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Domestic Violence Act, 2005 - Legal Articles - Free Law
Domestic Violence Act, 2005 - Legal Articles - Free Law
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Introduction
In societies worldwide, domestic violence stands as an issue that casts a
shadow over the well-being of individuals and the progress of communities. It
can be defined as a pattern of ‘abusive behavior within intimate relationships’.
Our constitution serves as a guardian, protecting our individual rights. Beyond
individual suffering, the societal impact of domestic violence undermines the
foundations of a healthy and thriving community. This article delves into the legal
provisions in India aimed at combating domestic violence, shedding light on the
rights of victims and the responsibilities of law enforcement agencies.
Through this, the question “What is covered in domestic violence?” can easily be
answered that is: Domestic violence generally includes Physical (beating, rape),
Mental, Emotional, Economic, or Financial abuse.
It observed “It is true that the expression “female” has not been used in the
proviso to section 2(q) also, but, on the other hand, if the Legislature intended to
exclude females from the ambit of the complaint, which can be filed by an
aggrieved wife, females would have been specifically excluded, instead of it being
provided in the proviso that a complaint could also be filed against a relative of
the husband or the male partner. No restrictive meaning has been given to the
expression “relative”, nor has the said expression been specifically defined in the
Domestic Violence Act, 2005, to make it specific to males only.” the bench further
ruled that “In such circumstances, it is clear that the legislature never intended to
exclude female relatives of the husband or male partner from the ambit of a
complaint that can be made under the provisions of the Domestic Violence Act,
2005.”
Penalty or Punishment
Section 31 of the Domestic Violence Act, 2005: It deals with the ‘Penalty for
breach of protection order by respondent’. If the respondent breaches the
protection order, he/she is punished with imprisonment for a term which may
extend to 1 year and with a fine which may extend to 20,000 rupees or both.
Section 28 of the Domestic Violence Act, 2005: It states that the
proceedings arising under this Act should be governed by the provisions of
the CrPC (Code of Criminal Procedure).
Section 498A of the Indian Penal Code: It deals with the act of cruelty
against women by their husband or their relatives. As per this Section,
“Whoever, being the husband or the relative of the husband of a woman,
subjects such woman to cruelty shall be punished with imprisonment for a
term which may extend to three years and shall also be liable to fine.”
Conclusion
Domestic violence is a critical concern that demands attention and action. In
conclusion, it must be added that the domestic violence term is not limited just to
physical abuse, it also includes other forms of domestic abuse such as
economic, emotional, socio-economic, and financial abuse as well. Every person
has self-respect and it should be preserved by the people around them. By
understanding the legal landscape surrounding domestic violence, one can
appreciate the ongoing efforts to safeguard the rights and dignity of those
affected and work toward a society where such violence has no place.
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