From Fear to Freedom: The Impact of the Domestic Violence Act

The problem of  domestic violence is something which is not limited to any specific culture and demographics, it is a kind of problem which has been seen worldwide. This kind violence  is usually committed by the person who is in the domestic circle of victim; it is often known as intimate violence. The victim and the offender in domestic violence cases are in close relationship. Domestic violence is not limited to physical abuse, mental, sexual and financial abuse is also considered as domestic violence. Under the domestic violence act any close relative, partner, ex partner, family member or friends can be subject to legal action if they commit the offense of domestic violence. To prevent the occurrence of this type of domestic abuse, understanding the root causes, dynamics, and the legal framework surrounding it is very crucial. In this article we will shed light on the complex issue of domestic violence, its various dimensions, and the legal protections available to victims.

Understanding The Domestic Violence Act:

The Domestic Violence Act (DVA) in India outlines the comprehensive details of types of abuse that are considered as domestic violence for example physical, emotional, sexual, and financial abuse. According to Section 3 of Domestic Violence Act, 2005, Domestic Violence is considered when

(a) Harms or injures or endangers the health, safety, life, limp or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) Harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or

(c)  Has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or

(d) Otherwise injures or causes harm, whether physical or mental, to the aggrieved person ets.

Punishment Against Domestic Violence: To prevent domestic violence there various measures and provision is provided to ensure the safety of the victim.

Section 304 B of IPC:  Dowry harassment has been a major cause of domestic violence against women, in this horrific practice the women is torture for the money or any valuable thing by in laws. Indian law addresses the issues related to death of the victim due to harassment related to dowry under section 304 B of IPC.

Sections 313-316 of IPC: These section of Indian IPC address a dark practice which leads to a infanticide of a girl child due the offender valuing son over daughter. Under this offense the woman’s pregnancy is forcefully terminated.

Other Common Section That Addresses Domestic Violence: Apart from above mentioned sections there are other sections of IPC that help women against domestic violence.

Section 305 & 306: These two section of the IPC addresses the issues related to Abetment of Suicide.

Section 340 and Section 349: In case the victim has been tortured with unlawful restraint then they can seek legal remedies under section 340 and 349 of the IPC.

Protection of Women against Domestic Violence Act, 2005: The Protection of Women from Domestic Violence Act, 2005 was passed in the Indian parliament from the perspective of  providing a better protection against domestic violence. With the help of this act women can protect themselves against domestic violence. The Act not just guarantees to safeguard married women it extends the coverage to those women who aren’t married but are in a live-in-relationship. This Act has a mandate that a woman should be free from all types of violence.

Protective Measures Under Domestic Violence Act:

Restraining Orders: As a protective measure under Domestic Violence Act, the victim has a right to seek restraining orders against the offender. Restraining orders restrict the offender from establishing any contact or coming near the victim.

Emergency Assistance:  This act provides only temporary and emergency relief as it ensures that victims of domestic violence have access to emergency assistance when needed. This act has an objective of empowering women needing emergency assistance in case of domestic violence, reliefs provided under the Act are in addition to existing laws.

Support Services Under The Act: 

Counseling Service: The act offers supportive services to victims and counseling is one of them. The act believes that counseling helps them to deal with the trauma they have experienced, understand their rights, and develop strategies for safety and empowerment.

Medical & Shelter Facilities: The Act allows for the appointment of Protection Officers which helps the victim in providing medical shelter facilities to ensure they have a safe place to stay away from their abuser. Protection office is allowed to submit domestic violence applications under section 12 of the act.

Procedure for filing a domestic violence case: 

The  First Information Report (FIR) under this act can be filed by the victim, any witness or the protection officer assigned under the Domestic violence act. The FIR can be filed with a local police officer or with a Magistrate directly. The case will be subject to the jurisdiction as per the residence of the victim or the accused.

After registering the complaint, within the time frame of 3 days the Magistrate will begin the hearing and send notification to the protection officer. The protection office after receiving the notification from the Magistrate shall inform the accused about the hearing. The court makes every effort to complete the case well within 60 days for the first hearing. If the victim wants they can request hearing through digital mode for the first hearing.

In case if the accused is proved guilty after the hearing then court can provide various remedial action for the victim

Restraining Order: The court can slap restraining order on the accused barring the accused from contacting victim and victims family, court may also define the location restriction.

Residence Orders: This act acknowledges the right to live with dignity and court and restrict the accused from moving  the victim out from theri matrimonial home.

Monetary Relief: Court can order compensation for the victim against medical expenses and other losses incurred due to the offense.

Custodial Right of Child: The court can also grant temporary custody of the child/children to the victim

Conclusion: Domestic Violence shows the ugly face of our society, the women who had to endure this type of harassment suffer physically, mentally and emotionally. In order to protect women from domestic violence various legal remedies are available now, Domestic Violence Act of 2005 is one such act which provides emergency relief to victims and seeks to empower them with counseling and supportive services. For building a responsible society we should raise our voice against this dark practice and avail the legal remedies available and hold the offenders accountable for their action. 

Frequently Asked Questions