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The Laws in India against Domestic Violence

The prevalence of domestic violence is a scourge and an evil thing in our society. It is about time that we ensure that the issue is addressed squarely and that we are equipped in dealing with it.In India, domestic violence and dowry deaths complement each other. The vast majority of domestic violence cases result in or lead to dowry deaths and therefore prevalent. There may be relatives or friends who during their lifetime have had to deal with domestic violence or have been perpetrators. Nonetheless, domestic violence is often ignored or overlooked without taking any action as the victims are clueless as to who they ought to turn to for lodging their grievances.  The three laws in effect in India that deal with domestic violence issues directly are:·       The Protection of Women from Domestic Violence Act, 2005·       The Dowry Prohibition Act, 1961 and ·       Section 498A of the Indian Penal Code.Under The Protection of Women from Domestic Violence Act, 2005 which is a civil law womenfolk are protected from the menfolk in the household. This law in addition to protecting married women from their husbands also protects unmarried women who may be living together. This law also protects family members including mothers, grandmothers, and so on. This law permits women to look for protection against domestic violence, to be compensated financially, to exert the right to shared living in their household, and getting maintenance if in case they live apart.The law ensures women aren’t thrown out of their homes and can keep their body and soul together even after being mistreated. It provides protection to women from their perpetrators – under the Act, a Magistrate can pass a decree ensuring the perpetrator neither contacts nor is in close proximity to the abused or the affected party.The Dowry Prohibition Act is a criminal law that punishes both the giver and the taker of dowry. Based on this law, if anyone takes, gives or even so much as demands dowry, then the punishment is imprisonment for 6 months or they could be paying a fine of a maximum of Rs 5,000.Section 498A of the Indian Penal Code is about husband or husband’s relative who may be a woman’s husband inflicting cruelty on her. Cruelty in this context essentially means any behavior that pushes a woman to the brink of suicide or may cause fatal injury particularly to mental health – including harassment in the pretext of dowry. If indicted, a jail term of 3 years looms large. Click here to connect to Vidhikarya’s registered expert criminal lawyers for further legal advice in this regard.

Posted By

Avik Chakravorty

1 day ago

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What are the Human Rights Laws in India

Rights and Fundamental RightsIts oft-heard that both radicals and the layman alike are dueling for their human rights. The question though is what rights are we talking about here and did we get these rights from anyone? Fundamentally, why is it that people have to be on a tussle all the time for their human rights? Read on to find answers to these burning questions. Introduction to Human Rights and Fundamental RightsThe Indian Constitution has entire sections on The Rights and Fundamental Rights that guarantee people that their rights would be protected. These Fundamental Rights are regarded as the basic human rights of Indian citizens, notwithstanding their gender, caste, religion, creed, so on and so forth. These sections are the vital elements of the constitution which were developed between 1947 and 1949 by the Indian Constitution.The six fundamental rights in India are Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.1. Right to EqualityRight to Equality ensures that all citizens get equal rights. Inequality on the basis of caste, religion, place of birth, race, or gender is prohibited on the basis of the Right to Equality. It ensures equal opportunity in case of government jobs preventing the State from being discriminatory against anyone in regards to employment matters solely based on religious and racial grounds as well as on caste, sex, descent, birthplace, and domicile. 2. Right to FreedomThe right to freedom includes a wide array of rights including freedom of speech, expression, unarmed assembly, movement within national boundaries, association, practicing any profession, taking up residence in any part of India. These rights, however, have restrictions of their own.3. Right against ExploitationHuman trafficking, child labor, offensive forced labor inviting legally validated punishment, and also an act that compels a person to do unpaid work when the person did not have any sort of legal entitlement to do the work or get paid for it are all instances of exploitation that are condemned by the Right against Exploitation. The only exception is if there is any benefit to the public such as NGO work or community services. 4. Right to Freedom of ReligionThe right to Freedom of Religion ensures religious freedom and secular states in India. According to the Constitution, the States ought to view all religions equally in an unbiased manner and that none of the states has an official religion. It also ensures that people have the freedom of conscience and the freedom of preaching, practicing and propagating any religion that they may choose to.5. Cultural and Educational RightsCultural and Educational Rights safeguards the rights of cultural, religious and linguistic minorities by facilitating conservation of their culture and safeguarding them against discriminatory practices. Educational rights assure education for one and all regardless of their caste, gender, religion, and so on. 6. Right to Constitutional RemediesIf citizens' fundamental rights have been violated then they can appeal to the Supreme Court of India for enforcement or seek protection if their fundamental rights have been violated or infringed upon. It's within the jurisdiction of the Supreme Court to ensure that the Fundamental Rights are enforced even if that means implicating private bodies. Awarding compensation to the affected individual in case of any violation is the norm. ?Click here to connect to Vidhikarya’s registered expert human rights lawyers for further legal advice in this regard.

