CRIMINAL LAW

dowry death

CRIMINAL LAW

In India the criminal law is substantially based on the Indian penal code 1860, however it is supplemented by special laws.

dowry

(i)                Indian penal code 1860

There are certain provision under Indian penal code, 1860 which deals with the offence in the form of domestic violence against women. These are as under:

Ø Dowry death:  According to section 304-B of I.P.C where death of a married women is caused by burns or occurs otherwise than under normal circumstances within 7years of marriage and if it is established that soon before her death she was subjected to ill-treatment or cruelty by her husband or relative of husband such death of married women is treated as dowry death.

force

Ø Forceful termination of pregnancy amounts to violence at home:   In view of section 313 to 316 of I.P.C female infanticide or forcing the wife to terminate pregnancy are also varieties of domestic violence which is recognized as offence under Indian penal code.

burnt

Ø When a woman is driven to commit suicide:  on account of domestic violence especially the bride are subjected to harassment for demand of dowry and compelled to commit suicide.  Abetment of suicide of a disordered mental state of person is an offence punishable with death or 10 years of life imprisonment as provided under section 305 and 306 of the I.P.C.

hurt

Ø Causing hurt and grievous hurt.  It is a common form of domestic violence. Section 319 of I.P.C defines the expression “Hurt” as causing bodily pain, injury, infirmity and disease to any person, however serious hurt is termed as grievous hurt under section 320 of I.P.C.

Ø Unlawful confinement : it is one of the form of domestic violence where women’s movement is restrained or confined within four walls of the house. It is the common form of domestic violence which is punishable under section 399 and 340 of I.P.C.

marital rape

Ø Marital rape: another common form of domestic violence is marital rape, where a wife is living separately under decree of judicial separation or under any custom and man have sexual intercourse with her without her consent it amounts to offence under section 376-A of I.P.C.

Ø Misappropriation of wife’s property: with a view to make wife economically dependant grabbing of wife’s property is common form of domestic violence.

violence

Ø Matrimonial cruelty:  under section 498-A I.P.C Matrimonial Cruelty whether physical mental is an offence. The ‘term’ cruelty under the said section has wide scope that includes various kind of other cruelty.

DOMESTIC VIOLENCE AGAINST WOMEN

  DOMESTIC VIOLENCE AGAINST WOMEN

domestic violence hurts

It Is Well Known Omnipresent Problem That Women Are Subjected To Violence At Home. Especially in Context of Indian Majority of Such Victims Do not Seek Legal Remedies. There Are Many Reasons or This That They Are Economically & Educationally Backward and they are not familiar with legal proceeding and even one of the major reasons that they do not have faith in the legal system of our country. It felt that getting timely justice is ‘mirage’ as one has to undergo cumbersome procedural law and compelled to face series of adjournment in the way to get adequate relief.

domestic violenec

The question arises as to what type of violence or act falls within the ambit of domestic violence as the experience reveals domestic violence takes place in varieties. 

It is to be noted that under Indian law there is no recognized definition of ‘expression’ of Domestic Violence however an attempt can be put forth to define the same.

Ordinarily, expression “domestic violence” connotes sexual abuse or the thread of sexual abuse of women but there are several other abuses known to men when women are targeted to physical, mental, verbal and economic abuse. Certainly these act and conduct would come within the expression of “domestic violence”.

no to violence

It is to be reiterated that under the laws of India the expression “domestic violence” is yet to be defined, but it shall not be taken to mean an act of domestic violence is not punishable in India. There is no solitary form of domestic violence; it differs with situation, individual and household. It impact of domestic violence is to be measured by degree of severity. it has been said that domestic violence could yield drastic and extreme result in form of death though there may be minor scars  and injury in some cases of domestic violence against women, their can be situation when domestic violence would result neither in death nor in scar but have tremendous physiological effect on the victims.

The meaning and scope of domestic violence against women could aptly be clear from glance at criminal law and civil law which address the offence as to domestic violence against women to certain extent.