Punishment for Domestic Violence in India

Domestic violence remains a pressing issue in India, posing a significant threat to individuals and families. 

However, steps have been taken to address this problem through legislation such as the Protection of Women from Domestic Violence Act 2005. 

This Act is vital in combating domestic violence by providing legal protection and remedies for victims. It offers a range of solutions, including protection orders, residence orders, monetary relief, custody orders, and compensation for injuries.

What Constitutes Domestic Violence?

According to Section 3 of the Domestic Violence Act 2005, domestic violence is characterised by the following:

Threat to Health, Life, and Safety: Domestic violence can manifest as mental or physical abuse, including acts of sexual, verbal, economic, and emotional nature. It involves any behaviour that threatens the victim’s health, life, and safety.

Harassment includes any form of harassment that causes injuries to the victim or coercion on the victim or other people associated with the victim. It may involve unlawful demands for property, dowry, or valuable security, such as jewellery or other assets.

Harm or Injury: Domestic violence encompasses causing harm or injury to the victim through physical or mental means. This can include acts of physical aggression, emotional abuse, or any other harm inflicted upon the victim.

In the case of Vajresh Venkatray Anvekar v. State of Karnataka, the court held that the belief that one or two incidents of beating are insufficient to drive a woman to commit suicide is unacceptable. 

The court emphasised that assault on women cannot be accepted as a social norm. In the case of V.D. Bhanot v. Savita Bhanot, it was held that a woman of 63 years, with no means of sustenance after 31 years of marriage, compelled to live alone, falls within the definition of “domestic violence.”

Different Types of Domestic Abuse

Domestic abuse can take various forms, including:

Physical Abuse: Physical abuse involves any violent act that causes pain and suffering to the victim, such as slapping, biting, kicking, hitting, or beating. It may also include forcing someone to use drugs or alcohol against their will or denying them necessary medical treatment.

Economic Abuse: Economic abuse occurs when the abuser attempts to or makes the victim financially dependent on them. This can involve controlling the victim’s finances, limiting their access to money, or preventing them from obtaining employment or educational opportunities.

Technological Abuse: Technological abuse involves using technology to control or manipulate a partner. This can include monitoring their online activities, controlling their access to electronic devices or social media, or using technology to harass or intimidate them.

Punishment for Domestic Violence under Indian Penal Code & Criminal Procedure Code

Criminal law in India primarily addresses the punishment for domestic violence in India through two key legislations: the Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC). 

Section 498-A: Cruelty

Section 498-A of the IPC deals with acts of cruelty against women committed by their husbands or their relatives. The section prescribes punishment, including imprisonment for up to three years and a fine. Cruelty, as defined in the Explanation to Section 498-A, encompasses various willful acts that can drive a woman to contemplate suicide, cause physical or mental harm, or involve harassment to extort money from her relatives.

In the Social Action Forum for Manav Adhikar v. Union of India, the constitutional validity of Section 498-A was upheld. The court also established guidelines for investigating officers, emphasising their duty of care while handling such cases.

The Supreme Court has expressed concerns regarding the misuse of Section 498-A. In the case of Rajesh Sharma v. State of U.P., the court noted the tendency to implicate all family members based on general allegations to resolve marital disputes. It observed that many complaints were filed impulsively over trivial issues, lacking sincerity. Unwarranted arrests and the non-compoundable nature of the offence caused hardships for the parties involved and hindered the possibility of settlement. The court emphasised the need for comprehensive investigations to address these concerns.

In addition to Section 498-A, the IPC also includes provisions to punish husbands in cases of dowry death under Section 304-B. It also addresses offences related to grievous hurt, hurt, and abetment to suicide.

Section 125, CrPC: Maintenance Orders

Section 125 of the CrPC enables obtaining maintenance orders for wives, children, and parents. This provision aims to prevent hardships rather than impose punitive measures. The definition of a wife under Section 125 is broad, encompassing not only married women but also divorced women, second wives, and women in live-in relationships. However, it does not include women whose marriages are void.

