedings.

Compensation Orders

• The magistrate can direct the payment of compensation for physical and mental injuries caused by domestic violence.
• This provision aims to address the harm suffered by the aggrieved person through financial redress.

Other Civil Remedies

• Aside from the Protection Of Women Against Domestic Violence Act, other civil remedies exist to address domestic violence issues.
• These include divorce, judicial separation, restitution of conjugal rights, maintenance, and alimony.
• Example: Alimony involves one spouse providing financial support to the other after divorce or separation.

Conclusion

• In conclusion, the legal response to domestic violence in India is guided by the comprehensive Protection of Women from Domestic Violence Act of 2005. This legislation incorporates a range of measures to address domestic violence, encompassing protection orders, residence orders, monetary relief, custody orders, and compensation for injuries. Perpetrators of domestic violence may face legal consequences, including restraining orders, financial compensation, and temporary loss of custody rights. The severity of punishment is contingent on the nature and gravity of the offense.
• Additionally, Section 498-A of the Indian Penal Code specifically penalizes cruelty against women, while Section 125 of the Criminal Procedure Code establishes provisions for maintenance orders, thereby contributing to a multifaceted legal framework aimed at combating domestic violence.