Domestic Voilence

Key Features of the Domestic Voilence Law
Section 498A of the Indian Penal Code

Indian Penal Code, 1860 is the most important substantive criminal law to impose certain amendments in it with respect to cruelties against women fundamentally married women. Section 498 A deals with certain things in terms cruelty which read as:

  • Any wilful conduct which is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health of the woman; or
  • Harassment of the women with a view of coercing her or any person related to her to meet any unlawful demand for any property or any valuable security or is on account of her failure by her or any person related to her to meet any demands
Meaning of Section

According this section the married women a can file a case against her husband or her in laws when she suffers cruelty at their hands. Hence it is important to understand the meaning if cruelty for the purposes of this section.

In the case of ‘Inder Raj Malik vs. Sunita Malik4’ , it was held that the word ‘cruelty’ is defined in the explanation which inter alia says that harassment of a woman with a view to coerce her or any related persons to meet any unlawful demand for any property or any valuable security is cruelty. Kinds of cruelty covered under this section includes following:

  • Cruelty by vexatious litigation
  • Cruelty by deprivation and wasteful habits
  • Cruelty by persistent demand
  • Cruelty by extra-marital relations
  • Harassment for non-dowry demand
  • Cruelty by non-acceptance of baby girl
  • Cruelty by false attacks on chastity
  • Taking away children

The cruelty under this section would include such a grave act of cruelty which puts the women under such danger, and it being such grave that might lead to committing suicide. It also important to note that it was held in ‘Kaliyaperumal vs. State of Tamil Nadu5 that cruelty is a common essential in offences under both the sections 304B and 498A of IPC. Discussion of section 304 shall be made in the further section of the notes.

Also S.498A IPC does not only deal with dowry deaths but also any wilful conduct on part of the husband which causes harm to the wife’s ‘ life, limb or health (whether mental or physical).’To prove that cruelty was caused under Explanation a) of S.498A IPC it is not important to show or put forth that the woman was beaten up- abusing her verbally, denying her conjugal rights or even not speaking to her properly6 would fall into the ambit of mental cruelty. Showing any mercy to abusers or giving them the ‘benefit of doubt’ when some proof to torture at their hands is present is completely wrong.

Domestic Voilence

The Protection of Women from Domestic Violence Act

The Protection of Women from Domestic Violence Act (or the Domestic Violence Act) is a laudable piece of legislation that was enacted in 2005 to tackle this problem.

The Protection of Women from Domestic Violence Act 2005 is a parliamentary act which was enacted to protect the women from domestic violence which came into force by 26 October 2006. This act provides for the first time definition of ‘domestic violence’ making the purview of violence broad by including not only the physical but also emotional, verbal, sexual and economic abuse.

In a country like India wherein due to the patriarchal setup abusing women became an acceptable norm. The Protection of Women from Domestic Violence Act became consequently a commendable legislation. It contemplates and acknowledges wider varieties of violence towards women.

Prior to this Act all different situations of domestic violence inside the family had to be dealt with under the offences that the respective acts of violence constituted below the IPC besides any regard to the gender of the victim. This posed a trouble where the victims befell to be youth or ladies who had been dependent on the assailant

Definition of domestic violence is provided under section 3 of the act as “any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:

  • Has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b);
  • Otherwise injures or causes harm, whether physical or mental, to the aggrieved person.”

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