INTRODUCTION

The evolution of the laws for the protection of women in India rests majorly upon the shoulders of the prevention of domestic violence law enacted in India which has been interpreted by the Courts all over India according to respective facts and circumstances of a particular case. In common parlance, by domestic violence, we understand the violence which includes physical, mental and sexual assault, abusive behaviour, etc. resulting in physical or mental injury, trauma, death and seriously injured self-respect of a women.

The domestic violence against any female is now enshrined majorly in the “The Protection of Women from Domestic Violence Act, 2005” which protects the women from domestic violence and abuse. Besides this, provisions under IPC i.e. 498A  and the Dowry Prohibition Act, 1961 also deal with the issue of Domestic violence.

APPLICABILITY?

What is domestic violence is very specifically defined in the Domestic Violence Act, 2005 and it is not limited to a married women only but a women, be it a mother, sister, wife, a partner in a live-in relationship, etc all are covered because the protection so provided under this Act is to a women in a household from the men of the household. Protection and safety as regard the maintenance, residence right, etc makes this law very favourable to a woman who has been a victim of domestic violence and doors for whom have been shut by their family members. The most important feature of Domestic Violence Act is that any aggrieved person can file a complaint and that aggrieved person as per the definition provided under the Act could include not only the women living in the house but anyone who has a reason to believe that an act of domestic violence is being committed against the women. The protection provided to such informer makes it an easier task for them to report the crime against women because it is presumed that such a complaint was made by a stranger in good faith believing the incidents to be true.

Second law that protects the women from domestic violence in the form of dowry is the Dowry prohibition Act wherein the act of receiving and giving dowry has been made punishable with imprisonment. This Act is applicable to all the citizens irrespective of the religion followed by them. However even after amendments under the Dowry Prohibition Act, it has failed to curb the menace of Dowry. Practically, the practice of giving dowry still exists and the numbers of cases piled up in the courts complainant domestic violence due to non-fulfillment of demand of dowry has virtually rendered this law as good as dead in India. However, this law is getting strength now from the Indian Penal Code which prescribes a stringent punishment for dowry demand and hence, both these Acts clubbed together are effective as one is supplementing the other. Since, offence under section 498-A is a non-compoundable and non-bailable offence, it becomes difficult for the husband or the respondent (as defined in the Domestic Violence Act) to get himself released once caught. This is also a reason why this law has now been repeatedly misused in order to obtain financial gain or harass the husband or the respondent. The fact that all the family members are implicated in connivance with the police and lawyers, has made this law very dangerous and un-safe for a husband.

CURBING MISUSE?

Some studies suggest that because of the threats of false implication by the wife in the relationship, the marriages are failing in India because they fear that the old parents of the husband would also be made to suffer for no fault on their part. It is a sad state of affairs because the misuse has increased by many folds that the genuine cases wherein false implication is apparent on the face of it also finds it difficult to save themselves. Thus, the decision rendered by the Hon’ble Supreme Court in the case of Lalita Kumari v. State of U.P. which lays down guidelines for arrest in such matrimonial disputes have cautioned the investigating officers to conduct a preliminary inquiry on the complaint made before making any arrests. This was further upheld and reiterated by the Supreme Court in the case of Arnesh Kumar v. State of Bihar.

CONCLUSION

Hence, the domestic violence law though is very stringent but is being rapidly mis-used due to the loopholes not being addressed by the legislatures. This is resulting in false cases being piled up only to wriggle out of the marriage after taking financial gains and getting the other side punished for certain acts which may be qualified only as a normal wear-tear of a marriage. Though the laws are in place but the need of the hour is to protect the respondent(s) from false implication in order to make this law a successful piece of legislation protecting the rights of women.