Domestic Violence-India
In India, domestic violence is any sort of abuse a person receives from a biological related, but often a woman may experience abuse from male family members or relatives. The most current piece of Indian legislation to give a definition of “domestic violence” in the law is the Protection of Women from Domestic Violence Act (PWDVA) of 2005. The PWDVA is a civil statute with protection orders as its primary purpose rather than criminal enforcement.
Domestic Violence Definition
Domestic violence is now defined in India by Section 3 of the PWDVA as “any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:…” and encompasses physical, sexual, emotional, verbal, psychological, and economic abuse as well as threats of such.Protection Orders, Residence Orders, and Monetary Relief are only a few of the many avenues for judicial remedy that the law offers.
Domestic Violence Victims Rights & Laws
Domestic violence victims have a right to the assistance of the police, shelters, and healthcare facilities. Indian activists for men’s rights contend that the nation’s domestic violence laws discriminate against men. However, now The Bharatiya Nyaya Sanhita, 2023 Bill, created under Section 84, recognises and penalises women who are cruel, despite the fact that there is no explicit law addressing this issue. Reporting the incident to authorities is the first step in breaking the taboo surrounding domestic violence, but the risks involved in doing so, which include family members refusing to cooperate, social embarrassment, and retaliatory escalation of violence, may discourage the victim from doing so.
Instead of hiding the problem in the dark corners of society, it is critical to bring it to light as a social concern.The PWDVA and Section 498A of the Indian Penal Code are two laws in India that specifically address married women’s safety from their partners and partners’ families. The first domestic violence-related law in India was the Dowry Prohibition Act of 1961. Indian courts have broadened the definition of domestic violence to cover all types of physical, emotional, and psychological abuse. However, marital rape and other forcible sexual actions on a wife are still not considered crimes under Indian law.
These laws aim to provide comprehensive protection to married women by addressing various forms of abuse within the marital relationship. The PWDVA and Section 498A of the Indian Penal Code specifically focus on protecting women from domestic violence and harassment, while the Dowry Prohibition Act of 1961 primarily targets the issue of dowry-related abuse. Despite these advancements, it is crucial for Indian law to recognize marital rape as a crime and take further steps towards ensuring the safety and well-being of married women.
Recently as reported in the article of Hindustan times, (Delhi women helpline received 6.30 lakh calls in a year; domestic abuse among top cases By Snehashish Roy Aug 12, 2023 04:06 PM IST, It is alleged that between July 2022 and July 2023, the Delhi Commission for Women (DCW)’s 181 helpline received approximately 6.30 lakh calls, a staggering figure. The helpline has received nearly 40 lakh calls over the past seven years. DCW Chief Swati Maliwal questioned the Delhi Police’s accountability and pleaded with the federal government to call a meeting to talk about the issue. Notably, 11,000 of the 92,000 cases that DCW receives come from outside of Delhi since people contact them from other places.
Domestic Violence Statistics
There are a total of 38,342 cases related to domestic violence.
- 9,516 cases are related to conflicts with neighbours.
- 5,895 cases involve rape and sexual harassment.
- 4,229 cases relate to kidnapping.
- 3,647 cases are linked to violations of the Protection of Children from Sexual Offences (POCSO) Act.
- 3,558 cases are associated with cyber crimes.
Domestic Violence Age Group Distribution:
- The majority of cases (around 38,140) were reported by women in the age group of 21 to 31.
- There are 16,939 cases reported by girls aged 11 to 20.
- Approximately 20,000 cases come from women between the ages of 31 and 40.
- 6,686 cases are reported by women above the age of 40.
- 3,735 cases have been received from women aged 60 and above.
- Even women above 90 years of age have reported around 40 cases.
The 181 helpline, operated by DCW, provides around-the-clock support for women in distress. Callers are counseled, and their grievances are directed to relevant authorities such as Delhi Police, hospitals, and shelter homes for resolution. In many cases, a team of counselors is dispatched to assist distressed women personally. Ms. Swati Maliwal has urged the central government to organize a meeting involving key stakeholders, including the police commissioner, Chief Minister, LG, DCW, and Union Home Minister, as the police are directly accountable to them. The purpose of this meeting is to address the substantial data and discuss the way forward in handling these cases.
