STATUS OF DOMESTIC VIOLENCE IN INDIA
Domestic Violence In India ! Domestic violence against women in India is a reality and . people are reluctant to do anything about it or even talk about it sometimes. It occurs in millions of households everyday and huge number of these incidents go unreported. Violence in the home effects everyone within the household, whether or not the family members are victim to abuse themselves and it extends well beyond the confines of home, affecting neighbour, family, friends, coworkers, and the community at large. So, to protect from domestic violence and dowry death government has implemented a law which is SECTION 498 A of IPC.
But I want to discuss one thing is that, 80% case filed under section 498 a of IPC is fake, women file case for money or to harass the husband and his family.
So, this article is for general view of Domestic Violence in India which is a topic to be discussed and the measures to be taken if someone is suffering from it.
So, This is KASHYAPI and welcome to my blog.
What 498 A of IPC talks about?
If husband or the person who belongs from her mother in law’s family put pressure, harass or beat for dowry, then women can ask for protection under section 498 A of IPC. She can file case under section 498a Of IPC which will protect her from anything wrong happening with her. Section 498a is also deal with cruelty and breach of trust. The offence committed under section 498 A is Non bailable Offence.
Advantage of codification of Law.
By codification, law becomes certain and uncertain as it generally is in precedent and custom.
Simplicity-The codification of Law makes law simple and accessible to everybody. By codification of law on any particular point is made accessible and known to everyone, so that the citizen come in a position to know their rights and duties well.
Logical Agreement:- By codification law is logically arranged in a coherent form nad there occurs no chance of conflicts arising among the different provision of law.
Stability:- The codification makes the law simple and stable. Stability is very essential for law so that the people may have confidence in it and the legal transaction may be made easily.
Planned Development:- Codification bring uniformity, which in turn helps in the planned development of the country.
Unity:– Codified Law have uniform and wider application. This helps in developing affinity and unity among the people, who are governed by the same laws.
How to file case for domestic violence in India under section 498 A?
How to report domestic violence in India?
If a women is facing cruelty or she is mentally or physically harassed by the Mother in Law’s House.
Before or after marriage if any type of dowry demand is raised by the husband or husband’s family.
THEN UNDER SECTION 498 A SHE CAN FILE CASE IN THE COURT OF LAW.
Where to file case for domestic violence Under section 498 A of IPC In India.
Except from crime against women cell she can call at 100 (police) or Mahila Sahayata Kendra (1091 ) can file complain against domestic violence 24x7.
OR she can file complain her nearby police station.
In Delhi each and every District has there own CRIME AGAINST WOMEN CELL, where you can also complain about domestic violence.
According to supreme court guideline she can also complain at CWC cell, National Legal cell, State Legal Cell and NGO.
After registration of complain CWC Cell will here the complain and ask the husband to present before the Mahila Ayoug Kendra or CWC cell.
If husband is not ready to present before CWC cell then CWC cell cannot force husband for summon.
If husband is ready to present before the CWC cell, CWC cell will try to do comprise between wife and husband but if there is no chance of compromise then the case will be filed against the husband and his family also.
Disadvantage of Codification
How to solve 498 A case or How to stop domestic violence in India
There are three steps to solve the 498 A case:-
- Counseling- National commission for women has appointed few people in the CWC. If wife want to stay with the husband and police feels that there is no threat to the wife from the husband part, then CWC will resolve the matter by conducting counseling.
- Mediation – In National and State legal Authority a Advocate is appointed for doing mediation. The work of the advocate is to call the both husband and wife in the mediation center and they will discuss about the problems and after hearing all the facts and figure the advocate will find solution and give them option to resolve the matter.
The section was enacted to combat the menace of dowry deaths. The main objective is to protect a woman who is being harassed by her husband or relatives of her husband. But with the rise in modernisation, education, financial security and the new found independence the radical feminist has made 498A a weapon in her hands. The police, civil society, politicians and even judges of High Courts and Supreme Court have offered these arguments of the ‘misuse’ of laws vehemently.
The objective of this section is to protect women but the investigation should be such that no false case is filed against the husband and his family. The abuse of this section is rapidly increasing and women who is well-educated know that this section is both cognizable and non-bailable and impromptu works on the complaint of the woman and placing the man behind the bars. The position of women in India is still bad and they still need rights to alleviate themselves in society but many a times fail to notice others’ rights as long as their rights are ensured.
LIST OF DOMESTIC VIOLENCE CASES IN INDIA:-
- Aruna Shanbaug case(1973)
- 1990 Bantala rape case
- Anjana Mishra rape case(1999)
- Imrana rape case(2005)
- Ayesha Miran rape case(2007)
- 2012 Delhi gang rape
- 2013 Kamduni gang rape and murder case
- Suzette Jordan(2013)
- 2014 Birbhum gang rape case
- 2015 Kandhamal gang rape case
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