Domestic Violence Legislation: Protecting Victims and

Ensuring Justice

INTRODUCTION:
Protection of Women from Domestic Violence Act 2005
has come into force form 26.10.2006. The Act is aimed at
providing protection to wife or female live-in partner or
his relative. The act in theory goes a long way toward a
protection of women in the domestic setup. It is the first
substantial step in the direction of vanquishing the
questionable public/ private difference traditionally
maintained in the law, which has been challenged by
feminists’ time again. Admittedly, women could earlier
approach the court under the Indian Penal Code in case
of domestic violence. However, the kinds of Domestic
violence contemplated by this act, and the victims
recognized by it, make it more expansive in scope than
the IPC.the IPC never used the term domestic violence to
refer to this objectionable practice. In fact, the only
similar class of offences addressed by the IPC dealt with
cruelty to married women. All other instances of
domestic violence within the household had to be dealt
with under the offences that the respective acts of
violence constituted under the IPC without any regard to
the respective acts of violence constituted under the IPC
without any regards to the gender of the victim.
Definitions of Domestic Violence:
A)1Harms or Injures or Endangers the health,
saftey,life,limb or well-being, whether mental or
physical, of the aggrieved person or tends to do so
and includes causing physical abuse, sexual abuse,
verbal and emotional abuse and economic abuse, or
B)Harasses, harms injure or endangers the aggrieved
person with a view to coerce her or any other person
related to her meet any unlawful demand for any
dowry or other property or valuable security;
Constitutional Structure:
Legislation regarding domestic violence differs from one
jurisdiction to the next, but most laws include three basic
components: defining the term, describing preventative
measures, and detailing the consequences for offenders.
Numerous nations have extensive legal frameworks that
address financial, sexual, emotional, and physical abuse
in intimate relationships. These rules put the protection

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of the victims first, granting access to shelters and
support services as well as restraining orders.
Complaint Mechanisms:
Are essential for addressing domestic abuse and making
sure victims have a way to get justice. The following are
some methods that people can use to report cases of
domestic violence
Victims may directly register complaints with the
appropriate authorities, such as the police or protection
officers, using the “Individual Communications
Procedure”. Before file a lawsuit, they can also go before
the magistrate. The “Protection of Women from
Domestic Violence Act, 2005” specifies these officers'
responsibilities in Section 5.

2. UN Human Rights Treaties:

Individual petitions, actions against retaliation, inquiry
procedures, urgent actions, and country visits are all
covered by the UN human rights treaties. Through these
channels, victims can speak up for themselves and seek
compensation for particular violations of their human
rights.
 Types of abuse under the Domestic Violence Act:
Certainly! The Domestic Violence Act recognizes several
forms of abuse that can occur within a domestic
relationship. Let’s delve into each type:
1. Physical Abuse:
a. Physical abuse involves the use of physical force against a
woman, resulting in bodily injury or harm.
b. Examples of physical abuse include:
i. Beating, kicking, and punching
ii. Throwing objects
iii. Damaging property
iv. Punched walls and kicked doors
v. Abandoning a woman in a dangerous or unfamiliar place
vi. Using weapons to threaten or harm her
vii. Forcing her to leave the matrimonial home
viii. Using physical force in sexual situations.

2. Sexual Abuse:
a. Sexual abuse is a form of physical abuse.
b. It encompasses situations where a woman is coerced into
participating in unwanted, unsafe, or degrading sexual
activities.
c. Other forms of sexual abuse include:
i. Calling her sexual names
ii. Hurting a woman with objects or weapons during sex.

3. Verbal and Emotional Abuse:

a. Emotional abuse can be equally destructive, although it is
often minimized or overlooked.
b. Verbal abuse falls under this category and includes:
i. Yelling
ii. Name-calling
iii. Blaming
iv. Shaming
c. Emotional abuse also involves:
i. Isolation
ii. Intimidation
iii. Controlling behavior.

4. Economic Abuse:
a. Economic abuse is less recognized but equally
detrimental.
b. It includes situations where a woman is denied sufficient
financial resources by her partner.
c. Examples of economic abuse:
i. Not providing enough money for essentials like food,
clothing, and medicines
ii. Preventing a woman from seeking employment
iii. Forcing her out of the house without providing rent (even
in case of a rented property)
iv. Depriving her of any economic or financial resources she
is entitled to under the law or customs.
Remember that recognizing and addressing these forms
of abuse is crucial for the well-being and safety of
women. If you or someone you know is experiencing
domestic violence, seek help and support from relevant
authorities and organizations.
Case:
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Lalita Toppo vs. The State of Jharkhand and Anr. (2018)
In the case of Lalita Toppo v. State of Jharkhand and
Anr., the Supreme Court made an important observation
regarding the entitlement of live-in partners to seek
maintenance under the provisions of the Protection of
Women from Domestic Violence
Here are the key points from the judgment:
1. Maintenance for Live-In Partners:
a. The court clarified that even if a woman is not the legally
wedded wife, she can seek maintenance under the DVC
Act, 2005.
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b. This applies to live-in partners who face domestic
violence.
2. Definition of Domestic Violence:
a. The DVC Act, 2005 defines “domestic violence” broadly.
b. It includes various forms of abuse, such as physical,
sexual, verbal, emotional, and economic abuse.
c. Economic abuse, which often goes unrecognized, is also
considered a form of domestic violence.
d. Economic abuse includes depriving the aggrieved person
of financial resources necessary for basic needs, including
household necessities, rent, and maintenance.
3. Significance of the Judgment:
a. The ruling ensures that live-in partners have legal
recourse to seek protection and maintenance under the
DVC Act, 2005.
b. Economic abuse, which affects a person’s financial well-
being, is recognized as a critical aspect of domestic
violence.
This landmark judgment emphasizes the importance of
safeguarding the rights and well-being of all individuals,
regardless of their marital status.
Reference:

lawyersclubindia.com
indiakanoon.org
supremecourtcases.com
https://blog.ipleaders.in
https://www.indiacode.nic.in/