Posted By

Avik Chakravorty

1 day ago

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Tejasv  Anand

Tejasv Anand

Advocate
Exp
Delhi , Delhi

Specialization

  • Arbitration and Mediation
  • Commercial
  • Bankruptcy And Debt
  • Contracts And Agreements
  • Debt Collection
I am a lawyer practicing on the commercial, civil, economic crimes, corporate and regulatory field of law in the courts in Delhi, including the District Courts, Hon'ble Delhi High Court and the Hon'ble Supreme Court along with other Tribunals including the NCLT, DRT, APTEL etc. View Full Profile
PRADEEP  MATHUR

PRADEEP MATHUR

Advocate
Exp
Delhi , Delhi

Specialization

  • Arbitration and Mediation
  • Civil
  • Contracts And Agreements
  • Landlord And Tenant
  • Mergers And Acquisition
I have been practicing in Delhi/NCR courts and High Court of Delhi for over 9 yrs. Being from a family of lawyers and Judges, had opportunity to work for both Civil and Criminal cases & various Tribunals. Also since worked for engineering Indusrtries, I undertake Arbitrations & Corporate litigations View Full Profile
Abhijit  Banerjee

Abhijit Banerjee

Lawyer
Exp
South Delhi , Delhi

Specialization

  • Arbitration and Mediation
  • Cheque Bounce
  • Civil
  • Commercial
  • Consumer Protection
19 years of experience in Litigation in Supreme Court, various High Courts, NCDRC, Trial Courts, Forums and Regulatory Authorities. Have successfully handled numerous Matrimonial Disputes, Civil Cases & Criminal Cases. View Full Profile
Ashish  Fule

Ashish Fule

High Court Advocate
Exp
Nagpur , Maharashtra

Specialization

  • Arbitration and Mediation
  • Adoption
  • Banking
  • Cheque Bounce
  • Contracts and Agreements
Adv Ashish Fule is indian Lawyer based in Nagpur has specialised knowledge of Registration of Political Party and their compliances . He has registered more than 50 Political Parties In India and various states having its command on Representation of Peoples Act 1950 & 1951 . View Full Profile
Sahej  Uban

Sahej Uban

Lawyer
Exp
South Delhi , Delhi

Specialization

  • Arbitration and Mediation
  • Criminal
  • Family
  • Civil
  • Consumer Protection
Sahej Uban & Associates (A Law Firm) is a result oriented firm and works all day long to furnish best legal services for their clients. View Full Profile
NITIN  CHOPRA

NITIN CHOPRA

Practicing Lawyer
Exp
Allahabad , Uttar Pradesh

Specialization

  • Arbitration and Mediation
  • Family
  • Employment and Labour
  • Tax-Sales Tax
  • Tax-Service Tax
Advocate & Legal Consultant practicing in the Allahabad High Court, Central Administrative Tribunal. National Company Law Tribunal, CESTAT and Debt Recovery Tribunal. View Full Profile
Prateek  Chakraverty

Prateek Chakraverty

Advocate
Exp
West Delhi , Delhi

Specialization

  • Arbitration and Mediation
  • International Laws
I am an advocate registered with the Bar Council of India. I hold a BALLB (2011-16) from Jindal Global Law School. I have an LLM (2017-18) in Litigation and Dispute Resolution from Faculty of Laws, University College London. View Full Profile
Rhea  Luthra

