Indian Laws For The Protection of Women'S Rights Against Domestic Violence

INDIAN LAWS FOR THE PROTECTION OF WOMEN'S RIGHTS AGAINST
DOMESTIC VIOLENCE
BY
K. SIVA RAMA RAJU – 2015048
5 YEAR INTEGRATED B.A., LL.B (HONS.) COURSE
WOMEN AND LAW
UNDER THE SUPERVISION OF
DR. P. VARA LAKSHMI
DAMODARAMA SANJIVAYYA NATIONAL LAW UNIVERSITY, NYAYAPRASTHA,

SABBAVARAM, VISAKHAPATNAM – 531035, ANDHRA PRADESH, INDIA
DATE OF SUBMISSION
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CERTIFICATE
This is to certify that the dissertation entitled “Indian Laws For The Protection Of Women's
Rights Against Domestic Violence" for the Seminar Paper "Women and Law" to Damodaram
Sanjivayya National Law University, Visakhapatnam is a record of original work done by
"Mr. Ravinuthala Viswanath" under my supervision and guidance to my satisfaction.
VISAKHAPATNAM SIGNATURE OF THE
GUIDE
DATE:
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ACKNOWLEDGEMENT
Successful achievement of any task would be incomplete without mentioning the people who
have made it achievable. So it‟s with the thankfulness that I acknowledge the aid, which
crowned my hard work with accomplishment.
I owe my gratitude to Dr.P. Vara Laxmi., Faculty Women and Law, for her constant guidance
and support. I would also like to thank the various department officials and staff who not only
provided me with required opportunity but also extended their valuable time and I have no
words to express my gratefulness to them.
Last but not least I am very much indebted to my family and friends for their warm
encouragement and moral support in conducting this project work.
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LIST OF ABBREVIATIONS
S.NO. ABBREVIATION FULL FOM
1. AIR All India Reporter
2. CEDAW The Convention on the Elimination of all

Forms of Discrimination Against
Women
3. DVA Domestic Violence Prevention

Act,2005
4. ILO International Labour Organization
5. INSTRAW International Research and Training Institute

for the advancement of Women
6. MAD Madras
7. MWCD Ministry of Women and Child

Development
8. NPA National Plan of Action
9. RPL Religious Personal laws
10. SC Supreme Court
11. SC/ST Scheduled Caste/ Scheduled Tribes
12. TCSA Travancore Succession Act
13. U.N. United Nations
14. UCC Uniform Civil Code
15. WB West Bengal
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TABLE OF CONTENTS
1. Introduction 05
2. Constitution of India 08
3. Criminal Law Relating To Domestic Violence 12
• Where Culpable Homicide Amounts To Murder 12
• Dowry Death 15
• Abetment Of Suicide 17
• Female Foeticide, Or Forcing The Wife To Terminate Her Pregnancy 20
• Hurt 21
• Wrongful Restraint And Wrongful Confinement 23
• Marital Rape 23
• Missappropriation Of Property 24
• Cruelty By The Husband Or Relatives 24
• Marrying Again During The Life Of The Wife 27
4. The Code Of Criminal Procedure, 1973 29
5. The Statutory Laws Relating To Domestic Violence 30
• The Dowry Prohibition Act, 1961 31
• The Commission Of Sati Prevention Act, 1987 33
• Medical Termination Of Pregnancy (Mtp) Act, 1971 36
• The Pre-Natal Diagnostic Techniques (Regulation And Prevention Of
Misuse Act, 1994 37
6. Suggestions 40
7. Conclusion 41
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CHAPTER I - INTRODUCTION
“Bride tortured to death for dowry”, “Married woman harassed by in-laws”, “School going
girl succumbs to her injuries after beaten by father”, “A seventy year old woman killed over
property dispute”, “Harassment of women in Chandigarh…”
All these and what not, turn to any newspaper at random and you would find the reports of
such kind of violence all over the country. These are all what we come to know through
different forms of media. There are more such cases which go unreported every day. In fact,
include the cases which we our self indulge in, or the ones which we witness in the
neighbourhood but are hesitant in taking even a single step to reduce their occurrences.
In our society, domestic violence is bursting. It is present almost everywhere and nowhere is
this eruption more intense than right behind the doors of our homes. Behind closed doors of
homes all across our country, women are being tortured, beaten or killed. It is happening in
rural areas, towns, cities and in metropolitans as well. It is crossing all social classes, genders,
racial lines and age groups. It is becoming a legacy being passed on from one generation to
another.
The term used to describe this exploding problem of violence within our homes is Domestic
Violence. This violence is towards someone who we are in a relationship with, be it a wife,
daughter, sister, mother or grandmother. It can be parents, in-laws or any other atrocity
towards a woman. Anyone can be a victim. This violence has a tendency to explode in
various forms such as physical, sexual or emotional.
Since times immemorial, domestic violence has been an intrinsic part of the society we are
living in. The contributing factors could be the desire to gain control over another family
member, the desire to exploit someone for personal benefits, the flare to be in a commanding
position all the time showcasing one’s supremacy so on and so forth. On various occasions,
psychological problems and social influence also add to the vehemence.
Women are often in great danger in the place where they should be safest: within their
families. For many, ‘home’ is where they face a regime of terror and violence at the hands of
somebody close to them – somebody they should be able to trust. Those victimized suffer
physically and psychologically. They are unable to make their own decisions, voice their own
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opinions or protect themselves for fear of further repercussions. Their human rights are
denied and their lives are stolen from them by the ever-present threat of violence.
Domestic violence is a health, legal, economic, educational, and developmental and, above
all, a human rights issue. Much has been done to create awareness and demonstrate that
change is not only necessary, it is also possible.
"Violence against women is a manifestation of historically unequal power relations between

