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Domestic Violence

Domestic Violence, also known as Intimate Partner Violence, Domestic Abuse, Dating Violence and Intimate Partner Abuse, is a form of Violence committed by someone in the victim’s domestic circle. This can include partners & ex-partners, family members, relatives, and friends. Usually, there is an imbalance of power between the victim and offender. 

What constitutes Domestic Violence? 

According to Section-3 of the Domestic Violence Act, 2005, it includes threats to life and safety, physical or mental abuse (which includes sexual abuse, physical abuse, verbal and emotional abuse, and economic abuse), harassment, any unlawful demand of dowry or other property or valuable security, and any further injury or harm inflicted on the victim mentally or physically. 

Against whom can Domestic Violence be filed?

In the current situation, complaints can be lodged against any Adult Male Member in a Domestic Relationship with the victim and against whom the victim has sought relief under the Act. This also includes other family members, such as Father-In-Law, Mother-In-Law, Brother-In-Law, and any relative of the male partner. 

Types of Domestic Abuse include:

  • Physical abuse (slapping, biting, beating, hitting, kicking, forcing someone to use alcohol or drugs, and denying medical treatment).
  • Sexual abuse (marital rape, physical Violence followed by sex, and attacks on sexual body parts).
  • Emotional abuse (undermining the victim’s self-esteem, humiliation, insults, threats of harm, belittling, and threats to take away children).
  • Economic abuse (making or attempting to make the victim financially dependent).
  • Technological abuse (using technology to control and hold a partner).

Punishments for Domestic Violence are outlined in various laws and statutes in India, 

  • Section 304B of the Indian Penal Code relates to dowry death. 
  • Section 313-316 of the Indian Penal Code on female infanticide.
  • Section 305-306 of the IPC on abetment of suicide.
  • Sections 340 and 349 of the IPC on wrongful confinement and wrongful restraint. 
  • Section 498A of the IPC on cruelty. 

Laws on Domestic Violence in India include the Protection of Women against Domestic Violence Act, 2005, which prohibits various physical, sexual, emotional and economic abuse against women, and Section 498A of IPC, which is a criminal law that applies to husbands or family members of husbands who are cruel to women. Domestic Violence is a severe problem in India and often goes unreported. We must raise our voices against it and ensure that laws to protect the victims of Domestic Violence are enforced.

Domestic Violence is a severe and pervasive issue that affects countless individuals and families. At Icon Legal Services, we understand the devastating impact that domestic Violence can have on victims and their loved ones. We are committed to providing compassionate and effective legal assistance to needy people.

If you or someone you know is experiencing domestic Violence, do not hesitate to contact us for help. Our team is dedicated to providing the support and guidance you need to navigate this complex and traumatic situation.