Rhea Luthra

Independent Practising Lawyer
Exp
South Delhi , Delhi

Specialization

  • Arbitration and Mediation
  • Commercial
  • Administrative Law
  • Advertising
  • Bankruptcy And Debt
I completed my law in the year 2017 from Jindal Global Law School and have been providing services in various fields of law, that is, Family, Property, Cheque Bounce, Civil, Consumer Court, Recovery and drafting and vetting of various agreements and documents. View Full Profile
Siddartha  S Ramachandra

Siddartha S Ramachandra

Founder and principal
Exp
Bangalore , Karnataka

Specialization

  • Arbitration and Mediation
  • Criminal
  • Domestic Violence
  • Documentation
  • Banking
Adv.S.R.Siddartha an Advocate Practicing Passed in the year 2007 August a protégé from S.J.M Law College, Chitradurga from Kuvempu University We firmly believe and we are accomplished litigators help in rendering our dedication to providing outstanding client service.” View Full Profile
S  BARURI

S BARURI

Advocate
Exp
Visakhapatnam , Andhra Pradesh

Specialization

  • Arbitration and Mediation
  • Civil
  • Debt Collection
  • Documentation
  • Family
Advocate Satu Baruri M.B.A, LL.B Representing Uplands Legal, we are full service law firm, providing end to end services for our clients within legal domain under one roof, We do Civil & Criminal Pleadings, Bail Process and all types of Doc Reg Works from Visakhapatnam AP INDIA View Full Profile
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  • What is Arbitration law?
  • What is Mediation law?
  • How are Arbitration and Mediation different?
  • Can meditator become an arbitrator?
  • What are laws relating to it in India?

Traditional litigation requires a lot of time and procedural formality to be followed for coming into a conclusion. At times, the person who wins a case realises that he has actually won a pyrrhic victory. That’s why the concept of Alternate Dispute Resolution is gaining prominence. Arbitration and Mediation are two forms of Alternate Dispute Resolution.

Arbitration in India:


The governing law for Arbitration in India is the Arbitration & Conciliation Act 1996. It is heavily influenced by the UNCITRAL Arbitration Rules 1976 & the 1985 UNICITRAL Model Law on International Commercial Arbitration, provisions of the Indian Oath’s Act 1969 are also attracted.
There are certain features which distinguish arbitration from traditional litigation. Some of the features are-

  • Role of the Courts have been minimised, their role is to refer parties to arbitration in presence of an arbitration agreement and for providing interim reliefs, and for the appointment of an arbitrator
  • Section 11 of the Arbitration & Conciliation Act, 1996 deals with the appointment of arbitrators and in the case of S.B.P & Co. the Supreme Court held the function under Section 11 to be of a judicial nature.
  • ‘Arbitrators are masters of their own procedure’, they have the power of guiding their proceedings in the way they deem fit. Code of Civil Procedure, Evidence Act are not binding on the arbitration proceedings
  • Supreme Court in the case of ‘TDM Infrastructure (P) Ltd. v. UE Development India (P) Ltd’ observed that companies incorporated in India have to make Indian law as the principal law of the arbitration proceedings.
  • As per the case of Renu Sagar Power Co. Ltd v. General Electric Co., an award which is contrary to the public policy of India cannot be enforced in India and can be set aside.

Mediation in India:


  • Mediation if a type of ADR mechanism which is spoken of in Section 89 of the Code of Civil Procedure, 1908 as well.
  • Procedures for mediation are to be the ones that are prescribed by the Court
  • Confidentiality is upheld in Mediation proceedings
  • Mediator, unlike an arbitrator, does not have the powers of giving a binding decision on the parties involved in the dispute.
  • Mediation completes with an agreement between the concerned parties
  • Mediation refers to interactive procedure of apt negotiation techniques being involved with the aim of assisting the parties at concluding to the best solution for their dispute.

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