University of Lucknow

Law Relating to Women & Children

Topic: Domestic Violence Against Women

Submitted To: Dr. Shyamalee Mishra

Guest Faculty,
University of Lucknow
Submitted By: Suneel Kumar Patel
Roll No: 180013015081
Sem.VII, Sec. A
LL.B. (Hons)
Faculty of Law, University of Lucknow

Page 1 of 13
 Table of Content

1) INTRODUCTION

2) WHAT IS DOMESTIC VIOLENCE?

3) WHAT CONSTITUTES DOMESTIC VIOLENCE

4) AGAINST WHOM DOMESTIC VIOLENCE CAN BE FILED

5) TYPES OF DOMESTIC ABUSES

6) PUNISHMENT AGAINST DOMESTIC VIOLENCE

7) LAWS ON DOMESTIC VIOLENCE

8) INCREASED CASES OF DOMESTIC VIOLENCE DURING COVID-19

9) CONCLUSION

10) BIBLIOGRAPHY

Page 2 of 13
 INTRODUCTION

Domestic Violence is an act of physical, sexual or psychological abuse against a woman by

someone who is intimately connected to her through marriage, family relation or acquaintanceship.
It has its roots in the patriarchal set up of the society. Women have always been considered to be
the weaker sex. Right from the later Vedic age to the 21st century, Indian women have never
experienced the freedom that men have. They have always been subjected to inequality. The
subordinate status of women combined with patriarchal ideologies is a major cause of domestic
violence. According to ‘United Nation Population Fund Report’, around two-third of married
Indian women are victims of Domestic Violence attacks. To protect women against Domestic
Violence, the Parliament passed ‘The Protection of Women from Domestic Violence Act, 2005’
According to this act, any woman who has been subjected to domestic violence can file a
complaint to the police officer, protection officer or the magistrate in the form of ‘Domestic
Incident Report’, which is similar to an FIR. However, this act is not enough. In light of the
increasing instances of domestic violence against women, the government needs to take more
stringent measures to reduce the prevalence of domestic violence against women.

WHAT IS DOMESTIC VIOLENCE?

Domestic Violence, which is also known as Intimate Partner Violence, Domestic Abuse, Dating
Violence and Intimate Partner Abuse, is a type of violence committed by someone in the victim’s
domestic circle. This incorporates partners & ex-partners, family members, close relatives and
family friends.

The term “Domestic Violence” is used when there is a close relationship between the victim & the
offender. Usually, there is a power gap between victim and the offender. Domestic Violence is a
major Public Health Issue in that it affects a large number of individuals and many time results in
physical, mental and economical injuries & even deaths.

Page 3 of 13
 WHAT CONSTITUTES DOMESTIC VIOLENCE?

Section- 3 of the Domestic Violence Act, 2005 says that what comprises Domestic Violence as
indicated by which Domestic Violence will include: -

(a) Threats to Life, Health & Safety etc., whether Physical or Mental, incorporating Sexual
Abuse, Physical Abuse, Verbal and Emotional Abuse and Economic Abuse, or
(b) Harassment through any forms such as injuries, harms to the aggrieved person by coercing
her or any other person related to any unlawful demand for dowry or other property or
valuable security; or
(c) Otherwise injuring or causing harm, through Mental or Physical means to the Aggrieved
Person.

AGAINST WHOM DOMESTIC VIOLENCE CAN BE FILED?

In the current day situation, complaint can be lodged against any Adult Male Member who is in a
Domestic Relationship with the aggrieved person and against whom the aggrieved person has
sought any relief under this Act including the other members of the family, for example, Father-In-
Law, Mother-In-Law, Brother-In-Law etc. or any relative of the male partner.

TYPES OF DOMESTIC ABUSES

(i) Physical Abuse: It include any sort of violent conduct inflicted on the victim
(Slapping, biting, beating, hitting, kicking, etc.) It also includes forcing someone to
use Alcohol / Drug and denying someone’s medical treatment.
(ii) Sexual Abuse: It happens when the abuser forcefully try to make physical contact with
victim without his/her consent. This mostly takes the form of Marital Rape, Physical
Violence followed by sex, attacks on the sexual parts of the body.
(iii) Emotional Abuse: It implies discrediting or emptying the victim’s sense of Self-
Esteem. Emotional abuse also includes constant humiliation, insults, and threats of

Page 4 of 13
 harm, belittling, threats to take away children.

(iv) Economic Abuse: It happens when the abuser makes or attempts to make the
victim financially reliant.
(v) Technological Abuse: It incorporates the utilization of technology to hold and
control a partner.

PUNISHMENT AGAINST DOMESTIC VIOLENCE

 There are various guidelines or provisions being made for protection of women against
Domestic Violence under the statute such as Section 304B of Indian Penal Code
relating to dowry death.
 Under Section 313-316 of Indian Penal Code female infanticide has been made
punishable which implies forcefully ending the pregnancy of a women.
 Other Sections of Indian Penal Code dealing with these matters are Section305-306
related to Abetment of Suicide and 340, 349 of Indian Penal Code respectively wrongful
confinement and wrongful restraint.
 A complaint can also be lodged under Section 498A of Indian Penal Code for Cruelty
which also falls under domestic violence.