men and women, which have led to domination over and discrimination against women by
men and to the prevention of the full advancement of women, and that violence against
women is one of the crucial social mechanisms by which women are forced into a
subordinate position compared with men.”1
Violence against women is present in every country, cutting across boundaries of culture,
class, education, income, ethnicity and age. Since time immemorial India is · particularly a
male dominated society and prevalence of illiteracy among women has resulted in wide
spread violence against women. Therefore, Indian women like women world over have
suffered from domestic violence like purdah system, satipratha, Female feoticide, Female
infanticide, different kinds of physical, emotional and mental abuse, dowry death, cruelty,
polygamy etc. In India, family is considered to be a sacred institution and it acts as a source
of furtherance of mental, social and spiritual well being of its members. Family creates bonds
and a sense of belonging and stability of relation among its members which is now
weakening because today domestic violence has been identified as a major cause of injuries
to women in India. It is a heinous crime for a society that is operating in a severe form of
oppression against women and which has been increasing with alarming proportion. Today
with growing urbanisation and increasing stress and strains in daily life, domestic violence
against women has been increasingly recognised as an important social and health problem in
India. It is one of the greatest obstacles to (1) gender equality and (2) women's fundamental
rights to equal protection of the laws and (3) right to life and liberty.
The majority of persons aggrieved by domestic violence are women and domestic violence
ranges from dowry abuse leading to death, verbal assault, marital rape etc. Many victims of
domestic violence in India are unable to leave this abusive situations due to psychological
and socio-economic factors and continue to be victims of such violence, putting their lives
1
"The United Nations Declaration on the Elimination of Violence against Women" - General
Assembly Resolution 48/104 of 20 December, !993
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and health in jeopardy. Still domestic violence is an issue that can be sorted out within the
four walls of the house and some amount of violence is considered as a part of normal w.ear
and tear of marital life.
In 21st century Indian women are increasingly being educated and joining more and more
working lives but still they are subjected to different kinds of domestic violences like wife
beating, b1ide burning, mental and physical abuse, cruelty by husband and inlaws, marital
rape, dowrydeath etc. All these are widespread in our society and women are facing unequal
treatments in every field of their social lives.
In this context, it is also stated that after Independence of India the framers of the constitution
of India were conscious about the discrimination and unequal treatment on women in every
field of their lives and violence against women including domestic violence. Consequently,
they included certain general as well as specific provisions in the constitution of India under
Part III as "Fundamental Rights" and Part IV as "Directive Principles of State Policy" for the
uplift of the status of women and also to eradicate the violence against women from the
society.
AIM OF THE STUDY
The aim of the study is to understand various laws that govern the laws related to rights of
women and laws which deal with domestic violence of women in India.
SCOPE OF THE STUDY
The scope of the study is limited. It is limited to laws related to the issues faced by women in
India.
RESEARCH METHODOLOGY
The method of Doctrinal Study has been followed. This is a pure theoretical research. The
study is based on various published sources, books, articles, journals and online resources
like e-books, online magazines and databases.
RESEARCH QUESTION
Whether there are enough existing laws that deal with the issue of domestic remedies in the
country and if there are remedies sufficient?
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TREATMENT OF THE SUBJECT
the paper first deals with the rights given to the women by the Indian Constitution. then it
proceeds to discuss about the criminal law provisions in which it talks about provisions in
IPC etc. then it proceeds to discuss the civil side of the same issue.
CHAPTER II - INDIAN CONSTITUTION
The Articles under Part III of the constitution of India relating to the Fundamental rights
which try to uplift the status of women and provide equal opportunities for women
irrespective of sex are stated below :-
1) According to Article 14 of the Constitution of India All persons including women are
equal in the eyes of the law and they are also entitled to enjoy equal protection of laws within
the territorial jurisdiction of India It signifies that all persons irrespective of sex should be
treated equally in similar circumstances. In other words, the State should not make any
discrimination between one person and another, and amongst equals the law should be
administered equally.
2) Article 15 of the Constitution of India deals with prohibition against discrimination. It

prohibits the state to make any discrimination against any citizen including women on
grounds of race, caste, sex, religion, place of birth etc. It states that all citizens irrespective of
race, caste, sex etc. are entitled to enjoy equal rights in regard to access to shops, hotels,
bathing ghats etc. But the state has the right to make any special provisions for women and
children and also for the scheduled castes and the scheduled tribes.
3) According to Article 16 of the Constitution of India - All citizens including women will
enjoy equality of opportunity in matters of public employment irrespective of their sex, races,
castes, religions etc. But there are certain exceptions i.e.-
 Parliament may prescribe by law that residence within the state is required for a
pruticular employment. ·
 The State is empowered to reserve certain posts for backward classes and also for the
scheduled castes and the scheduled tribes.
 Appointment in connection with a religious organisation may be reserved for persons
belonging to that religion
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4) As per Article 17 of the Constitution of India- System of untouchability is abolished and
Untouchability (offence) Act of 1955 was enacted by the parliament. This Act was amended
by Untouchability (offence) Amendment Act 1976 in order to make the law more stringent to
remove untouchability from the society.
5) According to Article 19 of the Constitution of India every citizen including women

have the right –
a) to freedom of speech and expression

b) to assemble peacefully and without arms
c) to form Unions or associations
d) to move freely throughout the territory of India
e) to reside or settle down in any part of the country.
f) to practise any profession or to carry on any lawful trade or business
But these freedom of rights can never be absolute. A democratic State like India cannot grant
absolute freedom to her citizens including women. These are reasonably restricted on the
ground of security, integrity and sovereignty of India, friendly relations with foreign states,
public order, decency or morality, contempt of court etc. by the authority of the state in the
interest of the community. Hence, it has been said that Article 19 does try to reconcile
individual freedom with the welfare of the people.
6) As per Article 21 of the Constitution of India –
No person shall be deprived of life or personal liberty except according to procedure

established by law. This "right to life" includes right to live with dignity, right to privacy etc.
As for example - Medical examination of a woman for testing her virginity amounts to
violation of her right to privacy and personal liberty enshrined under Article 21 of the
Constitution. Therefore, no one can claim medical examination of a woman for testing her
virginity2
Domestic violence against women is also derogatory to Article 21 of the Indian Constitution
because it undermine the self respect and dignity of the victim woman.
2
Surjit Sing Thind v. Kanwaljit Kaur AIR 2003 P&H, 353.
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7) To spread Women education compulsory in India - According to Article 21A of the
Constitution of India -The State shall provide free and compulsory education to all children
of the age between six to fourteen years in such manners as the state may determine by law.
8) To provide facility to the Women accused - As per Article 20 of the Constitution of

