Domestic Violence and Women Rights


Posted On : September 3, 2020
Domestic Violence and Women Rights

Domestic violence in India means physical abuse of a person by another person who is a blood relative and usually in general connotation it means the physical abuse inflicted upon a female by her male relatives within the confinements of home.

The Section 3 of the Domestic Violence Act, 2005 defines it as follow;

For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it –

(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or

(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.


Lately it has been observed across the society that there has been a tremendous rise in the cases of domestic violence. You can ask any lawyer in Delhi, Bangalore, Mumbai, Kolkata and Chennai the biggest metros of India and you will get a similar answer that they have been receiving calls from clients suffering from domestic violence.

A good lawyer in Delhi working for legal aid or NGO or human rights will tell you about the pathetic conditions of women being tortured by their relatives especially the husbands. So, what are the ways for a woman to safeguard herself from such harassment and abuse and what are her legal rights?

While speaking to a Lawyer in Delhi, who has handled many such cases she pointed out that our laws are good enough to protect the women and grant her respite from the domestic violence. Sec 498A and 304B of the Indian Penal Code were already there and in the year 2005 a dedicated law, Domestic Violence Act was enacted.


Under the new law every district has been appointed with a Protection Officer who can take cognizance of such offences or complaints. The aggrieved woman can be put into a shelter house at the behest of the Protection Officer, if needed and can be provided with medical facilities as required. The Magistrate under this law can grant the following reliefs to the aggrieved woman;

Monetary Compensation from the respondent;

Order not to abuse or communicate or harm the woman;

Order the ensure the right to stay in the shared house; and

Grant temporary custody of child to the aggrieved woman

Apart from all the above reliefs the aggrieved woman can also seek any other relief under any other applicable laws in India like Maintenance, separation or divorce. Although the cases of Domestic violence are rising in India but at the same time our legal system and lawyers are well equipped to help and support the aggrieved women.

Written By:
Neha  Roy

Neha Roy


Recommended Free Legal Advices
question markproperty rights of women when she is in live in relationship 4 Response(s)
yes mam you can file complaint agaist them . you have right to property or maintenance from such person . file suit for maintenance under sectio 125 of crpc
question markDo mental torture instances mentioned in divorce petition automatically account for domestic violence or we have to file a separate case for domestic violence? 2 Response(s)
Dear Client if the family has already received the first notice or summon from the court then what was the need to send second notice. Anyways, if the case is already filed and notice is received then the court will pass the ex parte order. For domestic violence case you need to file case separately
question markComplaint 498(a) wrongly 2 Response(s)
It is necessary to know regarding the present status of the first marriage of that hospital staff as well as that Divorce matter. It is evident from your statement that at the time of second marriage,that hospital staff's first marriage subsists so the second marriage is null and void. Second husband is entitled to take steps as per Law and in such case that hospital staff who concealed the subsistence of her first marriage at the time of doing such second marriage, shall be punished with imprison­ment of either description for a term which may extend to ten years, and shall also be liable to fine. Please further take note that until and unless all the relevant facts as aforesaid be known, proper legal remedy cannot be suggested and for that it is also necessary to scrutinize the complaints which she has been filed against the second husband's family.
question markDV Act, 2010 J&K eligible whole of India 5 Response(s)
Dear sir /mam Jammu and Kashmir Protection of Women from Domestic Violence Act 2010. U can not file case any other states. If u not reside in Jammu Kashmir then you can file case where u reside currently
question markFalsely accused in Domestic violence 2 Response(s)
Dear Client, As per the facts which have been provided, in order to prove your innocence, you must collect evidence in order to justify false allegations against you. You need an alibi and provide your lawyer’s witnesses’ names so he or she has enough information to interview them, in case they can prove your innocence. you can also file a lawsuit against her. Hope this clarifies your query and requirement. Thank you.