Penalty/Punishment

The law related to the protection of women from domestic violence contains punishment for the wrongdoers and the protection officers:

• For Respondent: A person who has been accused of committing acts of domestic violence violates the terms of the protection order, he is said to have committed an offence which is a non-bailable and cognizable offence. Such a person is punishable with imprisonment for a time period of a maximum of one year or fine, or both. The maximum amount of fine which can be levied upon the accused is Rs. 20,000. If there are some serious offences committed by the person which fall under the offences mentioned under the Dowry Prohibition Act and Indian Penal Code, he can be tried for such offences too.
• For Protection Officer: If the protection officer fails to perform his duties as ordered by the Magistrate without any valid reason, then such an officer will be held liable for committing an offence under the Act and will be liable for similar punishment as that of the respondent. A protection officer can only be penalized only after the state government has given prior sanction for levying a penalty on the officer. Such an officer will not be penalized if he/she has taken any steps in good faith.

Appeal

An aggrieved party who has been dissatisfied with the order passed by the Magistrate can file an appeal before the Court of Session challenging the order passed by the magistrate within the time period of 30 days from the date on which the order of the Magistrate was served to either of the party to the lawsuit.

How is domestic violence different from other forms of violence?

The pattern of abuse on the victim is the differentiating character of domestic violence which makes it different from other forms of violence. The person who has been accused of domestic violence is seen to have constant control and power over the life of the victim forming a pattern of control and threat over the other.

Whereas, violence other than domestic violence occurs when both parties are involved in violent acts against each other to cause harm or injury. It occurs in less or no repeated acts as compared to acts of domestic violence.

Does verbal abuse amount to Domestic Violence?

When people hear about domestic violence, they usually tend to limit it to physical violence- especially in the sense of what remains visible. The idea of verbal abuse doesn’t often come up. This leads to the normalization of the impact of verbal abuse. However, domestic violence usually starts with a verbal form of abuse before becoming a full-blown pattern of violence. Section 3 of the Domestic Violence Act includes verbal violence as a form of domestic violence. This makes verbal abuse a legally recognizable mode of perpetrating domestic violence against women. Verbal Abuse affects one’s sense of self-worth and spirit leading to self-doubt. Any attack on self-worth further results in psychological trauma and depression.

Is a male person allowed to file a case for domestic violence in India?

The Domestic Violence Act of 2005 has no provisions with regard to the protection of males and the right to them for filing a case for domestic violence under the Act. This Act was enacted primarily to protect the women who have been victims of domestic violence.

However, a male who has been a victim of domestic violence has the right to approach the competent court and apply for judicial separation or divorce by stating cruelty (mental or physical) as a ground to seek divorce or judicial separation under the relevant personal law of the party. The laws related to domestic violence in India are silent about provisions to protect and safeguard the rights of a man.

Consequences of domestic violence against women

Women have faced severe consequences and the impact of domestic violence on them. The effect is both short-term and long-term. It also affects the children and the elder members of the woman who has been a victim of domestic violence. It creates a very unhealthy and poor effect on the mind of the child.

• Short-Term Consequences: Domestic violence against a woman has short terms physical effects. It includes serious physical conditions and injuries in the body of the victim. It also includes cuts, bruises, internal bleeding, fractures, or other internal and external injuries in the body of the victim. There are certain situations where the nature of the injury is known only after an x-ray or other relevant tests are performed by a doctor. The effect of such violence badly affects the daily mood of the people who have been affected and ultimately reduces the efficiency and ability to perform tasks.
• Long-term Consequences: Violence can be physical or mental. The violent act generates fear in the mind of the victim for a long term leading to many health problems and disorders. The long-term consequences of physical and mental violence can result in depression, anxiety or mental disorder due to trauma, etc.