Domestic Violence: Legal Framework and Real-World Challenges

  • Rudransh Sharma
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  • Rudransh Sharma

    Assistant Professor at Motherhood University, Roorkee, India

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Abstract

Domestic violence is violence or offensive behavior that one party uses to dominate another person in any relationship. Domestic violence may be off any kind namely physical, sexual, emotional, or psychological. For example where one person uses any kind of force or violence in order to take unnecessary advantage over the other. It not only affects the victim of Domestic Violence but also affects family members, friends, co-workers, other witnesses, and the community at large. According to the National Family Health Survey (NFHS), 2019-2021, 29.3% of married Indian women between the ages of 18 and 49 have experienced domestic or sexual violence in India. That is only the number of cases reported by women; there are frequently many more that never make it to the police. According to NFHS data, 87% of married women are victims of marital violence. The National Commission for Women said that in 2020-21, it received 26,513 complaints from women, an increase of 25.09%, compared with the 20,309 complaints registered in 2019-20. The Indian legal system has formed Section 86 of the Bharatiya Nyaya Sanhita, Section 84 of Bharatiya Nyaya Sanhita states that For the purposes of section 85, cruelty means— (a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. Even though the law provides for the security of women, there is a significant loophole: a lack of awareness among the victims, most of whom do not know that they have the option to approach the law. In this paper, the researchers have tried to explore the issues and challenges of stopping domestic violence in India.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 70 - 79

DOI: https://doij.org/10.10000/IJLMH.119676

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