Explained: What Constitutes Domestic Violence And Legal Remedies Available To Victims

What is Domestic Violence?

Any act, omission or commission or conduct of the respondent that harms or injures or endangers safety life limb or wellbeing whether mental or physical shall constitute to be domestic violence which includes physical, emotional or psychological, sexual, or economic abuse.

What is process of filing Domestic Violence cases in India?

A lady has to file a complaint in the nearest Mahila court or First-Class Magistrate defining about. Seeking both remedies of civil or criminal nature.

What is an Incident Report?

Incident Report is prepared by the protection officer upon receiving a complaint for inquiry into commission of Domestic Violence. A report prepared by the protection officer after inquiring into the incidents of Domestic violence as alleged by the complainant.

Can Domestic Violence be committed by women against women?

Yes, Supreme Court has cleared this point in leading landmark Judgements.

What are the laws available for Protection of Women from Domestic Violence?

Protection of women from Domestic Violence Act,2005 and section 498A read with other relevant sections such as 406, 323 and 354 of IPC.

Are women in Live-in-relationship Protection of Women from Domestic Violence Act?

Yes.

What legal proof is required to establish a case of Domestic Violence?

Testimony of Eyewitness, Documentary proof, Secondary evidence like audio video, etc.

What is the difference between a 498A and Domestic Violence case?

Domestic violence is known for the complaint related to any form of harassment even without demand of Dowery such as violence for example physical, mental social, economic etc. Whereas 498A of IPC is attracted when primarily a victim is subjected to harassment for non-fulfillment of dowry demand.

Will a husband asking his wife to leave the Matrimonial home amount to Domestic Violence?

Yes.

What should a man do if he is a victim of Domestic Violence?

Report it to the police and try to get a FIR filed with documentary evidence like MLC. Though no special law is required.

Can the Domestic Violence laws be applied to LGBT community in India?

Yes.

(The author, Prachi Mishra, is a Supreme Court lawyer and Additional Advocate General, Chhattisgarh)

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