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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 Juvenile Lawyers in India

Adv. Arvind kumar  singh

Adv. Arvind kumar singh

Ballia
Exp
Ballia , Uttar Pradesh

Specialization

  • Juvenile
  • Criminal
  • Banking
  • Cheque Bounce
  • Child Custody
I am Arvind kumar Singh( Advocate), Iam also Ex-Government Council (Ad.G.C.) and I am also Notary Magistrate. If any person have any queries regarding law then they contact me between 7:00A.M. to 10:30P.M. My What's app and Video Calling Number- 9450778922 View Full Profile
Praveen Kumar Nehara

Praveen Kumar Nehara

General Secretary
Exp
Bagpat , Uttar Pradesh

Specialization

  • Juvenile
  • Criminal
  • Civil
  • Cyber, Internet, Information Technology
Criminal or civil View Full Profile
Anand M  Jakasaniya

Anand M Jakasaniya

B.Com, LL.B.
Exp
Surendranagar , Gujarat

Specialization

  • Juvenile
  • Criminal
  • Human Rights
  • Police Laws
  • Power Of Attorney
Criminal law, Civil Law, Revenue Law View Full Profile
Barun  Ghosh

Barun Ghosh

Sr. Lawyer , Sr. P.P. In-Charge
Exp
Kolkata , West Bengal

Specialization

  • Juvenile
  • Adoption
  • Banking
  • Cheque Bounce
  • Child Custody
I am an individual lawyer with associates having background in finance law and accounts as Cost Accountant and dedicated to professional excellence, personal and high quality support and effective solution oriented advocacy with proper due diligence in litigated matters and also strategizing them. View Full Profile
NISHANT  PRATEEK

NISHANT PRATEEK

ADVOCATE
Exp
South Delhi , Delhi

Specialization

  • Juvenile
  • Civil
  • Contracts And Agreements
I have my speciality in all Civil Matters and Criminal matters. View Full Profile
MEENAKSHI  GOPALAKRISHNAN

MEENAKSHI GOPALAKRISHNAN

ADVOCATE
Exp
Raigad , Maharashtra

Specialization

  • Juvenile
  • Criminal
  • Animal Laws
  • Administrative Law
  • Bankruptcy And Debt
FREE, FRANK AND FEARLESS. View Full Profile
Sushil Kumar  Singh

Sushil Kumar Singh

Senior consultant
Exp
Aligarh , Uttar Pradesh

Specialization

  • Juvenile
  • Criminal
  • Family
  • RTI
I have 35 years experience and I am always focused on my work View Full Profile
Khushal  Gupta

Khushal Gupta

Advocacte
Exp
Kota , Rajasthan

Specialization

  • Juvenile
  • Criminal
  • Family
  • Motor Accident
  • RTI
I'm practicing since 2009 in district and session court kota Rajasthan. My interested field is metrominal and criminal cases.I'm retainer advocacte District legal services authority kota since 01.04.2015 to 31.03.2018 View Full Profile
Milind  Gautam

Milind Gautam

Advocate
Exp
Delhi , Delhi

Specialization

  • Juvenile
  • 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

  • Juvenile
  • 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
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  • What is Juvenile Laws?
  • What is the need for Juvenile Laws?
  • What is Foster Care?
  • How are Juvenile Laws regularized?
  • How is Juvenile Laws legally recognized in India?

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Juvenile Laws related queries and also guide you on how to resolve this matter with ease.

About the Juvenile Laws


Juvenile Laws primarily aim at providing a special, and sensitised approach to Juveniles who have been regarded as Country’s greatest asset. These laws have a progressive intent behind them and its primary act, the “Juvenile Justice (care and Protection of Children) Act was recently amended following the event of the heinous Delhi Gang Rape that happened in 2012’s December, the Nirbhaya Case.

One of the features of Juvenile Laws is that the mode of prosecution and prescribed punishments are different. In 2014 as per the sources of Indian Express, agents of the terrorist organisation ‘Lashkar-e-Toiba’ asked its agents to claim their age to be under 18 when caught as that would make their prosecution under ‘Juvenile Justice Act’(instead of the Indian Penal Code) the maximum punishment for which is 3 years.

Regularizing and Legal Recognition of Juvenile Laws


Juvenile Justice (Care and Protection of Children) Act, 2015: On 15th January, 2016 this Act came into force. It introduced the concept of ‘foster care’ in the country. Foster Care refers to the concept of foster parents nurturing children to benefit their growth and identity without maintaining control of a child’s assets or rights, the foster parents are also not under an obligation to make the foster child a legal heir to their property. The most prominent feature of this Act is enactment of a new ‘Judicial Waiver System’ which refers to the system of circumstantial treatment of minors as adults for the processes of criminal justice system.

Corporal punishment attracts a fine of Rs. 50,000 or imprisonment up to 3 years, a person providing alcohol/drugs to child can be punished with imprisonment for a period upto 7 years and/or fine of Rs. 1,00,000. These are some of the other provisions of this Act.

For the execution of the principle of ‘Judicial Waiver System’, provision for constituting a new Juvenile Justice Board has been made. This board would consist of psychologists, sociologists, etc. who would take the decision on whether a minor should be tried as an adult or not if his crime is of a heinous nature.

Parents now get a re-consideration period of three months instead of one month if they give up their child for adoption.

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