India - No person including women shall be convicted of any offence except for violation of a
law inforce and no person shall be prosecuted and punished for the same offence more than
once and no person accused of any offence shall be compelled to be a witness against himself
or herself.
9) As per Article 22 of the Constitution of India- No person who is arrested shall be

detained in custody without informing the ground for such arrest and he/she should be
produced before the nearest magistrate within a period of 24 hours of such arrest.
10) To prevent immoral traffic in Women and Girlchild Article 23 of the Constitution of
India - prohibits the traffic in human-being and forced labour. In pursuance of this Article,
Parliament has passed the Suppression of Immoral Traffic in women and Girls Act, 1956
which is now renamed as "The immoral Traffic (Prevention) Act 1956" for punishing the
actions which result in traffic in human beings.
11) To prohibit child labour specially girl child as per Article 24 of the Constitution of
India- Employment of children below the age of fourteen years in factory or mine or engaged
in any other hazardous employment is prohibited.
12) Under Article 25 of the Constitution of India - All persons including women are
equally entitled to freedom of conscience and the right freely to profess, practice, and
propagate religion,
The Articles under Part-IV of the Constitution of India relating to the Directive Principles of
State Policy which are explicitly intended to improve the status of women and their
protection are stated below :-
1) According to Article 39 of the Constitution of India, the State shall direct its policy
towards securing - (a) that the citizen, ·men and women shall equally have the right to an
adequate means of livelihood, and (b) that there is equal pay for equal work for both men and
women.
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2) As per Article 39-A of the Constitution of India - The State shall provide free legal aid by
suitable legislation or scheme or in any other way to ensure that opportunities for securing
justice are not denied to any citizen by reason of economic or other disabilities.
3) Article 42 of the Constitution of India states that, the State shall make provision ·for
securing just and human conditions of work and for maternity relief.
4) Under Article 45 of the Constitution of India - the State shall endeavour to provide within
a period of ten years from the commencement of this constitution for free and compulsory
education for all children until they complete the age of fourteen years. Thus, All women are
free to choose any form of education and training in order to secure a career of their choice.
5) Article 51A of the Constitution of India - imposes certain fundamental duties on every
citizen of India in which Article 51 A( e) is related to women. As per Article 51 A( e) of the
constitution of India, it shall be the duty of every citizen of India to renounce practices
derogatory to the dignity of women.
6) Reservation of seats for women in panchayats and Municipalities have been provided in
Article 243D and Article 243T of the constitution of India.
7) Article 325 and Article 326 introduce adult franchise without distinction of sex. Today
mainly four kinds of laws are dealing with domestic violence offences. They are
 Criminal Laws relating to Domestic Violence

 Statutory Laws relating to Domestic Violence
 Civil laws relating to Domestic violence
 Remedies available under law of Torts.
CRIMINAL LAW RELATING TO DOMESTIC VIOLENCE
The incidents ofdomestic violence against women have been increasing over the years.
Women are subjected to violences like cruelty by husband and his relatives, · dowrydeath,
grievous hurt, murder, marital rape by husband etc. There aie some crirllinallaws in India
dealing with domestic violence cases which are stated below : -
INDIAN PENAL CODE, 1860
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The criminal law in India is contained primarily in the Indian penal code, 1860 (I.P.C). The
I.P,C is supplemented by special laws, which define and punish specific offences. There are
some sections in Indian penal code, 1860 which deals with different domestic violence
i) WHERE CULPABLE HOMICIDE AMOUNTS TO MURDER:.
In India often women are murdered by their husbands and in-laws for flimsy reasons. In this
context it is stated that under section 209 of the I.P.C, "culpable homicide" is defined as
causing death by doing an act –
a) With the intention of causing death.

b) with the intention of causing such bodily injury as is likely to cause death.
c) With the knowledge that it is likely to cause death.
In the case of domestiC violence, Culpable homicide amounts to murder, unless it is

committed without premeditation in a sudden fight or in the heat of passion upon a sudden
quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual
manner3
Therefore, culpable homicide is murder, if any act of the husband by which the death of a
victim woman is caused is done with the intention of causing death, or, if it is done with the
intention of causing such bodily injury as the husband of the victim woman knows that it
might cause death of his wife. As for example - If any husband shoots his wife with the
intention of killing her and the woman dies in consequence. Then the husband of that woman
commits murder.
Now it is mentioned that where there is an intention to kill, the offence is always murder.
Whether the offence is culpable homicide or murder depends upon the degree of risk to
human life. If death is a likely result, it is culpable homicide. If it is the most probable result,
it is murder. As for Example - In one case, the accused had knocked down his wife, then put
one knee on her chest and dealt with two or three violent blows on the face with closed fist
which produced huge blood clots in the brain, and she died after that either on the spot or
shortly thereafter, there being no intention to cause death, and the bodily injury was not
sufficient to cause death in the ordinary course of nature. It was held that the offence
committed was culpable homicide not amounting to murder.
3
Section 300 I.P. C
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Whenever the comt is confronted with the question whether the offence is murder, or
culpable homicide not amounting to murder on the facts of a case, it will be convenient for
the court to approach the problem in three stages. The question to be considered at the first
stage would be, whether the accused has done an act by doing which he has caused the death
of another. Proof of such casual connection between the act of the accused and the death
leads to the·second stage of consideration, whether that act of the accused amount to culpable
homicide as defined in sec. 299. If the answer to this question is prima facie found in the
affirmative, the stage for considering the operation of sec 300, Indian penal code is reached.
This is the stage at which court should determine whether the facts proved by the prosecution
bring the case within the ambit of any of the four classes of the definition of murder
contained in Sec 300. If the answer to this question is in the negative, the offence would be
culpable homicide not amounting to murder & if this question is answered in the affirmative,
but the case came within any of the exceptions enumerated in sec 300, the . offence would
still be culpable homicide not amounting to murder. Therefore, a man's intention must, as a
general rule be gathered only from his· acts and in deciding the question of intention, the
court has to consider (1) the nature of the weapon used, (2) the part of the body where the
blow was given, (3) the force used in giving the blows from which an inference can be
drawn4
So, where each of the injuries suffered by the deceased wife was caused by the blows
intended to kill the deceased, the accused husband was held guilty of murder. In domestic
violence cases the law is well settled that the chain of circumstances must be complete and
must clearly point to the guilt of the accused5.
Circumstantial Evidence - To prove guilt of an accused person (husband) by circumstantial

evidence :-
a) the circumstances should be fully proved.

