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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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 Shuchei  Agarwal

Shuchei Agarwal

Advocate
Exp
Gautam Buddha Nagar , Uttar Pradesh

Specialization

  • Police Laws
  • Family
  • Domestic Violence
  • Advertising
  • Animal Laws
Total Answers Given : 11
Adv. Jamal Sait

Adv. Jamal Sait

Advocate
Exp
Bangalore , Karnataka

Specialization

  • Police Laws
  • Cheque Bounce
  • Civil
  • Criminal
  • Bankruptcy and Debt
I am an Advocate practicing primarily before Hon'ble High Court of Karnataka and courts sub-ordinate to it. My specialization is in both criminal, famil and civil law. I have independently argued various nature of cases ranging from Bail Petitions, Suit for Declaration and Injunction etc View Full Profile
Total Answers Given : 9
Rajdeep  Pradhan

Rajdeep Pradhan

Advocate
Exp
Cuttack , Orissa

Specialization

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  • Criminal
  • Landlord And Tenant
  • Trust And Society (NGO)
  • Torts
I assure you to provide proper, effective and the best advices. View Full Profile
Total Answers Given : 9
Sourav  Das

Sourav Das

advocate, supreme ccourt
Exp
New Delhi , Delhi

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Total Answers Given : 8
YAKUB ALI  MOHAMMED

YAKUB ALI MOHAMMED

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Hyderabad , Telangana

Specialization

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  • Civil
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Myself Yakub ali done B.com, LLB, LLM Student at ICSI practicing Advocate in Telangana major cities and almost all Courts. My Passion is to To Advice, To Solve, To Encourage, To Motivate, To Inspire Young Minds, And To Create Stress Less Life By Serving The People Globally. View Full Profile
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Chandrashekhar Vithal Jadhav

Chandrashekhar Vithal Jadhav

Advocate & Legal Advisor
Exp
Bangalore , Karnataka

Specialization

  • Police Laws
  • Civil
  • Property
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  • Animal Laws
Total Answers Given : 6
Ratandeep  Misra

Ratandeep Misra

lawyer
Exp
allahabad , Uttar Pradesh

Specialization

  • Police Laws
  • Financial Markets And Services
  • Landlord And Tenant
  • Maternity
  • Trust And Society (NGO)
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Mohit  Sharma

Mohit Sharma

Advocate
Exp
Una , Himachal Pradesh

Specialization

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Anupam  Gupta

Anupam Gupta

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Varanasi , Uttar Pradesh

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  • Power Of Attorney
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Abhimanyu  Kumar

Abhimanyu Kumar

Advocate
Exp
Dhanbad , Jharkhand

Specialization

  • Police Laws
  • Criminal
  • Landlord And Tenant
  • Mail Fraud
  • Power Of Attorney
I am an Advocate at Civil Court Dhanbad and I hold expertise in Civil & Criminal Cases, Motor Vehicle Accident Claim, Matrimonial Cases, Chaque Bounce Issues, Consumer Disputes & Cyber Crime Cases. View Full Profile
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  • What is Police Law?
  • What is Police Law?
  • Where to Complain?

We have a police force to provide citizens with a sense of safety and security. The police are there to maintain peace and order in society as well as prevent and detect crime. They are there as the law enforcers – to make sure that everyone, including the police force itself, follows the law at every step.

What Is Police Law?


Police Laws are the Laws dealing with regulation and code of Conduct of Law Enforcement Officials. Many of these Laws deal with Issues such as the use of excessive force by police Officers, Police Misconduct, giving suspects their Miranda rights, Corruption, Interrogation Practices and Police Brutality.

Why Police Law?


The Police Act of 1861 governs the police force. Laws like The Code of Criminal Procedure also regulate the functioning of Police.

The police for certain types of offences does not have the power to make arrests without a due warrant. As per the guidelines currently in effect, police cannot arrest a woman after sunset and before sunrise even in the presence of a woman constable. In cases where a woman has committed a serious crime, police need to get in writing from the magistrate the explanation as to why such an arrest made after sunset & before sunrise is necessary(arrest made under unavoidable circumstances are exempted). Also, Police cannot compel a woman to come to the police station for purposes of interrogation under Section 160 of the Criminal Procedure Code if the police has the option of carrying out the concerned interrogation at place of her residence, such interrogation should take place in the presence of a woman constable and a relative/ friend.

Why is Police Law Useful?


The Police Act basically talks about what the police can and cannot do; how the police forces will be organised; what ranks there will be; who will supervise the force; who will make appointments; what punishment and disciplinary actions the police will face for doing wrong. It also lays down rules for the public to follow.

A police officer is always on duty. The 1861 Police Act makes it clear that a police officer is "considered to be always on duty". But that does not mean that he is never allowed to rest. It just means that wherever he is, in or out of uniform, he must act to uphold the law. He cannot say "I am not on duty" if he witnesses a crime taking place or hears a call for help.

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