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Domestc Violence and Law
Article Abstract by:
sprasad
Original Author: shailee
Is Domestic Violence a leagal offence?
In India Domestic Violence was not at all thought as an act of cruelty
rather it was accepted as a way of life .
But In 1983, domestic violence was recognised as a specific criminal offence by the introduction of section 498-A into the Indian Penal Code. It was after this introduction of the law and its explanationthat people became aware of the fact that there was something inhuman in domestic violence .
This section deals with cruelty by a husband or his family towards a married woman. Four types of cruelty are dealt with by this law:
• conduct that is likely to drive a woman to suicide,
• conduct which is likely to cause grave injury to the life, limb or health of the woman,
• harassment with the purpose of forcing the woman or her relatives to give some property, or
• harassment because the woman or her relatives is unable to yield to demands for more money or does not give some property.
The punishment is imprisonment for upto three years and a fine. The complaint against cruelty need not be lodged by the person herself. Any relative may also make the complaint on her behalf.
The Acts which are considered as forms of "cruelty" by the Court.
• Persistent denial of food,
• Insisting on perverse sexual conduct,
• Constantly locking a woman out of the house,
• Denying the woman access to children, thereby causing mental torture,
• Physical violence,
• Taunting, demoralising and putting down the woman with the intention of causing mental torture,
• Confining the woman at home and not allowing her normal social intercourse,
• Abusing children in their mother's presence with the intention of causing her mental torture,
• Denying the paternity of the children with the intention of inflicing mental pain upon the mother, and
• Threatening divorce unless dowry is given.
Published: October 10, 2009
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