Domestic violence is an increasingly serious issue all over India affecting women from all socio-economic background. Domestic violence in its perceptive encompasses any sort of violence that takes place within homes including physical, emotional or psychological abuse. The National Family Health Survey (NFHS- 5) 2021-22 reports that over 30 percent married women in India face physical aggression from their partners. This is not only an unfortunate incident but also a legal and social problem which has been anticipated and dealt with by numerous Indian Laws. Over the last few years, some actions have been taken to enhance the situation in the analysed judicial system and support the survivors.
The main law combating domestic violence is the Protection of Women from Domestic Violence Act, 2005 (PWDVA), though newer legislative changes have added some sections in order to widen the area over which domestic violence is defined and to set down certain procedural rights. The ongoing societal and legal challenges, however, make this issue particularly complex, requiring constant adaption of legal framework
In 2023, three new laws were introduced to strengthen protections further:
These legislations have brought out new sections that help the survivors more effectively and extensively.
Protection of Women from Domestic Violence Act, 2005 (PWDVA): It’s viewed as a basis for the protection against domestic violence, PWDVA includes the criminal justice sanctions, but also protection, housing rights, and additional cash.
Criminal Law (Amendment) Act, 2023: This amendment brings more precise provision for punishment of the repeat offenders and extension the types of abuse recognizing emotional and financial abuse.
Family Court Reforms Act, 2023: It creates more articulated guidelines for the treatment of the domestic violence in the family court emphasizing the speedy determination and the procedural protection and support of the survivors.
Domestic Violence Protection and Prevention Act (2023): It adds clarity on procedures, forces police to respond within a specified time frame, and increases officers' accountability for their failure to act.
Each Law contains specific information that explains the process for survivors to follow, as well as provisions and compensation.
The Indian law has significantly advanced in understanding of the rights of the survivors. Based on PWDVA and recent amendments, the survivors are allowed to have extensive protections. These include:
Right to Protection Orders: Section 18 of PWDVA allow survivor to seek protection orders that legally restrains abusers from committing or threatening to acts of violence. These orders may also restrain an abusive partner from attending specific areas where the survivor lives or works.
Residence Orders: Section 19 of PWDVA provides that the survivors have the ability to obtain housing for themselves; and to remain in the shared home without evictions.
Monetary Relief and Custody Orders: Section 20 the survivor is, therefore, entitled to reasonable financial assistance for medical treatment, for maintenance and for loss of income resulting from the abuse. Being explicit on custody issues, section 21 permits the making of custody orders that ensure that child custody favourable to the survivor is granted.
Compensation for Pain and Suffering: Under recent amendments in the Domestic Violence Protection and Prevention Act was amended to allow survivors is now able to claim higher compensation, for not only physical injuries but also for other forms of abuse such as psychological or economic abuse.
By these rights, the Indian law also ensures that reduction of power relations within homes is achieved giving survivors the necessary support in their efforts to reclaim their lives.
The process for filing domestic violence complaints is structured to ensure that survivors have multiple pathways to justice.
Filing a Complaint
Initial Reporting: A survivor or one of the family members can report at the nearest police station or Protection officer as appointed under Section 8 of PWDVA.
Role of Protection Officers: It include assisting survivors with documentation and Legal Aid Services, as well as providing safe escort to shelters if necessary. In recent amendments to the legislation, the Domestic Violence Protection and Prevention Act of 2023. The Protection Officers must respond to the victims within 24 hours of filing the complaint.
Legal Assistance: Survivors have the right to get free legal services from the National Legal Services Authority (NLSA). Family Courts operating under the Family Court Reforms Act of 2023 are now required to prioritise domestic violence cases involving children and to offer a hearing as soon as possible.
The legal process involves filing for orders based on the type of protection needed:
Protection Orders: These orders, available under PWDVA, can be requested for restraining abuser from physical proximity, communication or any interference in the survivor’s life.
Residence Orders: Survivors can request these orders to prevent evictions from the housing they currently share, one of the limited forms of relief for those without other homes to go to.
Monetary and Custody Orders: With the New amendments, courts are required to consider the economic impact of abuse, and survivors may now receive enhanced compensation, which will cover financial losses and emotional trauma.
Indian courts have issued several landmark judgments rulings that have shaped domestic violence law, establishing precedents for survivor law, establishing precedents for survivor protection and the interpretation of rights
Indra Sarma v. VKV Sarma (2013): In this case, the Supreme Court extended the meaning of ‘domestic violence’ to include person living in a relationship in the nature of marriage and hence, survivors in live in relationships could claim protection under PWDVA.
Hiral P. Harsora v. Kusum Narottamdas Harsora (2016): The Supreme Court removed gender specific language from PWDVA, allowing Complains to be filed by any aggrieved person instead of restricting it to female family members.
The judiciary recognizes various other types of domestic violence except for the physical, for instance, economic abuse. In recent judgments, for timely protection orders and stronger enforcement mechanisms, emphasizing the government’s responsibility in protecting survivors
Indian domestic violence laws give the victim civil as well as criminal relief and the victim has the freedom to choose the course of action that best suits the situation. They include the following ones to meet a range of purposes from protection in the short term to financial maintenance and psychological healing.