b) the Circumstances should be conclusive in nature.
c) all the facts established should be consistent only with the hypothesis of guilt.
d) the circumstances should, to a moral certainty, exclude the possibility of guilt of any
other person, other than the accused.6
4
AIR 1979 SC 1504
5
Ramesh V. state 1985. Cr L J 530 (SC)
6
Kundula BaJa V. State 1993 Cr L J 1635 (SC)
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In a bride buming case there were hardly any shouts or cries. Accused were watching the
incident through window without any hue and cry or without any serious attempt to save the
deceased. Held on facts and circumstances that it was not a case of suicidal bums but the
deceased was put in a condition where she could not cry and yet got burnt by a third party.7
In another case of dowrydeath, the deceased wife was led to death by aphyxia and thereafter
the body was bumt by soaking kerosine in the presence of the mother-in-law. Circumstances
indicated that more than one had participated in committing the murder and other person, as
the circumstances disclosed, was the husband of the deceased.
Today these type of bride burning cases are alarmingly on the increase. The Court has to take
a pragmatic view of such cases on the evidence produced. The court relied upon the dying
declaration of the deceased wife that the grandmother..: in- law caught hold of her and her
mother-in-law poured kerosene oil on her sari and lighted a match stick on her. body and held
the case to be one of murder even though, before the sub-inspector of police and before the
doctor at the time of her treatment she told otherwise.8
Thus the dying declaration was c:orroborated by medical evidence. Held that this was a case
of murder. In another case. where a newly married and highly educated wife died from
burning during midnight in dark kitchen, the husband was licentious in character and his
conduct was found unnatural on knowing about the burning of his wife and he absconded for
about a month - The Court held it was a case of murder and not of suicide.9
The husband was accused of murdering his wife by burning. Incident took place about 10
months after the marriage. The accused took the plea that death was accidental owing to
bursting of kerosene .stove and there was dying declaration of the wife against the husband.
Accused was held guilty of murder.10
Finally it is stated that whoever commits murder shall be punished with death or
imprisonment for life, and shall also be liable to fine.11
Where there is doubt as to the guilt of the accused he must be acquitted and not given the
lesser penalty of imprisonment for life. A provision conferring power on to the courts to
7
Prabhudycil V. State 1993 Cr L J 2239 (SC)
8
lnder Kaur V. State 1986 Cr L J, 743
9
Subedar Tewari V. State AIR 1989 Sc 733.
10
Surindar kumar V. State AIR 1987 SC 692
11
Section 302 I. P. C
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exercise discretion in the matter of imposing sentence cannot be said to be violative of Art 14
of the constitution.
ii) DOWRY DEATH:
Where the death of a woman is caused by any bums or bodily injury or occurs otherewise
than under normal circumstances within seven years of her marriage, and if it is established
that the wife had been subjected to cruelty by her husband or his relatives, for the demand of
dowry, the death is termed a dowry death.12
The husband or relative who subjects the wife to cruelty presumed to have caused the dowry
death and will have to prove that the death was not a result of the cruelty. It is the most
common type of domestic violence. As the earlier law was not sufficient to check dowry
deaths, the legislature introduced stringent provisions viz, Sec 304B of I.P.C and Section 113,
Indian Evidence Act, in 1986.
Section 113B of the Indian Evidence Act 1872 read as under :- ·113B Presumption as to
dowry death - When the question is whether a person has committed the dowry death of a
woman and it is shown that soon before her death such woman had been subjected by such
person to cruelty or harassment in connection with, any demand for dowry, the court shall
presume that such person had caused the dowry death.
These two provisions were introduced in criminal law so that the person committing such
inhuman crimes on married woman could not escape liabilty, as evidence of a direct nature is
not readily available.13
The primary requirements for finding the accused guilty of an offence under section 304B,
IPC are that the death of the deceased was caused by circumstances, within seven years of her
marriage and that soon before her death, she was subjected to cruelty or harassment by the
accused for or in connection with a demand for money. 14 Unless there is evidence of dowry
demand, S. 304B connot be attracted.15
Punishment-Whoever commits dowry death shall be punished with imprisonment for a term
which shall not be less than seven years but which may extend to imprisonment for life.
12
Section 304B I.P.C- Here "dowry" shall have the same meaning as in section 2 of the
Dowry Prohibition Act, 1961.
13
State of Punjab V. Iqbal Sing (1991) JSCCJ
14
Sham Lal V. State of Haryana (1997) 9SCC 759.
15
PyareLal V. State of Haryima (1997) JJSCC 552.
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Primary Requirement - The primary requirments for finding the accused guilty of the offence
Under Sec 3048, IPC are that the death of the deceased was caused by burns within seven
years of her· marriage and that "soon before her death" she was subjected to cruelty or
harassment by the accused for or in connection with demand of dowry.
In this Act "dowry" means any property or valuable security given or agreed to be given
either directly of indirectly- (a) by one party to marriage to the another party to the marriage;
or (b) by the parents of either party to a marriage or by any other person to either party to the
marriage or to any other person; at or before any time after the marriage in connection with
the marriage of the said parties, but doesnot include dower or mahr in case of person to whom
the Muslim Personal Law (shariat) applies.
The dowry deaths occur within the four walls of the house, therefore the concept of deemed
"dowry death" was introduced by the 1983 amendment. In order to invoke the legal
presumption under section U 3B of Evidence Act, it is necessary to prove that the deceased
was subjected to cruelty or harsssment. Further, the presumption also apply if the offence
takes place within seven years of marriage. The sections 113B & 304B read in conjunction
shift the burden of proof from the prosecution to the husband or his relatives, accused of the
offence. This is a departure from the normal rule of evidence and was introduced to
strengthen the hands of the prosecution. The provision of section 113B is mandatory in
nature.
In one case the court opined that Section 113B could be applied retrospectively as it is·
procedural in nature.16 There has to be proximity between the incident of cruelty or
harassment and the offence for the presumption of section 113B to apply.17
