domestic violence
Section 3 of the Protection of Women from Domestic Violence Act, 2005 defines domestic violence widely, including physical, sexual, verbal and emotional, and economic abuse, and harassment for dowry. The aggrieved person is a woman in a domestic relationship with the respondent: by consanguinity, marriage, a relationship in the nature of marriage, adoption or a joint family (s.2(f)). The Act is civil; it gives protection, residence, monetary, custody and compensation orders through the Magistrate.
In Indra Sarma the Supreme Court laid down guidelines on when a live-in relationship is one “in the nature of marriage”. In Satish Chander Ahuja it held that a “shared household” is not limited to a house owned by the husband and can include one owned by his relatives. Cruelty to a wife is a separate offence under ss.85 and 86 BNS (old s.498A IPC).
Example
Taking away her salary and denying her money for food is economic abuse, and so domestic violence under s.3 of the 2005 Act.
In Indian law
- Sections 2(f), 2(s) and 3, Protection of Women from Domestic Violence Act, 2005
- Indra Sarma v. V.K.V. Sarma, 2013 INSC 786
- Satish Chander Ahuja v. Sneha Ahuja, 2020 INSC 599
See also
Read more in the study notes
- Mediation: meaning, the mediator and essential characteristics (Alternative Dispute Resolution Systems)
- Stages of mediation, models of mediation and code of conduct for mediators (Alternative Dispute Resolution Systems)
- Maintenance, alimony and dowry prohibition (Family Law I - Hindu Law)
- Rights of women: CEDAW and Indian law (Human Rights Law and Practice)
- Legislation as a source of law: supreme and subordinate legislation, other sources, and social welfare (Judicial and Legislative Process)
- Women, gender justice and the law (Law and Social Transformation in India)