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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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Consult Top IT Contracts Lawyers in India

radhika  parulkar

radhika parulkar

Advocate
Exp
Mumbai , Maharashtra

Specialization

  • IT Contracts
  • Civil
  • Family
  • Documentation
  • Will
An experienced lawyer with 7 years of experience in civil, family, criminal, consumer and ReRA matters. Also well versed in all kinds of documentations and agreements. Have served elite clients like bollywood celebrities. View Full Profile
Ajai  Mishra

Ajai Mishra

Senior Advocate
Exp
Allahabad , Uttar Pradesh

Specialization

  • IT Contracts
  • Civil
  • Insurance
  • Intellectual Property, Copyright, Patent, Trademark
  • Mail Fraud
Mr. Ajai misra is having a vast experience of 43 years he is a panel advocate of various government department and banks. View Full Profile
Md  Thajuddin

Md Thajuddin

Advocate
Exp
Hyderabad , Telangana

Specialization

  • IT Contracts
  • Civil
  • Criminal
  • Commercial
  • Customs, Excise
My self is good person and hardworking and kind hearted one View Full Profile
ABHIJEET  BRAHMADANDE

ABHIJEET BRAHMADANDE

LEGAL OFFICER
Exp
Mumbai City , Maharashtra

Specialization

  • IT Contracts
  • Cyber, Internet, Information Technology
  • Administrative Law
  • Commercial
  • Employment And Labour
EXPERT IN FAMILY LAW, PARTITION, DRAFTING & VARIOUS DEEDS, CYBER LAW, IPR, CYBER CRIMINAL LAW View Full Profile
Milind  Gautam

Milind Gautam

Advocate
Exp
Delhi , Delhi

Specialization

  • IT Contracts
  • Criminal
  • Corporate And Incorporation
  • Commercial
  • Contracts And Agreements
I am a lawyer with 13 years of experience in Criminal, Civil, corporate, N I Act, Matrimonial, Family and allied laws. I have been working regularly in all Delhi Courts for last 13 years. View Full Profile
Naasha  Anklesaria

Naasha Anklesaria

Associate
Exp
Ernakulam , Kerala

Specialization

  • IT Contracts
  • Financial Markets and Services
  • Administrative Law
  • Adoption
  • Advertising
Varied experience in filings before the District and High Court(s) as well as Corporate experience. Please refer to "Secondary Expertise" or contact me for clarifications. View Full Profile
Alankar  Narula

Alankar Narula

Advocate
Exp
Chandigarh , Chandigarh

Specialization

  • IT Contracts
  • Contracts and Agreements
  • Intellectual Property, Copyright, Patent, Trademar
  • Debt and Lending Agreement
  • Election Campaign and Political Laws
Practicing lawyer in the High Court of Punjab and Haryana, Chandigarh and various other Judicial and Quasi-Judicial Courts across the country. Having worked with Fortune 500 clients, I specialise in corporate documentation and litigation along with general civil and criminal litigation. View Full Profile
Aishwarya  Gaikwad

Aishwarya Gaikwad

Lawyer
Exp
Pune , Maharashtra

Specialization

  • IT Contracts
  • Contracts and Agreements
  • Will
  • Power of Attorney
  • Cheque Bounce
As a lawyer, I find passion in this field by knowing that I am in a unique position to help individuals, groups, organizations with their legal problems and further the public good. For me being a lawyer means being a problem-solver, analyst and an innovative thinker. View Full Profile
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • IT Contracts
  • Civil
  • Criminal
  • Cheque Bounce
  • Domestic Violence
Advocate Harish Kaushik has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired over 8 years of professional experience in providing legal consultancy and advisory services. View Full Profile
mallappa  nesaragi

mallappa nesaragi

individual
Exp
Belgaum , Karnataka

Specialization

  • IT Contracts
  • Administrative Law
  • Civil
  • Arbitration And Mediation
  • Commercial
Very simple sincerely appreciate in honestly dynamic in practice View Full Profile
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  • What is IT Contracts or E-Contracts?
  • What is the need for IT Contracts?
  • Examples of IT Contracts?
  • What is Electronic Commerce or E-Commerce?
  • How are IT contracts regularized?
  • How is IT Contracts legally recognized in India?

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About the IT Contracts


Electronic commerce has advanced and numerous issues are evacuated using web-based business which stream as a conventional data. Electronic commerce is a method for the transaction of business electronically and is related with the purchasing and offering of data, items and administrations over mechanized correspondence systems. However, it is a substantially more extensive term incorporating Electronic Data Interchange as well as different types of correspondences, for example, Electronic Mail and Electronic Bulletin Board.

E-Contracts


With the development and relentless development of e– commerce, there is a brisk height in the utilization of e-contracts. Yet, the idea of e-contract is as yet not unclouded, it faces parcel of difficulties. The law of contract in India gives a statutory acknowledgment to the basic contractual run the show. The Indian Contract Act, 1872 does not set out the rights and obligations which the law will authorize yet it manages the restricting standards, subject to which gatherings may make right and obligations for themselves.

Some of the most commonly recognised e-contracts are-

  • Shrink-wrap agreements – mostly observed in instances of software products buying. In such agreements, the opening of the software automatically enforces the terms & conditions on the software. These are accepted at the time of the installation.
  • Click-wrap agreements – these agreements refer to the web based agreements in which the consent is given by way of choosing ‘I Agree’ or ‘Ok’ and so on.
  • Browse-wrap agreements – refers to an agreement made with the intent of binding multiple parties, usually by way of acceptance for certain policies in cases of continuous use.

Regularizing and Legal Recognition of IT Contracts


In India, all the contracts are governed as per the Indian Contract Act 1872, as per which any contract in contravention to the principles mentioned in the Act are incorrect contracts. Section 4 of The Information Technology Act 2000, provided for legal recognition to electronic contracts and records formed thereby.

Electronic contracts are essentially contracts that are regulated by both the Information Technology Act 2000, and the Indian Contract Act 1872. As per the case of ‘Lalman Shukla v. Gauri Datt’, the terms of service, etc. must always be made visible and reasonably communicated to the user, therefore, a mere link to the concerned terms would not be sufficient. Section 85A of the Indian Evidence Act provides for the validity of electronic contracts. Section 10(A) of the Information Technology Act 2008 also provides for the validity of e-contracts, it states the following-

“Where in a contract formation, the communication of proposals, the acceptance of proposals, the revocation of proposals and acceptances, as the case may be, are expressed in electronic form or by means of an electronic record, such contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose.”

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