INDEX

S.no. Content

1. Introduction

2. Research objective

3. Analysis

(a) The Indian Penal Amendment in 1983

Section 498A

(b) PWDVA, 2005

4. Conclusion

5. Bibliography
Introduction
One of the widespread problems that India struggle is violence against women. It has been
estimated that around 37% of women has experienced violence either physical or sexual at
least one in their lifetime. Furthermore, according to the planning commission of India that
around 84% of women have been abused at least once in their homes.
Domestic violence is defined under Section 3 of THE PROTECTION OF WOMEN FROM
DOMESTIC VIOLENCE ACT,2005 (thereafter shall be called as PWDVA). But in generic
terminology domestic violence means the use of force or abuse by one family member or
household member against another.
In order to protect the women in the society from such violence Indian Government has
already enacted various laws to fight with such problem.

Research objective
Analysis of Indian rules of domestic violence.

Analysis
Most legal systems across the world up to the 1800s recognised that a husband had a legal
right to beat his wife and was entitled to her resources and services. By the 19th century,
most courts had decided that husbands had no right to punish their wives as a result of the
feminist movement that began in the 1800s. The police force did not, however, take any
action. Following this, the women's movement in the 1970s raised attention to the issue of
domestic abuse, and women's organisations pushed the police to treat domestic abuse like any
other attack. In 1994, the US Congress approved the Violence Against Women Act, and in
1995, President Bill Clinton formed the Violence Against Women Commission.
In domestic violence, abusive conduct can take the form of physical, emotional, sexual,
social, and financial abuse.

1. The Indian Penal Amendment in 1983

Section 498A1
This is a special provision which made the domestic violence as a criminal violence
under IPC. The abuse of married women by their husbands or the family of their
husbands is explicitly addressed in this provision of the law.
This provision has a beneficial clause that enables the relatives of women to file a
complaint about them. When a woman is too timid to speak out for herself because
she fears getting caught by her husband or is unable to leave the house, for example,
this is quite helpful.
Explanation (a) and (b) of section 498A ,IPC

1
Indian Penal Code, 1860
The first ingredient of clause (a) is “wilful conduct” which denotes the presence of an
underlying motivation to treat such a lady cruelly. Although it also appears in section
405 of the IPC, where it is defined as purposeful or intentional and not accidental or
through inadvertence, this phrase is not defined in the IPC.
Clause (b) talks about the harassment but not cover all types of harassment, but such
harassment which forces the woman or her relative to meet the any unlawful dowry
demand.
Under this provision the accused shall be punished with imprisonment up to 3 years,
coupled with fine.

PWDVA, 2005

The act went into effect on October 26, 2006, with the stated goal of ensuring that the
rights of the women are protected more effectively who are victims of abuse of any
sort occurring in the family and are guaranteed by the constitution. This reference to
the constitution in the preamble of a domestic abuse statute is noteworthy because
politicians and judges have frequently applied constitutional concepts to the private
sphere of the family and the home.
While the legislature passed the law with the intention of bringing equality into the
home, its success depends on how well the state implements the necessary support
services, how the judiciary interprets the law, and how well women are able to use the
law's protection or, at the very least, internalise the idea that violence in intimate
relationships is something that cannot be tolerated.

As per the Section 3,

Domestic violence is described as when a respondent does something, or does
nothing, that harms or jeopardises the health and well-being of the victim. If the
person harasses or harms any other person who is linked to her in order to satiate any
illegal demand for money or property, such behaviour also constitutes domestic
violence.
This section also explains the types of abuses:
1. Physical abuse
2. Sexual abuse
3. Verbal and emotional abuse
4. Economic abuse

According to Section 4 of the act, anybody who has reason to suspect domestic
violence is occurring can report it to the designated officer. There will be no legal or
criminal action taken against that person.

In accordance with Section 5 of this Act, the following information must be provided
to the aggrieved party whenever a police officer, service provider, or magistrate
 receives a complaint concerning domestic violence or is present when domestic
violence occurs:
1. She can file an application for protection, monetary relief and custody order
2. Availability of service-by-service provider
3. Protection officer’s service
4. She also has a right to file the case under Section 498A under Indian Penal
Code,1860.

Conclusion

Domestic abuse has been addressed on a practical level, and regulations will
definitely be implemented.
Conceptually, domestic violence issues have been resolved on a large scale through
the intent of law. Overall, the statute has offered appropriate protection and
retribution. Only in a small number of situations, such as the case of protection
officers, has it proven unable to address proper implementation.
Women's increased awareness of the DV Act is one requirement for improving its
implementation. Additionally, each job within the departments tasked with putting the
Act into effect has to receive efficient training. A substantial money needs be invested
with rigorous control in order to complete the system.

Scope for further studies

A live-in relationship is when two people live together but are not married. Several
nations throughout the world have already endorsed and made the idea legal. A live-in
relationship is no longer prohibited, according to the Apex Court, since a man and a
woman who are in love are protected under the right to life. It's worth noting that it
defined a woman in a live-in relationship as a wife and defined the term "wife." In a
number of cases, the Supreme Court has ruled that if a man and a woman live
together, they are deemed to be husband and wife, and the same rules apply to them
and their relationship as if they were married. In Payal Sharma v. Nari Niketan 2, the
Bench of Justices M. Katju and R.B. Misra ruled that the Allahabad High Court
supported the idea of cohabiting, “We believe that a man and a woman can cohabitate
even if they are not wed. Even if society would consider this unethical, it is not a
crime. There is a difference between morality and the law."
By granting rights and protection to females who are not legally married but are living
under the same roof with a male in a relationship that is similar to marriage but not

2
 2001 (3) AWC 1778 : AIR 2001
exactly marriage, PWDVA was possibly the first legislative act to recognise live-in
relationships

As per the Section 2(f) of PWDVA

A domestic relationship is one between two people who currently or in the past have
shared a home, regardless of whether they are related through consanguinity,
marriage, or another type of relationship like adoption or are members of a joint
family living together.

A domestic relationship is a connection between two individuals who share a home,

whether they are related through consanguinity, marriage, or another type of
relationship such as adoption, or they are family members living together as a joint
family.
BIBLIOGRAPHY
   Prof. Kusum, Family Law Lectures: Family Law-I,
(LexisNexis Butterworths Wadhwa Ed. 3rd 2007)
 Protection of Women from Domestic Violence Act,
2005, Universal
 IPC, 1860 Bare Act, Universal