Domestic Violence Instances
Some of the cases related to domestic violence latest judgments are as hereunder:
Jessica Lal Murder Case (1999); Nisha Sharma Dowry Case (2003); S.R. Batra v. Taruna Batra (2007);Aarushi Talwar-Hemraj Murder Case (2008); Gaurav Nagpal v. Sumedha Nagpal (2009); Smt. Sunita Kumari Kashyap v. State of Bihar (2011);Geetika Sharma Suicide Case (2012);Indra Sarma v. V.K.V. Sarma (2013); Hiral P. Harsora v. Kusum Narottamdas Harsora (2016); Shalu Ojha v. Prashant Ojha (2017); Bhartiben Bipinbhai Tamboli v. State of Gujarat (2018); Sandhya Wankhede vs Manoj Bhimrao Wankhede etc,.
Conclusion
Domestic violence is a complicated and serious issue in India, and the rights and laws pertaining to it are extremely crucial. Domestic abuse victims are entitled to seek help from the police, shelters, and medical facilities, but they frequently encounter major obstacles when reporting such incidents. Domestic violence laws continue to raise issues of gender discrimination, and discussions about their effectiveness and fairness are ongoing.
With the help of laws like the Protection of Women from Domestic abuse Act (PWDVA) and Section 498A of the Indian Penal Code, India has achieved tremendous progress in combating domestic abuse. To offer complete security to all married women, it is urgently necessary for Indian law to classify marital rape as a crime.
The numbers from Delhi’s 181 helpline, which show a high call volume and a wide age range distribution among those impacted, shed light on the severity of the problem. There are actions being taken to address these worries, such as accountability requests and talks with important stakeholders.
The significance of combating domestic violence in Indian society is further emphasised by notable incidents that serve as reminders of the effects of this problem in real life. It is essential to keep up the conversation, spread awareness, and put effective policies in place to combat domestic violence and secure the wellbeing and safety of all those affected by it in the effort to create a more just and equal society.
Incase, You wish to discuss, and talk on any such matter that, ‘You may need help with’.
Feel free to contact us. Our team at Legalwellbeing.in shall be happy to assist. You can also choose to contact at Women Helpline Domestic Abuse 1090.
Women Helpline Number-India
Frequently Asked Questions:
Q1. What are the rights of domestic violence victims in India?
A1. Domestic violence victims have rights to receive police assistance, shelter, and healthcare facilities.
Q2. Are there concerns about gender discrimination in domestic violence laws in India?
A2. Yes, some of the activists argue that domestic violence laws in India are discriminatory in nature and are against men.
Q3. What are the challenges faced by victims when reporting domestic violence to authorities?
A3. Victims may face obstacles like family members not cooperating, social embarrassment, and potential retaliation when reporting domestic violence.
Q4. What are the key laws addressing domestic violence in India?
A4. The Protection of Women from Protection of Women from Domestic abuse Act (PWDVA) andSection 498A of the Indian Penal Code are two important laws.
Q5. Is marital rape considered a crime under Indian law?
A5. Unfortunately, marital rape and other forcible sexual acts / actions on a spouse are not yet considered crimes under Indian law.
Q6. What is the purpose of the women helpline ?
A6. The helpline provides support for women in distress, counseling, and further connects them with relevant authorities and services as may be needed.
Q7. What statistics were reported by the 181 helpline in Delhi related to domestic violence cases?
A7. The helpline received 6.30 lakh calls in a year, with cases related to domestic violence, conflicts with neighbours, rape, kidnapping, and more.
Q8. What age groups are most affected by domestic violence, according to the data?
A8. The majority of cases were reported by women in the age group of 21 to 31, but cases span various age groups, including those above 90 years of age.
Q9. What steps are being taken to address the issue of domestic violence in Delhi?
A9. DCW Chief Swati Maliwal has urged the central government to organize a meeting involving key stakeholders to discuss the handling of these cases.
Q.10 Can you provide examples of notable cases related to domestic violence in India?
A10. Some notable cases include the Jessica Lal Murder Case, Nisha Sharma Dowry Case, Aarushi Talwar-Hemraj Murder Case, and several others.