Generally, there can be no direct evidence available for the offence of dowry death, therefore
the court must rely upon circumstantial evidence and infer from the material available. As for
example - The court in one case held that the conduct of the husband in not trying to put out
the flames and not taking her to hospital, will be taken as circumstance against the husband 18
It is also necessary to establish that cruelty or harassment meted out to the woman was on
account of the failure on her part to meet the dowry demands. Along with circumstantial
evidence, the courts also rely upon the dying declaration of the deceased. The statement of
16
State of Punjab v. Iqbal Singh (1991) 3 SCC1 & Bhoom Singh's case 1992 CrU 3472 - the
constitutionality of sec 113B was upheld.
17
Sam.ir Samara v. state of West Bengal 1991 (2) crimes 86
18
CV gobindappa v. state of Karnataka ( 1998) 2SCC 763
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the deceased regarding circumstances of the transaction, which resulted in her death, would
be relevant under Sec. 32(1) Evidence Act.19
The motive for murder may or may not exist but in dowry death, it is inherent. The
court only have to examine as to who translated it into action, as motive for dowry death is
not of the individual but that of the family20
So, the offence under section 304B can be tried by the sessions court, and it is a
cognisable offence, where the complaint reveals a case of continuing offence of maltreatment
and humiliation in various forms. Then section 178 (c) of the criminal procedure code
applies.20 Where in domestic violence cases the charge is only under one · section but the
ingredients of another offence are fulfilled, the court in exercise of its inherent powers under
Art 142 of the constitution can give appropriate orders in the interest of justice.
iii} ABETMENT OF SUICIDE :
Often victims of domestic violence, especially brides being harassed for dowry, are driven to
commit suicide.
If any bride commits suicide, whoever abets the commission of such ·suicide, shall be
punished with imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.21
When there is no direct evidence in regard to actual abetment by any of the accused
and when circumstances revealed that the victim (wife) wrote a love letter to the accused
husband, the charge under sec. 306 I.P.C cannot be held to have been proved. Suspicion,
however strong, cannot take the place of proof.22 Following a remark by the husband
(appellant) during a quarrel that the deceased (wife) should go and die, the deceased went
back home and committed suicide. It was held that the suicide was not the direct result of the
words uttered by the appellant.23
·Suicide or accidental death by fire :- In a case the point arose whether the deceased
wife who sustained 80% burn injuries on her body, commited suicide or died by accidental
fire caused by bursting of a stove? Medical evidence ruled out the possibility of accidental
19
Sujata Mukherjee v. Prashant kumar Mukherjee (1997) 5 SCC 30.
20
Asoke Kumar v. State of Rajasthan (1991) 1 sec 166.
21
Section 306 of I.P.C
22
Chanchal Kumar v. State 1986 AIR 1986 SC 752.
23
Prahlad Das v. State 1995 Supp. 3 sec 438.
18 | P a g e
fire in view of the burns. The circumstantial evidence emerging from the conduct of the
deceased after sustaining burn injuries and correspondence of the deceased revealing a tell-
tele story of continuous ill-treatment at the hands of the motherin- law, established a case of
abetment of suicide. Accused husband constantly pestering the deceased wife for bringing
him a sum of Rs 10,000/-. Being in utter despair, the deceased, on the fatefulday, gaveout that
she preferred death to life. The accused reacted by saying that she could provide him quicker
relief by dying on the very same day. Following this the deceased set fire to herself. Held, in
the circumstances, that the accused had instigated the deceased to commit suicide and, as
such, was guilty under sec. 30624 In another case, where the husband has been responsible for
creating circumstances provoking or forcing the wife thereby into taking the only alternative
left open to her, namely, suicide, it was held that his conviction under sec 306, I.P.C was just
and proper.25
Burden of Proof : The law has undergone radical changes due to insertion of sec 113A
ofthe Indian Evidence Act 1872. Under the said section, if a bride commits suicide within
seven years of her marriage, and if there is evidence of ill-treatment by the husband or other
members of the in-law's family, led by the prosecution, the burden shifts onto the accused
husband or such other members figuring as accused to.prove that there was· no abetment.
In one case- suicide by a newly married wife-Husband and father-in-law charged for
abetting commission of suicide by wife-there was no suicide note left by the deceased-no
clear evidence whether she set herself on fire or her clothes accidently caught fire-no
deliberate delay on the part of the husband and father-in-law in taking the victim to hospital-
accused could not be held guilty under sec 306. The Supreme court observed that from
reading section 306 and 107 of IPC26 together it is clear that if any person instigates any other
person to commit suicide and as a result of such instigation the other person (wife) commits
suicide the person causing the instigation is liable to be punished under sec. 306 for abetting
the comission of suicide. A plain reading of this provision shows that before a person can be
convicted under sec 306 I.P.C, it must be established that such other person. committed
suicide.27
24
Brijlal v. Prem Chand AIR 1989 Sc 1661.
25
State v. Iqbal Singh AIR 1991 Sc 1532
26
Section 107 of /PC-"Abetment of a thing"
27
Wazir Chand V. State AIR1989.SC 378.
19 | P a g e
Section 113A of Indian Evidence Act 1872- In such cases, section 113A of the Indian
Evidence Act must be attracted for the conclusion.28 When the question is whether the
commission of suicide by a woman had been abetted by her husband or any relative of her
husband and it is shown that she had committed suicide within a period of seven years from
the date of her marriage and that her husband or such relative of her husband had subjected
her to cruelty, the Court may presume having regard to all the other circumstances of the
case, that such suicide had been abetted by her husband or by such relative of her husband.
·In another case wife committed suicide within 11 I 2 years of marriage. Although
there was no proof of demand of dowry by the husband, the materials on record revealed that
the deceased wife was in a state of intense mental agony because of torture by her husband,
who had illicit relationship with another woman. In that circumstance, the husband could be
said to have treated her with persistent cruelty. Presumption under section 113A gets
attracted.29
When the wife jumped into a well within 5 years of marriage, no presumption under
sec. 113A was drawn as there was no evidence of harassment by the husband or in-laws of
the deceased.30
iv) FEMALE FOETICIDE, OR FORCING THE WIFE TO TERMINATE HER

