What is Domestic Violence?
Domestic violence is a pervasive issue globally, and India is no exception. It operates as a systematic method to assert control and dominance within the confines of a household, often resulting in fear, trauma, and physical or emotional harm to the victims. The motivations behind domestic violence can vary widely, from maintaining power structures within relationships to fulfilling personal desires at the expense of others. In the Indian context, domestic violence primarily targets women perpetrated by their husbands or male family members. It’s important to acknowledge that domestic violence can impact anyone, regardless of gender, age, or sexual orientation. When one talks about domestic violence, it is a systematic method to instill fear and subservience in an individual in a domestic setting like a household. The intent behind this violence can range from the compulsion to maintain the power structure of an individual over the other or to instil/coerce another individual for self-gratification purposes. Domestic Violence in India typically means violence suffered by an individual at the hands of their biological relatives but specifically covers the violence suffered by women from the male members or relatives in her family.
Domestic violence has been defined by the Protection of Women from Domestic Violence Act, 2005. Prior to the Domestic Violence Act, the law governing cases of domestic violence in India were governed by Section 498-A of the IPC. There are two shortcomings of Section 498-A. First being the absence of any provision providing relief or compensation for the victim under this provision. Secondly, section 498-A was applicable only to married women. To overcome these defects the domestic violence Act, 2005 was enacted by the Centre. The reliefs provided by the Domestic Violence Act include shelter, medical facilities, protection order, compensation order, etc.
What amounts to Domestic Violence against women?
According to the domestic violence Act, Domestic Violence means harming or injuring a woman in a domestic relationship. It includes physical, sexual, verbal, emotional, and economic abuse within its ambit. The abuse under the Domestic Violence Act includes not only actual abuse but also the threat of abuse. Any harassment resulting from unlawful dowry demands to the woman or her relatives is also covered by the definition under the Domestic Violence Act. The Domestic Violence Act primarily protects wives or female live-in partners from domestic violence at the hands of the husband or male live-in partner including his relatives. Section 2(a) of the DOMESTIC violence Act(1) defines “aggrieved person” as any woman who is, or has been, in a domestic relationship with the perpetrator and who alleges to have been subjected to any act of domestic violence. The Domestic Violence Act not only covers those women who are or have been in a relationship with the abuser but it also covers those women who have lived together in a shared household and are related by consanguinity, marriage or through a relationship in the nature of marriage or adoption including mothers, sisters or widows.