India is considered to be among the most dangerous locations for women. Violence against women is prevalent not just in the roadways and in public areas however, it is also common in the privacy of their homes. As an aunt, a daughter or wife, according to the statistics that every Indian woman has experienced an act of violence in her house and at the hands of close family members. This is especially true for women who live in matrimonial households and who are under the care of their spouses and parents-in-law or who have alcoholic or drug abusive male family members. Women are always at risk of being victimized to abuse from family members who view her a target for attack and a weaker female. But women are protected under the Indian Constitution provides various fundamental rights for women to safeguard them from stigmas and elements of society.
Although violence against women on the streets is appropriately addressed in through the Indian Penal Code and Criminal Procedure Code to specifically deal with issues of domestic violence and domestic violence, the Domestic Violence Act was introduced in 2005. The Act is designed to give a stronger and more solid legal protections for women, in order to fulfill the promise of the constitution a fact.
The law is comprehensively defining Domestic Violence. The act states that women can be subject to assault in a domestic environment, like the matrimonial home or non-marital residence by the immediate family members of her family members, friends, or anyone else whom she is related to by blood and marriage, adoption or other reasons (including the wife of the second marriage, a living-in female partner, or illegitimate daughter). In addition, the person accused of violence is not only male. It could be female members of her family who could be held accountable for the assault.
Definitions of violence in the home isn’t restricted to physical violence only. Because patriarchy is a system it is recognized that violence may be triggered by both implicit and explicit acts or omissions, or inability to fulfill one’s obligation to the woman. Domestic violence could be physical, sexual emotional, verbal, psychological, mental and even economic. Therefore, even forced sex with a spouse is domestic violence as per the law. Furthermore, if an official guardian for the spouse is not able to provide for her (father or brother, mother spouse, husband, parents-in law of widows, etc. ) and also, the neglect or inaction can be considered domestic violence.
The Act obliges victims to establish two things: A legitimate household relationship with the defendant and, secondly, that the victim is a part of an apartment with the suspect. Following this the prima-facie (Prima-facie is an official term that means ‘based’ on the first impression’) case can be proven.
When an individual victimized by domestic violence presented all the relevant facts before the judge, she will be legally entitled to the following remedies from the court:
- The Right to Protection: The victim of domestic violence may request the arrest of the perpetrator from entering or visiting any area she lives in or goes to, aiding in or concealing any attempt that is violent against her by engaging in conversation with her by making use of her property or assets in order to influence her threat or threatening her family members, or engaging in any other act that is that is mentioned in the warrant.
- right to residence A woman who has been a victim of domestic violence will not lose her right to stay in her home. The court will ensure that she has a home or a place to stay, without fear of displacement. The shared household is her sole interest. The cost of her separate home are to be paid by her family members who are responsible for her day-to-day maintenance.
- Right to Monetary Relief It is an essential relief for women who are victims of domestic violence. She has the right to reimbursement for the necessary expenses in addition to costs of medical or material as a result of the act of brutality against her. The court will ensure the financial security of the victim.
- The Right To Custody The woman who has been harmed has the right to interim custody of the children. Anyone who seeks an order of protection for the women is eligible for custody.
- Rights to Compensation and Damages Compensation As mentioned earlier, the victim is entitled to the right to receive full compensation for any damages caused by violent acts committed against her.
If you’re experiencing domestic violence, just file a report of domestic violence with the nearest police station or talk to a lawyer who can assist you.
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