PREGNANCY
Female foeticide, or forcing the wife to terminate her pregnancy are also other forms of
domestic violence recognised as offence under the Indian Penal Code. Section 313 to 316 of
Indian Penal Code are dealing with this offence.
Causing miscarriage without woman's consent- According to section 313 of I.P.C whoever
commits the offence of female feoticide without the consent of the woman, whether the
woman is quick with child or not, shall be punished with imprisonment for life, or with
imprisonment of either description for a term which may extend to ten years, and shall also
be liable to fine.
Death caused by act done with intent to cause miscarriage- According to section 314 ofi.P.C,
whoever with the intention to cause the miscarriage of a woman with child, does any act
28
Presumption as to abetment of suicide by a married women-Sec. 11 JA of Indian Evidence
Act-1872.
29
Anup Kumar v. State 1999 CRU 2938
30
Dhbilal v. State 1998 CRU 4108
20 | P a g e
which causes the death of such woman, shall be punished with imprisonment of either
description. for a term which may extend to ten years, and shall also be liable to fine and if
the act is done without the consent of the woman, shall be punished either with imprisonment
for life, or with the punishment mentioned above. It is not essential to this offence that the
offender should know that the act is likely to cause death .
In this context it is also mentioned that after the enactment of the Medical Termination .of
Pregnancy Act 1971, the provision of Indian Penal Code relating to miscarriage have been
subservient to it because of the non-obstante clause in section 3 of the Act which permits
abmtion/miscarriage by a registered practitioner under certain circumstances, viz, health,
humanitarian, eugenic etc.
Act done with intent to prevent child being born alive or to cause it to die after birth
-According Sec 315 of IPC If the husband before the birth of any child does any act with the
intention of thereby preventing that child form being born alive, or causing it to die after its
birth, and does by such act prevent that child form being born alive, or causes it to die after
its birth shail, if such act be not caused in good faith for the purpose of saving the life of the
mother (wife of the person) be punished with imprisonment of either dsecription for a term
which may extend to ten years, or with fine, or with both.
Causing death of quick unborn child by act amounting to culpable homicide -According to
section 316 of I.P.C, Whoever does any act under such circumstances, that if he thereby
causes death he would be guilty of culpable homicide, and does by such act cause the death
of a quick unborn child, shall be punished with imprisonment of either description for a term
which may extend to ten years, and he shall also be liable to fine.
If the husband knowing that he is likely to cause the death of his pregnant wife, does an act
i.e. kick in her stomach and if it caused the death of the wife, the offence of the husband
would amount to culpable homicide. But if the wife is injured, but doesnot die, but the death
of an unborn quick child with which she is pregnant is thereby caused, the husband is guilty
of the offence defined in this section.
V) HURT
Causing bodily hurt is a common form of domestic violence. The Indian Penal Code defines
hurt as causing "bodily pain, disease or infirmity to any person".31
31
Sectiion 319 of l.P.C
21 | P a g e
The definition of "hurt" contemplates causing of pain by a person to another. So, dragging a
wife out of the house was held to be an offence. The causing of pain being sufficient to
constitute hurt, it is not necessary that there should be visible injury caused on the person of
the victim. Nor itis necessary that injury should be received by physical contact. Causing of
pain by any voluntary act is sufficient to constitute hurt.
Grievous Hurt
Any hurt may be "grievous" if it results in serious injury such as –

