Domestic violence (also known as domestic abuse or family violence) is any form of violence or abuse that occurs within the home, such as in a marriage or cohabitation. Domestic violence is frequently used interchangeably with intimate partner violence, which occurs when one of the persons in an intimate relationship acts violently against the other. It can occur in heterosexual or same-sex partnerships, as well as between former spouses or partners. Domestic violence can be physical, verbal, emotional, financial, religious, reproductive, or sexual. Domestic violence affects the minds of children and people society .in today domestic violence is not common but around the world, it is especially in India like in the state of Rajasthan, Bihar, Jharkhand, Uttar Pradesh there can be many no. of affected people.
PROVISION RELATING TO DOMESTIC VIOLENCE
DOMESTIC VIOLENCE ACT – 2005
The Protection of Women from Domestic Violence Act (hereinafter PWDVA) 2005 was perhaps the first legislature to recognize live-in relationships by providing rights and protection to females who are not legally married but are living under the same roof with a male in a relationship that is similar to marriage but not identical to marriage (Auroshree, 2019). Section 2(f) of the Domestic Violence Act, 2005 defines: A domestic relationship is one between two people who live or have lived together in a shared household at some point in their lives, whether they are related by consanguinity, marriage, or a relationship such as marriage, adoption, or are family members living together as a joint family. A domestic relationship is one between two people who live or have lived together in a shared household at some point in their lives, whether they are related by consanguinity, marriage, or a relationship such as marriage, adoption, or are family members living together as a joint family
- What is a domestic relation?
- Consanguinity, marriage, and relationship in the form of marriage are all examples of relationships between two people who live or have lived together in a common household.
- A shared household is one in which the woman resides or has lived in a domestic partnership with the man. She may or may not be living in the shared household at the time of the application for relief, but as long as the domestic relationship exists, she is entitled to remedy under the Domestic Violence Act.
- Even though she has no right, title, or interest in the shared residence, every woman in a domestic relationship has the right to live there.
- Who is covered under the act?
The Act applies to all women living in a joint household, whether they are mothers, sisters, wives, widows, or partners. Marriage or adoption may be the nature of the relationship. Relationships between family members who live together as a joint family is also considered. However, no female relative of the husband or male partner can file a complaint against the wife or female partner; for example, a mother-in-law cannot file a complaint against a daughter-in-law, but she can file a complaint against her daughter-in-law for assisting her son in committing violence against her.
- Who can file a complaint?
A woman may make a complaint on her behalf if she believes she has been the victim of domestic violence by the perpetrator or another person. Under the Domestic Violence Act, a child is also entitled to protection. On behalf of her minor kid, the mother of such a child can apply (whether male or female). The children can be included as co-applicants in circumstances when the mother files an application to the court on her behalf.
- Against whom a complaint can be filed?
Any adult male who has had a domestic relationship with a woman. Family members of the husband or male partner. Both male and female relatives of the male partner are included.
WHY INCREASE IN DOMESTIC VIOLENCE CASES IN INDIA DURING THE LAST TWO YEARS?
When the covid pandemic arrived everyone went under lockdown due to which the violence rate upon women increased drastically.
Reasons for increment in violence:-
- Packed environment
- More tensed situation
- Increase in burden
According to official data, the National Commission for Women (NCW) registered an increase of 2.5 times in complaints of domestic violence in April last year. The NCW received 1,477 complaints between 25 March and 31 May.
HOW CAN WE DECREASE DOMESTIC VIOLENCE
- Someone should be informed. Tell someone if you are a victim or witness of violence. It could be a friend, parent, teacher, coach, brother/sister, or a neighbor you trust.
- Take all forms of abuse and violence seriously. Keep in mind that many acts of violence and abuse are illegal.
- Make a statement. If you see or hear any sort of violence or abuse, speak up, intervene, or shout that the perpetrator is the uncool one and that the violence must halt.
As per the condition that is going in the world domestic violence around the world is increasing but with the help of more social media and more educated people around the corner there are more complaints and people are more confident to raise their voice against the cruelty. so yes ‘help the people so suffer from any kind of violence and raise voice’.
Author‘s Name – Anurag Gupta (Narsee Monjee Institute of Management, Hyderabad)