INTRODUCTION
Domestic violence is described as a violent form of control that one person exercises over another. It is also referred to as using various forms of abuse to establish control and fear in a relationship. It can range from economic, sexual, and psychological to physical torture. This problem is not just a social issue but it is also a grave violation of human rights that exposes the victim to social and health risks. The majority of these victims, particularly in India, do not seek legal remedy. There are several causes for this, including the fact that they lack formal education, are unfamiliar with legal procedures, and lack faith in the justice system. Getting timely justice is perceived as a mirage because it requires one to go through onerous legal procedures and be subjected to numerous adjournments in order to obtain proper relief. Furthermore, we will talk about the laws against domestic violence and other issues concerning domestic violence.
LAWS ON DOMESTIC VIOLENCE:
We all know of people in our families or among our acquaintances who have either suffered or perpetrated domestic violence. But how often have we turned away and done nothing because we had no idea what to do?
In India, there are numerous laws that deal specifically with protecting bodily integrity of married individuals from their partners. The Act was initially passed to protect the rights of women from domestic violence, but as the need arose, the Supreme Court delivered over time certain judgments that had the effect of making the law gender-neutral.
Protection Of Women Against Domestic Violence Act, 2005:
The Indian Parliament passed this law to safeguard women from domestic violence. However, in the case of Hiral P. Harsora v. Kusum Narottamdas Harsora, the Supreme Court invalidated a portion of Section 2(a) on the grounds that it violates Article 14 of the Constitution and left out the phrase "adult male" from Section 2(q). It is concluded that any person, whether male or female, aggrieved and alleging violation of the provisions of the Domestic Violence Act, can invoke the provisions under the Act. It prohibits a variety of physical, sexual, emotional, and economical abuse of women, all of which are clearly defined by the Act. It protects women in a family from the men of that family. The extent of the Act includes both the protection of women who are married to men as well as those who are in a Live-in-relationship, just as grandmother, mother, etc. A woman has the right under this Act to be free from all forms of violence. Under this law, women are entitled to financial compensation, protection from domestic violence, the right to live in their shared home, and maintenance payments from their abuser if they are living separated. The purpose of this regulation is to ensure that, even after being abused, women can remain in their house and can support themselves.
Section 498A of IPC:
This is a criminal law that applies to husbands or the family members of husbands who are merciless to women. Harassment of a wife for dowry by her husband or by his family members is considered a crime under Section 498A of the IPC. This harassment can be of any type either physical or mental. Despite the fact that marital rape isn’t considered as a crime in India, forced sex with one’s wife can be viewed as cruelty under this Section. The scope of Section 498A is extremely broad. It also covers all deliberate acts committed against women that force them to put their lives, their limbs, or their overall health in danger.
Dowry Prohibition Act, 1961:
The Dowry Prohibition Act of 1961 outlaws the practise of dowry in its entirety. This law states that anyone who offers, accepts, or even demands dowry can face a six-month jail sentence or a fine of up to 5,000 rupees.
CASE LAWS :
Lalita Toppo v. the State of Jharkhand and Anr. (2018)
The Supreme Court held that a live-in partner is entitled to even more remedy than those stipulated in Section 125 of the Code of Criminal Procedure, 1973. The bench then referred to the provisions of the Domestic Violence Act and stated that even though the petitioner in this case is not the legally married wife and is therefore not required to be maintained under Section 125 of the Code of Criminal Procedure, the bench stated that she would have a remedy to seek maintenance under the Act. The Court further mentioned that economic abuse is regarded as a type of domestic violence in accordance with the provisions of the Domestic Violence Act.
Sandhya Wankhede v. Manoj Bhimrao Wankhede, (2011)
The main issue of this case was whether or not a complaint under the Domestic Violence Act may be made solely against an adult male and not against the husband's female relatives. The Supreme Court resolved the question by ruling that the provisions to Section 2(q) does not exclude female relatives of the husband or male partners from submitting a complaint under the Domestic Violence Act. As a result, complaints can be filed not only against the adult male person, but also against the adult male’s female relative.
D. Veluswamy v. D. Patchaiammal, (2010)
The Court determined that the definition of "aggrieved person" was expanded by Section 2(a) of the Domestic Violence Act, 2005. The Court listed five requirements for a live-in relationship and stipulated that the same domestic violence laws that apply to marriage and other domestic relationships also apply to live-in relationships.
These five requirements were:
1. The couple must present themselves to the society as being akin to spouses.
2. The couple must be of legal age to marry.
3. They must be otherwise qualified to enter into a legal marriage, including being unmarried.
4. They must have lived together voluntarily and pretended to be spouses to the outside world for a significant period of time.
5. They must live together in a ‘shared household’ as defined in Section 2(s) of the Act.
HOW TO FILE A COMPLAINT AGAINST DOMESTIC VIOLENCE?
You or anyone else on your behalf can approach one of the following authorities to file a complaint against domestic violence that you have been facing:
Visit the Police Station
You can approach your local police station or any other police station and file a complaint against domestic violence. The police will file a DIR/FIR and/or direct you to the protection officer of the district, who will be able to provide you with more assistance.
Approach the Protection Officer
The protection officer of the district will be your initial point of contact if you need to file a complaint. The protection officer will work with you to file a Domestic Incident Report (DIR), as well as applications to the court for financial relief, protection, etc. The list of Protection Officers is broken down per state. If you are unable to locate a Protection Officer in your region, you can contact NGOs, civil society groups, and service providers who can put you in touch with one.
