Questions Legal

What is the punishment for domestic violence in India?

Airtract

Sidharth Kumar

YOU BECOME WHAT YOU BELIEVE

As per the 2019 statistics, India is ranked No.1 as the most vulnerable country for a woman to exist. Even though domestic violence covers all kinds of violence undergone by a person by a genetically or biologically associated relative, the term domestic violence implies harassment against women since they are the ones suffering in society as well as inside homes. 

It is a broad dilemma concerning the dependency of women over male partners that has pulled the domestic violence to the current extent in India. It might be the fear of exclusion from society that has made women plead even under those tortures and still pursuing their life under that stress.

There is a cluster of acts which are considered as domestic violence against woman in India. These include sexual harassment, gender inequality, forced marriage and abortion, child sexual initiation, etc.

Laws for Domestic violence

There are three laws prevailing in India that directly deal with the domestic violence against women. These laws inhibit the abuse endured by women under the domestic premises as well social environment. Those three laws are

  1. Protection of Women from Domestic Violence Act, 2005
  2. This law was made to protect women from domestic violence including physical emotional, financial or sexual abuse. This law is not only entitled to harassment from married partners but also from mother, grandmother, mother in law or any relatives inside the home. Via this law, women can seek protection from any torture and can also demand any compensation or financial support in case she is living apart.

    Punishment

    This law is to primarily emphasize the protection of women from harassment domestically and not to be enforced criminally. The magistrate can issue a protection order under the Act and decree the abuser not to contact the victim under any circumstances.

  3. Dowry Prohibition Act, 1961.
  4. The dowry prohibition act was issued in India due to growing suicides and assaults resulting from giving and taking dowry. The law primarily prohibits giving and taking of dowry in any form including money, gold, and properties. The act of giving dowry by the marrying parties is considered under the dowry prohibition act. This law is a criminal law under which the abuser is punished considering the circumstances.

    Punishment for giving or taking dowry

    • Punishable with imprisonment for years not less than five 

    • Fine of value not less than 15,000 or the value of dowry offered or taken.

    Punishment for demanding dowry

    • Punishable with imprisonment for not less than six months and can extend up to two years depending upon the understanding of case sensitivity by the court. 

    • Fine of value up to 10,000

    • Interdict on the advertisement if any publishers issue the consideration of dowry from anyone.

  5. Section 498A of the Indian Penal Code
  6. This law is to protect women from abuse from her husband or in-laws under any circumstances including driving her to commit suicide or causing any injury to herself because of the mental pressure and stress. This law also includes the torture from mentioned people due to the failure in herself, property abduction, or valuable assets. This is also a criminal law under which the abuser is subjected to a penalty under the act.

    Punishment

    1. Fine not less than 10,000

    2. Punishable with imprisonment for not less than 3 years.

    3. Non-bailable offense.

Domestic violence is growing rapidly in society even though it as recognized as an evil act by law. Domestic violence gets established when the victim believes that the violence faced is entirely normal and acceptable. When she starts to justify the action as not be reported, the issue gets worse than before. Domestic violence can be brought to an end only when the victim makes a move to bring the abuser to the front.

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