Domestic violence refers to any form of abuse or harm inflicted by one family member on another, most commonly by a husband or in-laws on a wife. It includes physical, emotional, sexual, verbal, and economic abuse.
In India, domestic violence is a punishable offence and the law provides legal remedies, especially to protect women from abusive relationships.
Legal Definition – Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is the key law that defines and addresses domestic violence in India. It applies to all women in a domestic relationship, including wives, mothers, daughters, sisters, and live-in partners.
According to the Act, domestic violence includes:
- Physical abuse – Hitting, slapping, pushing, or causing injury
- Emotional/Verbal abuse – Insults, humiliation, threats, or mental torture
- Sexual abuse – Any non-consensual sexual act or demand
- Economic abuse – Denying financial resources, preventing access to money, or taking away earnings or assets
Who Can File a Complaint?
- Any woman who is a victim of domestic violence
- Mothers, sisters, daughters, or female live-in partners
- A protection officer or any other person on her behalf
Against Whom Can It Be Filed?
- Husband
- In-laws (mother-in-law, father-in-law, brother-in-law, sister-in-law)
- Any male or female relative in a domestic relationship
Key Features of the Domestic Violence Act, 2005
- Covers all types of abuse: physical, emotional, sexual, verbal, and economic
- Recognizes live-in relationships
- Provides for emergency relief without long court proceedings
- Ensures protection, residence, maintenance, and custody rights
Legal Remedies Available to Women
Women can approach a Magistrate’s Court or Protection Officer for relief. The court can issue:
1. Protection Order
Restrains the abuser from contacting or harming the woman.
2. Residence Order
Allows the woman to stay in her shared household or arranges alternative housing.
3. Monetary Relief
Covers medical costs, loss of earnings, and monthly maintenance.
4. Custody Order
Grants temporary custody of children to the mother.
5. Compensation Order
Provides compensation for emotional distress, injury, or financial loss.
How to File a Complaint?
- Approach the nearest police station or Protection Officer
- Contact a lawyer or visit a family court
- Call helplines like 181 (Women’s Helpline) or 1091 (Police Helpline)
No court fees are charged, and the process is designed to be quick and women-friendly.
Additional Legal Support
- Section 498A of IPC: Provides punishment (up to 3 years imprisonment) for cruelty by the husband or in-laws.
- Section 125 CrPC: Allows women to claim maintenance from husbands.
Impact of Domestic Violence on Women
Domestic violence can lead to:
- Depression, anxiety, and post-traumatic stress
- Loss of financial independence
- Isolation from family and society
- Health complications and physical injuries
- Impact on children’s well-being and development
Real-Life Example
In the case of V.D. Bhanot vs Savita Bhanot (2012), the Supreme Court ruled that even if the domestic violence happened before the 2005 Act came into effect, the woman could still seek protection and relief.
