Domestic Violence in Abusive Relationships- A legal perspective.

Author: Shrinidhi.B. Mangalore University, Karnataka.

Introduction

What is Domestic Violence?

In general, its behavior from one partner or spouse or relative in a relationship, to get control over the other person mentally physically or financially, by causing mental pain, Physical pain or agony is called domestic violence. It's a violence committed by a person in an intimate family relationship. It is very clear the Women who shows little challenges to their spouses like control their behavior, who asks for money from their respective spouse and importantly who steps out of the house without permission are the women who are facing more exploitation from the family and society. The legal system, Judiciary and Police are supposed to be the protectors when these things happen in their eyesight. Gender discrimination is not new in our existing society. Violence does not occur as an isolated incident in the lives of abused married and young girls. Sometimes they are not even given access to basic human needs. There are many laws which safeguards women’s rights and provide them with access to the judicial system in response to the pressing need to combat domestic abuse.

Keywords

Violence, Stigma, Intervention, cyclical pattern, Manipulation, Women, Domestic.

Domestic Violence and the Laws

Domestic violence and abusive relationships are very normal in India. We are witnessing it on a daily basis as sister, friend, family memberships are not easy to deal with or confront time. It will end up with long discussions rather than solutions. There are many laws and legal actions for domestic violence in Indian law. Most of them deal with women’s safety as well as safety of respective partners and families. A woman is still neglected a lot and subject to discrimination and victimization at home as well as outside home. The situation is present all over the world, not only in India. The very fact that irrespective of their caste, color , creed women have been discriminated against. The dominance of the male centered society and the ideas adversely affects the status of women. The truth is women are not even safe in their home too, it often turns out to be dangerous. Indian women have been victimized, humiliated, exploited, tortured through generations child marriage, female-feticides dowry and boycott of the widow’s etc. are few examples where we can see violence on women.

The PWDVA of 2005 is a noteworthy achievement as it established legal resources and support services for victims of domestic abuse, while also acknowledging domestic abuse as a separate criminal offence. Another law The protection of women from Domestic violence Act of 2005 states Victims of domestic abuse have the ability to ask the court for a variety of remedies, including financial assistance, residency orders, protections orders, and more. This subject deals with the scope and limits of legal measures to curb domestic violence against women in India. The Indian state has enacted several laws in the past to address the issue and recently a new comprehensive law was added to the list. The new law has become an alternative to many urban victims. Yet a review of the performance of the old and new laws on domestic violence proves that legal measures to curb domestic violence have serious limitations.

Legal frameworks in India

The Dowry Prohibition Act, 1961 forbids the exchange of dowries, this particular society norm is associated with violence against women. The goal of the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal)Act, 2013, is also Safeguard women against sexual harassment in the workplace and provide a system for handling complaints about such harassment.

Section 354 of the Indian Penal Code, 1860 addresses against women
Section-375 Rape
Section -376 Rape Penalties.
Section 498-A woman’s spouse or family member abusing her.
Section 304B-Dowry Death
Section 3 of Domestic Violence Act
Section 306-Aiding a woman in committing suicide.

Literature review

In India it highly highlights the prevalence, cultural influence, and impacts of intimate partner Violence (IPV)and domestic abuse, particularly against women.

Prevalence and forms of Abuse: Studies show that over one third of Indian women face controlling behavior and multiple forms of violence during their relationships. Cultural norms and traditional views about gender roles often justify such behaviors.
Cultural and socioeconomic influence: Patriarchal beliefs significantly influence abusive dynamics, where men often use violence to exert control and maintain dominance in relationships. These behaviors are often normalized due to societal expectations, family structures, and economic dependency of women.
Legal and institutional challenges: Although laws such as the Domestic Violence Act (2005) aim to protect women, enforcement is often hindered by stigma, judicial delays, and societal resistance. Many women are reluctant to report abuse due to fear of retaliation, lack of support systems, and cultural pressure to preserve family unity.
Cycle of abuse and Psychological Impact: Abusive relationships often follow a cyclical pattern, including periods of tensions building, violence and reconciliation.
Intervention strategies: Research suggests culturally sensitive interventions targeting both victims and perpetrators.

Methodology

This research is done through the Doctrinal method of research. In this method of research secondary sources such as various books, journals and online articles written by various authors have been referred to. Various instruments, such as the evaluation and analysis of case laws, judgements, Journal, Paper articles.

Landmark Judgments and Observations

Balram Kumawat Union of India

Highlights of the case is convicts cannot be based on such presumptions until the offence has been proven beyond a reasonable doubt. It was assumed that when changes and Section 498-of IPC stated that the majority of mistreated women would continue to demonstrate and come neat. Further case explains that false accusation made connections and expressed concern about Husband’s family members, who had been reported and his relatives, unexpectedly distant relatives being apprehended without the necessary investigations.

Sandip Mrimoy vs Chakrabarty

Case states that ‘Under the provisions of the Said Domestic Violence Act are provided in Section 18 to 22 of Domestic Violence Act, The appeal Provided under Section 29 of Domestic Violence Act, could have been availed by filing an appeal to the court of sessions only if such order on application made by respondent under the provision of the said Domestic Violence Act would have been heard by the Judicial Magistrate, First class and not in the order passed by the family court.

Conclusion

Domestic violence Women is a complicated problem in our country. The society has created its own norms and rules which gives women Secondary position and it clearly states that society is based on Man's power. The cultural values of India have a major role played in domestic violence against women. The Domestic Violence Act, 2005 and the provision of the Indian Penal Code,1860 are highly promising legislation that combines civil and criminal punishments to give effective remedies to women who become victims of domestic violence and abusive relationships in marriage. The landmark domestic violence cases in India illustrate the judiciary’s evolving response to a pervasive social issue. . The purpose of the law led in this particular society's stigma is larger than expected. Legal advisors have to propose new laws and educate the society and women how to use those laws and the primary key for eradication of this abuse.