Punishment for Domestic Violence under the Protection of Women from Domestic Violence Act, 2005 

There must be a domestic relationship between the perpetrator and the victim to seek legal recourse for domestic violence. A domestic relationship is between two individuals who live or have lived together in a shared household and are related by consanguinity, marriage, or a relationship similar to marriage. 

The term “like marriage” has been broadly interpreted. In the case of Indra Sarma v. V.K.V. Sarma, the Supreme Court laid down guidelines for determining whether a live-in relationship falls within the scope of a relationship “like marriage.” However, in the case of D. Velusamy v. D. Patchaiammal, it was held that a one-night stand or weekend together does not establish a domestic relationship.

Eligibility for Remedies under the Domestic Violence Act, 2005

According to Section 2(a) of the Act, an aggrieved person, who can avail remedies under the Act, refers to a woman who is or has been in a domestic relationship with the perpetrator and alleges to have experienced domestic violence. Thus, even if the woman is no longer in a relationship with the respondent, she can still seek remedies under the Protection of Women Against Domestic Violence Act, 2005.

Scope of Domestic Violence Act, 2005

Section 2(q) of the Act defines respondents as individuals who can be considered perpetrators of violence against women. In the case of Hiralal P. Harsora v. Kusum Narottamdas Harsora, it was held that the definition is not limited to adult males but also includes women and non-adult males. 

This landmark judgment overruled the previous ruling in Ajay Kant Sharma v. Alka Sharma. In the Sandhya Manoj Wankhade v. Manoj Bhimrao Wankhade, it was held that female relatives could be considered “relatives” of the husband or male partner under the Act. The legislature never intended to exclude female relatives from the Domestic Violence Act 2005 provisions, even though the term “female” is not explicitly used in Section 2(q). The expression “relative” should not be given a restrictive meaning, nor has it been defined as specific to males only.

Remedies Under the Protection Of Women Against Domestic Violence Act, 2005

The major remedies available under the Act are as follows:

Right To Reside In A Shared Household (Sections 17& 19)

Section 17(1) of the Domestic Violence Act, 2005 stipulates that every woman in a domestic relationship has the right to reside in the shared household, irrespective of her ownership or interest in the property. Section 17(2) further prohibits the respondent from evicting or excluding the aggrieved person from the shared household. 

However, in the case of Vimlaben Ajitbhai Patel v. Vatslaben Ashokbhai Patel, the court clarified that the woman’s right of residence under the Act is limited to joint properties in which the husband has a share, and she is not entitled to the respondent’s property.

In the case of Ishpal Singh Kahai v. Ramanjeet Kahai, it was held that the victim could apply to the court for a residence order concerning the shared household, including their matrimonial home, regardless of her ownership or interest in the property.

The relief of residence orders is provided under Section 19 of the Act. According to Section 19, the magistrate can pass residence orders that include:

• Restraining the respondent from dispossessing or disturbing the possession of the aggrieved person in the shared household, regardless of the respondent’s legal or equitable interest in the property.
• Directing the respondent to vacate the shared household.
• Restraining the respondent or any of their relatives from entering the portion of the shared household where the aggrieved person resides.
• Restraining the respondent from alienating or encumbering the shared household.
• Restraining the respondent from renouncing their rights in the shared household, except with the leave of the magistrate.
• Directing the respondent to provide the same level of alternate accommodation for the aggrieved person as enjoyed in the shared household or to pay rent for such alternate accommodation if necessary.

However, in the case of S.R. Batra v. Taruna Batra, it was clarified that the wife’s claim for alternative accommodation under Section 19(1)(f) can only be made against her husband and not against her in-laws or other relatives.

Protection Orders (Section 18)

Section 18 of the Domestic Violence Act, 2005 empowers the magistrate to issue a protection order based on their prima facie opinion. This order prohibits the respondent from engaging in various actions, including:

• Committing any act of domestic violence.
• Aiding or abetting in the commission of acts of domestic violence.
• Entering the place of employment of the aggrieved person or, in the case of a child, their school or any other place frequented by them.
• Attempting to communicate with the aggrieved person in any form, including personal, oral, written, electronic, or telephonic contact.
• Alienating any assets, operating bank lockers, or bank accounts jointly or singly held by both parties, including the aggrieved person’s stridhan or any other property held jointly or separately by the parties, without the magistrate’s permission.
• Inflicting violence on the dependents, other relatives, or anyone who assists the aggrieved person against domestic violence.
• Committing any other act specified in the protection order.

