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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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Nagendra singh  Gautam

Nagendra singh Gautam

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Kanpur , Uttar Pradesh

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Adv. Arvind kumar singh

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Ballia , Uttar Pradesh

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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
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Mamta Gautam

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Kanshiram Nagar , Uttar Pradesh

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I am a professional layer with specifications in all kind of legal documents drafting like contract, lease deed, sell deed, trust deed, will, adoption deed, trust deed etc and also expert in Incorporation of firms, company, society, trust, and LLP etc View Full Profile
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Md Thajuddin

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Advocate Pradnya  Vaidya

Advocate Pradnya Vaidya

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Pune , Maharashtra

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Advocate Pradnya Vaidya has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired excellent professional experience in providing legal consultancy and advisory services. View Full Profile
Sushil Kumar  Singh

Sushil Kumar Singh

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Aligarh , Uttar Pradesh

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Khushal  Gupta

Khushal Gupta

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Kota , Rajasthan

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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
Naasha  Anklesaria

Naasha Anklesaria

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Ernakulam , Kerala

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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
Tulan  Paul

Tulan Paul

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Sibsagar , Assam

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I do practice at Gauhati High Court and also other subordinate courts and does deals with criminal, civil, matrimonial (divorce, maintenance etc ), property, contract, real estates, motor vehicle accident, registration of trademark, copyright, patent and other laws and cases as referred to. View Full Profile
Velli  Doss

Velli Doss

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Chennai , Tamil Nadu

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I am having more than 10 years experience in family cases and also civil and criminal case View Full Profile
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  • What is RTI?
  • What cannot be Sourced from RTI?
  • How to file RTI?
  • What can be the Reliefs on filing RTI?

What is RTI?


Right to Information or RTI is the provision which enables citizens to request information from a “public authority” (body of the Government or an instrumentality of the State). It mandates timely response to the request filed by citizen for a government information.

What information is exempt from the Right to Information Act?


As per Section 8 of the RTI Act, certain types of information are exempt from being provided under an RTI application. Some of the exemptions have been listed below:

  • Any information which would affect the sovereignty, integrity, and strategic interests of the Indian State are exempt.
  • Disclosure of any information which would constitute contempt of court, or which has been expressly barred from publication by any tribunal, or the disclosure of which would cause a breach of privilege of Parliament or State Legislature.
  • Information which is made available to a person in capacity of their fiduciary relationship with someone.
  • Information which is personal information the disclosure of which would not have any public interest would be exempt as it would cause an unwarranted breach of privacy.

What is the Governing Law of RTI?


The Right to Information Act, 2005.

Procedure for RTI filing-


Following is the summarised process for filing an RTI:

  • Identifying relevant department of the government would be giving the information, for example in RTI’s related to tax matters, the concerned authority would be Income Tax Department.
  • Writing the application as per the prescribed format However, following the format is not necessary and it can be submitted on a plain paper in Hindi/English or other language.
  • Payment of fees- An amount of Rs. 10 is charged on an RTI application, which is made in form of an Indian Postal Order which is to be attached in the application.
  • Send Application- After the completion of above steps, the RTI application can be sent via speed post/registered post. If a reply is not received within 30 days, then the central information commission can be approached.

Some Legal facts of RTI:


Following is the summarised process for filing an RTI:

  • As per Section 6(2) of the RTI Act, 2005 – the applicant making request for the information is not under the obligation to provide any reason for the requesting of his information.
  • Article 370 of the Indian Constitution keeps the state of Jammu & Kashmir outside the ambit of RTI. However, there is an act called ‘Jammu and Kashmir Right to Information Act of 2009’.
  • Exception to RTI – if an information, which is beyond the domain of a state government, is requested for to the State Information Commission, then they can revert back suggesting you to file an application to the Central Information Commission or the relevant Central Authority.
  • Subhash Chandra Agrawal v. Office of AG – Delhi High Court held that office of the Attorney General of India is a public authority under the Right to Information Act.
  • Jiju Lukose v. State of Kerala – Kerala High Court said that the police are obligated to provide a copy of the FIR on an RTI application unless a relevant authority under Section 8 of the RTI Act exempts from the copy being provided.

Reliefs provided under Right to Information Act:


If the applicant doesn’t receive a response to the application within the prescribed time period, then he may file an appeal under Section 19 of the RTI Act, the first appeal is addressed to the first appellate authority which is designated in each public department/authority.

RTI applicants can also directly approach the State Information Commission or the Central Information Commission if they do not get a response on their RTI application within the stipulated time period.

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