The PWDVA provides a range of civil remedies designed to offer immediate protection and support to survivors without necessarily leading to criminal prosecution. This distinction is essential, as some survivors may not wish to pursue criminal charges but still need protection and financial relief.
Protection Orders (Section 18, PWDVA): These orders prevent the abuser from being violent any further, get near the survivor or communicate with them. Breaching a protection order attracts the following penalties which include imprisonment, this will act as a deterrent.
Residence Orders (Section 19, PWDVA) Survivors are allowed to stay in their shared residence or alternative accommodation arranged by the court. This remedy prevents the abuser from forcefully evicting them, a crucial support for survivors who may lack independent housing.
Monetary Relief (Section 20, PWDVA): Civil relief also entitles the survivors to claim economic damages that include medical expenses, wage loss and other expenses as a result of domestic violence. Courts consider the survivor’s needs and may decide to award payments for the present and the future.
Custody Orders (Section 21, PWDVA): Regardless of their marital status, the survivors can obtain a custody order that will also have its focus on the best interest of the child. Where abuse concerns minors, the courts have been recently bound by amendments to fast-track custody orders in order to unravel the suffering.
In addition to Civil Remedies the survivors can secure criminal justice pathways especially when the abuse requires a direct action.
Filing a First Information Report (FIR): Anyone who has been accused of or seen physical assault, sexual violence, or any other type of domestic violence can report it by filing a FIR. The Criminal Law (Amendment) Act of 2023 strengthen penalties for repeat offenders, addressing cases or warnings that have been ignored.
Immediate Arrest and Bail Conditions: In major crimes, the accused may be arrested immediately by the police on non-bailable charges. In other circumstances, courts impose rigorous bail conditions to ensure that the accused has no contact with the survivor or causes them any harm.
Penalties for Noncompliance: According to the Domestic Violence protective and Prevention Act 2023, it is illegal to breach or interfere with protective orders.
The various remedies that are provided combine legal protection to both enable the survivor to protect herself and recover her finances from her abuser and to also ensure that the offender faces the full arm of the law entailed by a criminal charge produces a multi-tiered approach to addressing domestic violence because it allows survivors to access resources in a manner that best suits its own needs and plans of recovery.
Survivors and awareness depend on support systems and government systems, which are very fundamental. The government and the non-governmental organizations (NGOs) offering; legal, psychological as well as logistical services.
National Helpline: Ministry of Women and Child Development runs a toll free 181 helpline number that responds to distress calls, pregnancy and other legal queries and emergencies.
One Stop Centres (OSC): Set up across cities of India, centres provide medical help, legal assistance, psychological counselling and shelter to the survivors. Due to this, they are particularly beneficial to the survivors in that they may require a secure area before being relocated to their areas of origin.
Swadhar Grah Scheme: Service providers sponsored by the government scheme provide the survivors with shelter, food, clothes and vocational training as a way of making them self-sufficient.
Domestic Violence Shelters: Many NGOs run safe houses where they take survivors temporarily, offer them counselling and help them with legal issues, with an emphasis on the survivors’ recovery.
Legal Aid Clinics: Protection Officers complement legal aid clinics, and clinics offer the survivors legal consultation at no cost. There are some major organizations that work in this field like, Majlis Legal Centre and SNEHA share information about the legal process and court support for the victims.
Awareness Campaigns: NGOs engage in awareness expeditions to inform the public on when and how to report domestic violence as well as the legal recourse. These campaigns remain important encouraging desensitization to stigma and promoting more action by communities towards domestic violence.
It is for these reasons that despite the legal endeavours India ‘s fight against violent abuse of women at home persists with the following challenges. Protection orders are rarely enforced, and the survivors may end up being stigmatized, thus they do not report cases. Additionally, other sensitive services such as legal service and shelter are still scarce in some rural areas hence making it difficult for some of these survivors to access immediate assistance.
Enhanced Training for Law Enforcement: A better training on how to deal with domestic violence cases would help the policemen to handle such cases and especially where the survivor faces numerous forms of injustice.
Public Awareness Campaigns: Improved awareness campaigns which are very helpful in advocating and for normalizing the conversation around domestic violence because many survivors usually stay quiet due to stigma.
Expansion of Support Centres: Increasing coverage of One Stop Centres and legal aid tools in areas where they are scarce would greatly enhance service delivery to the needy and the rural communities.
Technology-Based Solutions: Portable applications and the online forms can provide another degree of approachability and enable a survivor to report abuse, or seek assistance and remain anonymous if necessary.
The effort to eliminate domestic violence continues to progress. Thus, the India government should ensure that the legal system is always changing and support community resources as well as focus on survivors’ needs to build a safer society for everyone.
By continually adapting the legal framework, supporting community resources, and prioritizing survivor needs, India can create a safer and more equitable society for all.
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