Approach the National/State Commission for Women
The National Commission for Women (NCW) is a national-level government organization with the authority to look into complaints about issues that involve women, including rape, dowry harassment, and domestic violence. The NCW can assist you by:
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Monitoring and expediting the police-led investigations.
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Providing counselling or a hearing before the NCW so that the two parties can resolve their disputes.
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Constituting an inquiry committee that conducts on-the-spot inquiries, examines witnesses, gathers evidence, and produces a report with recommendations about domestic abuse.
You can contact them by calling their helpline number 1091, sending an email to [email protected], or filing an online complaint. Since the NCW is based in New Delhi, you can go to the State Commission of Women in your state and seek assistance.
NGOs and Helplines
The following helplines are important for women in general and for domestic violence in particular:
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Women Helpline ( All India ) -
Women In Distress
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1091
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Women Helpline Domestic Abuse
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181
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Police
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100
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National Commison For Women (NCW) ( Domestic voilence 24x7 helpline for Sexual Voilence and harrashment )
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7827170170
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National Commison For Women (NCW)
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011-26942369, 26944754
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Delhi Commision For Women
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011-23378044 / 23378317 / 23370597
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Outer Delhi Helpline
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011-27034873 , 27034874
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Student / Child Helpline
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1098
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National Human Right Commision
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011-23385368/
9810298900
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State-wise helplines can be found HERE.
In addition to this, there are several established Non-Governmental Organisations (NGOs) working in the sphere of domestic violence to assist victims, spread awareness and more. Some of them are:
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ActionAid- Through its programme Gauravi, ActionAid provides support to victims of sexual and domestic abuse. Gauravi is their 24X7 crisis centre for female victims of any age, as well as minor boys. The abuse victims are provided with counselling, intervention, legal help, medical help, shelter home and social rehabilitation.
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Sayodhya Home for Women in Need- Sayodhya is an initiative started in 2010 by a group of women after witnessing increased incidences of violence against women and their children, leading to destitution, desertion and homelessness. They established a temporary home and a refuge centre for women and children escaping a range of abusive situations – physical, sexual and emotional.
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Apnalaya- Apnalaya works with the most underprivileged communities dwelling in the slums of Mumbai. In operation since 1973, its Family Counseling Centre (FCC) is a haven for victims of exploitation, violence, infidelity, deprivation and blackmail.
HOW TO DEAL WITH THE PHENOMENON OF FALSE COMPLAINTS?
Every once in a while, a woman may willfully file a false complaint against an individual in order to falsely implicate him in a case. So, the question arises where he can seek a remedy? What action can he take against such a person? Whether he can take any action against such a malafide complainant or not?
When a woman files a false complaint against a man so as to falsely implicate him in a case, then in such a scenario-
Application Filed According To Section 482 Of The Crpc To Quash A Frivolous FIR
A person may file an application with the High Court pursuant to Section 482 of the CrPC to have a frivolous complaint against him quashed. In accordance with this Section, the High Court has been given the inherent authority to issue any order that is required to prevent the abuse of the justice process or to secure ends of justice to the people. In accordance with this section, a High Court application may be submitted at any time: before the police file their charge sheet; after they file their charge sheet; during the course of the trial; or after the trial has begun. The grounds of application must be that the act or omission that formed the basis for the filing of the FIR do not constitute offence and that the FIR only contains baseless allegations without any reasonable ground to prove an offence against the accused.
Writ Petition Under Art 226 Of Constitution
When someone files a false complaint against another person, that person may file a writ petition according to Article 226 of the Constitution to seek that the complaint be quashed by the High Court. If the High Court found that great injustice has been done to such a person, it can quash such false complaints. In Such a case, The High Court can issue writs of-
Mandamus - A police officer who files a fraudulent police report may be served with a Writ of Mandamus ordering him to carry out his duties legally;
Prohibition - To stop criminal proceedings based on a fraudulent FIR filed against an accused individual, a prohibition writ may be issued to the subordinate court that is hearing the case.
Anticipatory Bail Under Section 438 Of The CrPC
Only in cases of cognizable and non-bailable offences may a person seek anticipatory bail. He has the option to apply for the Anticipatory Bail under Section 438 of the CrPC if a false complaint has been filed against him to bring him into a false case.
The following elements are taken into consideration by the court when determining whether to grant anticipatory bail:
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Nature and gravity of the offence for which the accused is being charged;
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Whether the accused had undergone any previous conviction in relation to the Cognizable offence;
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Where the accusation has been made with the intent of causing injury or implicating a person in a false case.
Defamation Complaint Under Section 499 R/W Section 500 Of IPC
When a woman files a false complaint to falsely accuse a person in a case. While it is true that a person is presumed innocent until proven guilty under the law, the society in which we live today assumes that a person is guilty as soon as he is accused of an offence, regardless of whether a false complaint was filed or whether he is later released or acquitted by the court. But, the person loses the respect they once had in the community.
Therefore, where his reputation has been harmed, he may initiate a defamation complaint against the woman who made a false accusation against him.
CONCLUSION
In our nation, domestic violence remains one of the most prevalent social evils. It is one of the most heinous forms of harassment that women in our society continue to experience. At the same time, the law, which is made to protect women’s rights, should not be misused to cause injury to someone. The number of situations when someone files a fraudulent complaint to falsely accuse someone else has significantly increased in recent years. Therefore, it is time to speak out against the intimidation and torment that a person experiences as a result of a false complaint that was made against them. People must be made aware of the laws and processes by which they might take such action, and women must be made aware of the laws that pertain to them in the case that they are the victims of domestic violence. At the same time, there is also a robust need for implementing domestic violence laws more stringent and ensuring due punishment in genuine cases.