In the case of Madhusudan Bhardwaj v. Mamta Bhardwaj, it was established that two important factors need to be proved in favour of the aggrieved woman: (i) an opportunity of hearing to the parties and (ii) prima facie satisfaction of the occurrence of domestic violence or the likelihood of its occurrence. However, it was clarified that the requirement of providing an opportunity for a hearing does not imply that such orders can only be passed after the hearing.

Furthermore, in the case of Saraswathy v. Babu, it was held that the parties’ conduct before the commencement of the Domestic Violence Act, 2005 can be considered while issuing orders under Sections 18, 19, and 20 of the Act. This allows for the examination of relevant conduct even before the Act came into effect.

Monetary Reliefs (Section 20)

The adjudicating magistrate has the authority to order the perpetrator to provide monetary relief to compensate for the expenses and losses incurred by the aggrieved woman and any children as a result of domestic violence. This monetary relief may include:

• Loss of earnings: Compensation for the income that the aggrieved woman could not earn due to the domestic violence.
• Medical expenses: Reimbursement of medical costs incurred by the aggrieved woman or the child as a result of the violence.
• Loss of property: Compensation for any damage, destruction, or removal of property from the control of the aggrieved woman.
• Maintenance: The remedy of maintenance provided under this section is in addition to the maintenance order granted under Section 125 of the Criminal Procedure Code.

It is important to note that the monetary relief granted must be adequate, fair, and reasonable, and it should be consistent with the standard of living to which the aggrieved woman is accustomed.

In the case of Ajay Kumar v. Lata, the courts allowed a claim for maintenance against the brother of the deceased husband. This was permitted based on the shared household in ancestral joint Hindu family property and joint business between the brother and the deceased husband. The court confirmed the direction for interim maintenance in this case.

Custody Orders (Section 21)

Section 21 of the Protection of Women Against Domestic Violence Act grants authority to the magistrate to issue temporary custody orders for any child or children involved in the case. The aggrieved person can be granted custody of the child or children, either with or without visitation rights, for the respondent. This provision ensures that the welfare and best interests of the child are considered during the proceedings.

Compensation Orders (Section 22)

Section 22 of the Protection of Women Against Domestic Violence Act empowers the magistrate to direct the payment of compensation and damages for physical and mental injuries caused by domestic violence. This provision acknowledges the harm inflicted upon the aggrieved person and provides a mechanism for obtaining financial redress.

Other Civil Remedies

In addition to the Protection of Women Against Domestic Violence Act, other civil remedies are available to address issues related to domestic violence. These include:

• Divorce: A legal dissolution of marriage.
• Judicial Separation: A legal arrangement where spouses live separately without terminating the marriage.
• Restitution of Conjugal Rights: A legal remedy that enables one spouse to request the court’s intervention for the resumption of marital cohabitation.
• Maintenance: A legal obligation for one spouse to provide financial support to the other spouse during or after separation or divorce.
• Alimony: Financial support provided by one spouse to the other after divorce or separation to meet their ongoing needs.

These civil remedies may be pursued in conjunction with or separately from the Protection of Women Against Domestic Violence Act, depending on the specific circumstances and requirements of the aggrieved person.

Conclusion

The punishment for domestic violence in India is governed by the Protection of Women from Domestic Violence Act 2005. The Act provides for various measures to address domestic violence, including protection orders, residence orders, monetary relief, custody orders, and compensation for injuries. Perpetrators can face legal consequences such as restraining orders, financial compensation, and temporary loss of custody rights. The severity of punishment depends on the nature and gravity of the offence.

Also, Section 498-A of the Indian Penal Code punishes cruelty against women, while Section 125 of the Criminal Procedure Code provides for maintenance orders.