1. Permanent privation of the sight of either eye.
2. Permanent privaion of the hearing of either ear
3. Privation of any member or joint
4. Destruction or permanent impairing of the powers of any member or joint
5. Permanent disfiguration of the head or face
6. Fracture or dislocation of a bone or tooth.
7. Any hurt which endangers life or which causes the sufferer to be during the space of
twenty days in severe bodily pain or unable to follow her ordinary pursuit. 32 Wife
beating is one kind of grievous hurt and very common form of domestic violence.
When a husband hits on the head of his wife with an axe which penetrates half an inch into
her head it is an instance of injury which endangers human life. In another case an injury by a
cutting instrument like sickle, on the abdomen of the wife endangering her life amounts to
grievous hurt within the meaning of the section.
In this context it must be mentioned that according to Indian penal code "Voluntarily causing
hurt"33 and "Voluntarily causing grievous hurt"34 are also established as domestic violence
and the Indian penal code also criminalised "Voluntarily causing grievous hurt by dangerous
weapons or means"35 and "Voluntarily causing hurt to extort property"36 as another two types
of domestic violence.
Voluntarily Causing Hurt
32
Section 320 of l.P.C
33
321 of Indian penalcode
34
35
36
22 | P a g e
When the accused husband does any act with the intention of thereby causing hurt to his wife,
or with the knowledge that he is likely thereby to cause hurt to his wife, and does thereby
cause hurt to his wife is said to commit the offence under section 321 of I.P.C i.e voluntarily
to cause hurt.
But if the hurt which he intends to cause or knows himself to be likely to cause is grievons
hurt, then it is said "Voluntarily caused grievons hurt" under section 322 of I.P.C. As for
exemple- if any husband intending or knowing himself that the injury would likely to
disfigure his wife's face permanently, and would cause his wife suffer severe bodily pain for
the space of twenty days, the husband has voluntarily caused grievons hurt & shall be
punished with imprisenment of either description for a term which may extend to seven years
or with fine according to section 325 of I.P.C.
But if it is only causing "hurt" then he shall be punished with imprisonment of either
description for a term which may extend to one year or with fine which may extend to one
thousand rupees or with both according to section 326 of I.P. C Also if the hurt is caused by
means of any instrument for shooting, stabbing or cutting or any instrument which are used as
a weapon of offence and is likely to cause death or by means of fire or any heated substance,
or by means of any poison or any ~orrosive substance or by means of any explosive
substance or by means of any substance which is deleterious to the human body to inhale, to
swallow, or to receive into blood, or by means of any animal, shall be punished with
imprisonment of either description for a term which may extend to three years, or with fine or
with both.37 If the husband causes hurt for the purpose of extorting from his wife any property
or valuable security, he shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine according to section 327 of
I.P.C.
vi) WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT
Another common form of domestic violence are wrongful restraint 38 and wrongful
confinement39 of the spouse within her matermonial home by her husband and inlaws. The
punishment for wrongful restraint is simple imprisonment for a term which may extend to
one month or with fine which may extend to five hundred rupees or with both under section
37
Section 324 of J.P.C
38
39
23 | P a g e
341 of I.P.C & punishment for wrongful confinement is imprisonment of either description
for a term which may extend to one year or with fine which may extend to one thousand
rupees, or with both under section 342 of I.P.C.
If the in-laws of the victim bride wrongfully confine her for 3 or more days they shall be
punished with imprisonment of either description for a term which may extend to two years,
or with fine, or with both40. If it extends for ten or more days then they shall be punished with
imprisonment of either description for a term which may extend to three years, and shall also
be liable to fine.41
vii) MARITAL RAPE
Matital rape is also another common form of domestic violence. This is a grey area of law
and evidence. While many progressive nations have legislated on marital rape, our law has so
far only conferred it a limited recognition, Section 375 of I.P.C provides that if a husband has
sexual intercourse with his wife who is below fiften years of age, it would be rape.
Non-consensual sexual intercourse by a man with his own wife may be an offence if she is
living separately under a decree of separation or any custom.42 The husband shall be punished
with imprisonment of either description for a term which may extend to two years and shall
also be liable to fine. In many a violent .marriage, the spouse subjects the wife to acts of
sexual humiliation. Interestingly, the I.P.C even address such forms of violence - the
provision for "unnatural offence."43 However, this provision has rarely been used in the
matrimonial context. The punishment prescribed for the .offence is imprisonment of either
description for a term which may extend to ten years, and shall also be liable to fine. In these
cases the husband adopts unnatural course for his own sexual gratification, the matrimonial
victim is the wife. She can have no sexual pleasure in the company of the husband and is
virtually deprived of the sexual life.
viii) MISSAPPROPRIATION OF PROPERTY.
A common type of domestic violence is the misappropriation of the spouse's property so that
she is economically crippled into subjugation. The Indian Penal Code addresses this situation
too. If the husband or his relative dishonestly misappropriates or converts to his own use, any
40
41
42
Section 376 A of l.P.C
43
Section 377 ofl.P.C
24 | P a g e
property, which the wife has entrusted him with, he is liable for offence of Criminal breach of
trust and shall be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.44
ix) CRUELTY BY THE HUSBAND OR RELATIVES
In 1983, matrimonial cruelty was introduced as an offence in the Indian Penal Code. 45 This
section has been inserted by criminal Law (Second Amendment) Act, 1983 and came into
force with effect from 25.12.1983. This section is the outcome of pressing needs of the
society to stop all sorts of cruelty towards a married woman, which has, now a days, a
burning problem of this country. It is not unknown that the greed for dowry, and indeed the
dowry system as an institution, is at the root of the offence contemplated in the section.
Seope and Object :- In fact the Supreme Court had the occasion to observe, in strong
language about this deep seated malady in our social order resulting in tragic deaths of newly
married girls. In many cases, it is observed that instances of bride killing are alarmingly on
the increase, and if the society should get rid of this growing evil, it is imperative that
whenever dastardly crimes of this nature are detected and the offence is brought home to the
accused, the court must deal with the offender most ruthlessly and impose deterrent
punishment.
The object of section 498A is to curb the vice of cruelty to the married woman by her
husband or in-laws. To give this object a reality section 113 A hasbeen introduced in the
Evidence Act raising a presumption against the husband or other relatives of the husband.
498A - Huaband or relative of husband subjecting her to cruelty :- Whoever being the
husband or the relative of the husband of a woman, subjects such woman to cruelty shall be
punished with imprisonment for a term which may extend to three years and shall also be
liable to fine.
Explanation - for the purpose of this section, "cruelty" means - (a) any wilful conduct which
is of such a nature as is likely to drive the woman to commit suicide or to cause injury or
danger to life and limbs or health (whether mental or physical) of the woman. or (b)
harassment of the woman where harassment is with the view of coercing her or any person
related to her to meet any unlawful demand for any property or valuable security or is on
44
Section 405 read with section 406 of I.P.C
45
Section 498 A of J.P. C
25 | P a g e
account of failure by her or any person related to her to meet such a demand. In order to
convict a person for a crime under section 498A IPC, the prosecution has to prove that the
accused committed acts of harassment or cruelty as contemplated by the section and that the
harassment or cruelty was the cause of the suicide.
The term cruelty under section 498A of the IPC includes both mental and physical cruelty.
Cruelty means any wilful conduct that 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, health (whether mental or
physical) or to harass or coerce her or any person related to her to meet such a demand. A
reasonble nexus has to be established between the cruelty and suicide. The cruelty established
has to be of such gravity as to drive an ordinary woman to commit suicide. In many cases the
court found that there was no material to show that the woman was hypersensitive and that
for other reasons and not on account of cruelty she would have taken her own life. The act of
taking a child away from the mother and beating the woman could amount to cruelty under
section 498A.
