Introduction
Domestic violence against women is not uncommon in Indian society. Countless women face this in their lives and most of them are so used to it that they don't even know it. However, it cannot be denied that many people still experience domestic violence. In fact, the upcoming film Thappad is about a woman who stands up to her husband who beat her. This is a great example of what to do if you fall victim to this horrible practice.
The National Family Health Survey (NHFS-4) published by the Union Health Ministry reports that one in three Indian women of the age of 15 experience some form of domestic violence. It is also reported that 31 percent of married women have experienced physical, sexual, or emotional abuse from their husbands. The biggest problem is that barely 10 of them reported this violence.
Clearly, this is an important issue that needs to be addressed and women need to understand their rights and how they can protect them. The Protection of Women from Domestic Violence Act, 2005 was enacted to deal with such cases. In this article, we will understand this law in detail.
Who can sue under this Act and against whom?
Complaints about domestic violence can be made by the "offended". Section 2 of the Act defines this expression. This means a woman who was with the accused (a man in a domestic relationship with such women) and claims to have caused domestic violence. Family relationship means a relationship between two people who live or have lived in the same household and are related:
Marriage,
Relationship of the nature of marriage (such as cohabitation),
Adoption,
Are family members,
Related by blood.
The joint household referred to in this point is a house owned or rented by a man, a house where a man and a woman lived on the basis of a joint lease, or a house where a man and a woman lived together with their joint family. . .
However, it should be mentioned here that not all residential relationships are covered by the law. There are certain requirements that must be met. D. Velusamy v. D. Patchiamma. They are:
Both parties should behave like husband and wife;
They must be of legal marriageable age;
They must have the right to marry;
They must voluntarily live together in the same place for a considerable time;
They must live together in a large household.
It was also clarified that if a man "keeps" a woman for sexual purposes and/or to be used as a servant, this cannot be considered a marital relationship.
Further, although Section 2 defines the accused as male, the Supreme Court in Sandhya Wankhede v Manoj Bhimrao Wankhede held that the term "relative" as used in the Act has a very wide scope and appeal against female relatives. the actions of a spouse or male partner may fall under his jurisdiction.
ยง 3 of the Act explains in detail the expression "domestic violence". It says that an act or omission is considered domestic violence if it:
harms or harms a woman's health, safety, limbs (organs), life and/or mental and physical well-being. Such abuse can be physical, sexual, financial, verbal and emotional.
Harms, harasses, insults or threatens the victim in order to force him or a member of his family to fulfill illegal demands, such as a dowry.
Causing other physical and mental harm to the victim.