Domestic Violence in India: An Analytical Study

Authors

  • Dr. Shiv Pratap Singh Raghav Principal Mahatma gandhi Law College Affiliated to Jiwaji University Gwalior, Madhya Pradesh, India Pin: 474011 Email Address: kunwar.sps@gmail.com image/svg+xml

DOI:

https://doi.org/10.53724/lrd/v4n2.02

Keywords:

Domestic violence,, psychological harm,, genuine obstacle,, cruelty,, safeguard,, harasses etc.

Abstract

Domestic violence at home is a gender-based violence, intending on subordinating women. The global dimensions of domestic violence are of great concern, both in terms of their scope and extent. Section 498A of Indian Panel Code was introduced in the year 1983 to protect married women from being exposed to cruelty by the husband or his relatives. In the l980s the worm and movements in India foregrounded the issue of violence against women with a special emphasis on dowry related violence suffered by married women. Under the provisions of criminal law, while the perpetrator of domestic violence could be prosecuted and punished, women's need for shelter, maintenance, custody of children and compensation remained unaddressed. The issue of “domestic violence” must not necessarily remain domestic. The notion of domestic violence must be taken out from the “private sphere” and politicized.

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References

The Vienna convention: https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf

Bejing Declaration 1995: https://www.un.org/en/events/pastevents/pdfs/Beijing_Declaration_and_Platform_for_Action.pdf

Section 3 in The Protection of Women from Domestic Violence Act, 2005.

AIR 2010SC 3363

AIR 2005SC 3100

Section 3 of the PWDVA

Criminal Appeal No. 1277 of 2014.

JT 2005 (6) SC 266.

AIR 2012 SC 1515

Published

2019-03-30

How to Cite

Dr. Shiv Pratap Singh Raghav. (2019). Domestic Violence in India: An Analytical Study. Legal Research Development: An International Refereed E-Journal ISSN: 2456-3870, 4(II), 01–05. https://doi.org/10.53724/lrd/v4n2.02