LAWS ON DOMESTIC VIOLENCE

Domestic violence and Dowry death are pervasive in India. Also, I mean it's everywhere. We as a
whole know about individuals in our families or among our companions who have eventually
confronted Domestic violence, or have executed it. But how often have we looked away and done
nothing because we don’t have any idea what to do?

There are several Laws in India which directly deals with the protection of married women from
her partner and her

Page 5 of 13
 1. Protection of Women against Domestic Violence Act, 2005-

This is an act of the Indian Parliament enacted to protect women from Domestic Violence. It
prohibits a wide range of Physical, Sexual, and Emotional & Economical abuse against women
and all these are broadly defined under the Act. It provides security to women in a family from
men in a family. The extent of the Act covers not only the protection of women who are married
to men but also women who are in Live-in-relationship, just as family members including
Grandmothers, Mothers, etc. A women has right to be liberated from any type of violence under
this Act. Under this law, women can look for security against Domestic Violence, Financial
Compensation, Right to live in their mutual house and they can get maintenance from their abuser
in case they are living separated.

This law is to guarantee that women don’t get kicked out of their own house and can support
themselves if they have been abused. It also ensure the protection of women from their abusers.

2. Section 498A of the IPC (Indian Penal Code)-

This is a Criminal Law, which applies to husbands or family members of husband who are
merciless to women. Under Section 498A of the IPC, harassment for Dowry by the family
members of the husband or by husband is recognized as a Crime. This harassment can be of any
type either Physical or Mental. Despite the fact that Marital Rape isn’t considered as a Crime in
India, forced sex with one’s wife can be viewed as Cruelty under this Section.
Section 498A has a vast scope. It also includes any and all intentional behaviors against a women
which force the women to attempt suicide or risk to life or grave injury or risk to limb or overall
health. Here, health incorporates the physical and mental health of the women.

3. Dowry Prohibition Act, 1961-

This is a Criminal Law that punishes the giving and taking of Dowry. The tradition of dowry itself
is banned under the Dowry Prohibition Act, 1961. According to this law, gives, takes or even
demands dowry, they can be imprisoned for a half year (i.e. for 6 months) or they can be fined up
to Five Thousand Rupees.

Page 6 of 13
 INCREASED CASES OF DOMESTIC VIOLENCE DURING COVID-19

Everything changed in the ‘Coronavirus era’ but the one thing that did not change was the crimes
committed against women. These incidences are constantly increasing and are seen as a ‘new
epidemic’.

According to the data released by the National Commission for Women (NCW), domestic
complaints by women have increased by 2.5 times since the nationwide lockdown began in India.
The National Commission of Women (NCW) reported a 100% rise in complaints of domestic
violence cases. A nationwide WhatsApp number was then launched by the NCW to provide an
alternate method for women to report domestic abuse. Around 552 complaints were recorded in
the month of May, and June saw over 730 complaints.

As the COVID-19 pandemic rages on, reports of domestic violence surges all over the world is
worrying. Husbands end up becoming more abusive towards their partners and channel their
exasperation onto them. The lack of an income during the pandemic and the looming threat of
hunger also added to the problem. Women who are financially dependent on their husbands have
suffered more. The violence is not limited to one country but it’s a worldwide problem. One in
three women, worldwide, experience physical or sexual violence mostly by their partner.
Violence against women and girls is a human rights violation.

CONCLUSION

Domestic Violence increases rapidly day by day specially in Lockdown. It is one of the most
terrible kind of harassment endured by the women in our surrounding today and we are not raising
our voice against this violence seriously. All the laws are left in the papers only and reality is apart
from this. Survey shows that maximum percentage of victims of Domestic Violence are female but
men are also suffering from this problem. We are not raising our voice seriously because we
thought we are safe but we are wrong because Domestic Violence can take places with anyone,
despite the fact of race, religion, creed or caste. If the problem of Domestic Violence is not dealt
with adequately, this kind of abuse will keep on existing in all classes of society without an end.
So, as a citizen and young generation of India, we have to stand together and make strict laws to
protect the victims of Domestic Violence

Page 7 of 13
 BIBLIOGRAPHY

 BOOKS

 Law Relating to Women and Children, Eastern Book Company

by Mamta Rao.

 Nomita Agarwal, Women and law, New Century Publishing

House.

 Flavia Agnes, Women law in India Oxford University Press.

 WEBSITES

 https://timesofindia.indiatimes.com/india/not-rape-domestic-violence-is-
top-crime-against-women/articleshow/78494876.cms

 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4988937/

 https://www.theigc.org/blog/the-growing-concern-around-violence-
against-women-in-india-where-do-we-stand/

 https://bmcpublichealth.biomedcentral.com/articles/10.1186/1471-2458-
9-129

Page 8 of 13
Page 9 of 13
Page 10 of 13
Page 11 of 13
Page 12 of 13
Page 13 of 13