Explanation (b) to section 498A does not make each and every harassment cruelty.The
harassment must have a definite object, namely to corece the woman or any person related to
her to meet their demand.46
The initial burden of proof is still on the prosecution to show that the women was subjected
to cruelty. It is only after this, the presumption under Sec. 113A Evidence Act is applied. The
introduction of section 498A and section 113A have not altered the requirement of standard
of proof. There is no absolute standard of proof in a criminal trial and the question whether
the charges havebeen met beyond a reasonable doubt, would be dependant upon the facts and
circumstances of each case. The doubt must be of a reasonable person and the standard
adopted must be of a reasonable and just person for coming to a conclusion considering the
particular subject matter. In a case whether the cruelty has to see if the woman was
hypersensitive to ordinary petulance, discord, and differences. The presumption under section
113A of the Evidence Act would apply retrospectively, as it is procedural in nature.47
The offences against married women are committed normally within their homes, therefore
direct evidence is not available. Ordinarily, it is not expected that physical torture or abuses
46
Wazir chand V. State of Haryana AIR 1989SC378 and pyare La! V. State of Haryana
( 1997) 1 1SCC552 and 1993 CR L J 3019.
47
Gurbachan Sing V. Satpal Sing ( 1990) 1 SCC 445
26 | P a g e
hurled to the woman would be noticed by the neighbours. The courts, while deciding whether
the woman was harassed or ill-treated, will take into account the dying declaration, statement
of the deceased and of her relatives viz the mother, sister, father etc.
If there is an offence under section 306 of IPC, then abetment has to be proved independently
under section 107, IPC. Abetment does not involve the actual commission of the crime. In
this context it is submitted that the constant demands of dowry, taunts,illtreatment, cruel
behaviour are serious enough provocations for a woman to commit suicide. The dying
declaration of the deceased per se could not involve the accused in an offence under section
306 IPC because it is for abetment of suicide. In addition to cruelty by the husband and his
relatives, the woman has also the option of filing for an appeal under the provisions of hurt
and grievous hurt.
The offence under section 498A is cognisable and triable by a Magistrate First class. The bar
of limitation to take cognisance of offence under section 468 Cr. P.C would not apply to
matrimonial offences where the allegations are of cruelty, torture etc. The offence of cruelty
is of the nature of a continuing offence.
x) MARRYING AGAIN DURING THE LIFE OF THE WIFE
Now a days cases of husbands deserting their first wives and marrying again, is becoming an
uncontrollable crime. It is also a form of domestic violence. Social pressures and economic
compulsions force the victim wives to keep quiet and suffer the injustice. The legal hurdles in
getting justice are almost insurmountable. It is not an easy task for the wife to prove the
"solemnization of the second marriage".
BIGAMY :- According to section 494 of Indian penal code when a husband, having a wife
living, marries in any case, in which such marriage is void by reason of its taking place
during the life of first wife, shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine. Today the actual
number of such cases are much higher than the reported figures reveal. The greatest handicap
for the wife in proving the offence of bigamy is the requirment of strict proof of the second
marriage.
The word "marries" in this section means some form of marriage recognised by the personal
law of the parties concerned and such a marriage must be a valid marriage. If the marriage is
not valid in the eyes of law, the question of its being void by reason of its taking place during
27 | P a g e
the lifetime of the wife does not arise. Monogamy is enjoined by the personal law of both the
Hindus and christians. They are not at liberty to go through the second marriage during the
lifetime of the legally wedded first wife without .committing the offence of Bigamy. The
second marriage should be proved to be duly performed in accordance with the personal law
applicable to the parties.
Now a days both Hindu and Christian husbands whose marriages are , t:nonogamons have
discovered a new trick to evade the application of monogamy. They convert themselves to
Islam and remarry. They get sympathy and protection from those who profess Islam. The
wife who can file the complaint of bigamy against her husband is handicapped. She has to
fight against threats of violence held out by the husband and his co-religionists.
The argument usually put forward by the converts is, "since a Muslim is entitled to marry as
many as four wives at a time, the second marriage should be valid. Such a conversion is
malafide, it is not genuine so it should not enable the husband to escape the application of
monogamy. A Muslim is permitted to marry a second wife only if he can treat both the wives
equally. Such equality of treatment is automatically ruled out by the fact that the only reason
of husband's conversion to Islam is to desert his first wife and marry a second wife.
In Sarla Mudgal Vs. Union of India, (1995) 3SCC 635-the Court held that if a non-Muslim
person converts to Islam, only to get married again, he willbe guilty of bigamy in his second
marriage itself. A man cannot escape from punisment merely by going through the
formalities of conversion.
In this context it is also stated that, however, this section is not applicable to a mohammedan
male as the Mohammedan personal law allows a male to have four wives at a time. Whether
he can be punished under the section for marrying a fifth time will depend on which school of
Muslim law applies to him. If he is Sunni Muslim, the mariage is not void but only irregular.
He can make this fifth marriage valid simply by divorcing one of his current wives. If he is a
Shia Muslim, his fifth marriage is void and he would · be guilty of the offence of bigamy.
Aggravated Form of Bigamy : Section 495 of Indian Penal Code deals with the aggravated
form of bigamy. When a married man by posing himself as an unmarried man, induces. an
unsuspecting woman to become, as she thinks, his wife, but in reality his concubine, he is
guilty of one of the most cruel frauds that can be conceived. Such a man shall be punished
with imprisonment of either description for a term which may extend to ten years, and shall
also be liable to fine.
28 | P a g e
This offence is committed when the accused uses deceit in not giving the necessary
information or purposely concealing the fact of his first marriage from his second wife. In
such cases, the second wife honestly continues to believe herself to be the legally wedded
wife but she is in for the greatest shock of her life when she realises that she possesses no
status. There are several unreported cases of this nature. In most of the cases, the usual plea
of the husband is that he married under parental pressure as he had no guts to accept the fact
of the first marriage before his parents.
In such cases it is mostly the poor and illiterate women who suffer. Both the wives are
deprived of the conjugal love and hapiness as well as the matrimorial home. The need of a
roof over their heads makes the women reconcile to their cruel fate, as the other course is to
be on the street. Most of the time the natal family is unwilling to take back the victimised
wife, the initial sympathy fades away very fast.
THE CODE OF CRIMINAL PROCEDURE, 1973
In India often women are deserted by their husbands or living separated from their husbands
without any reason. So these women who are house-wives with their children suddenly face
an unexpected monitary problem because they are unable to maintain themselves with their
children without the help of thier husbands. In that situation Code of Criminal Procedure,
1973 came to help those distressed women and their children.
Although the Criminal Procedure Code is a procedural enactment, it also confers substantive
rights, "the right of maintenance" being one of the most important of such rights. It is the
fundamental and moral duty of every man to maintain his wife and children when she is
unable to maintain herself with her children.
According to section 125 of the Cr.P.C., if any person having sufficient means, neglects or
refuses to maintain his wife and children who are unable to maintain themselves, the
Magistrate of the first class may, upon proof of such neglect or refusal, order such person to
make a monthly allowance for the maintenance of his wife and children at such monthly rate
not exceeding five hundred rupees per head, or as such, the Magistrate thinks fit, and to pay
the same to such person as the Magistrate may, form time to time, direct.
By the Cr. P.C Amendment Bill NO. xxxv of 1994, the amount of maintenance is sought to
be raised from Rs. 5001- to Rs. 1,500/- by amending subsection (1) of Section 125 of Cr. P.C.
In case of a minor female child who is married, if the Magistrate is satisfied that the husband
29 | P a g e
of such a minor female is not possessing of sufficient means, an order can be made against
the father of the child to make such allowance until she attains the age of majority. It may
also be noted that a reference to a wife also covers a woman who is divorced from her
husband, provided that she has not remarried.
Such allowance shall be payable from the date of the order, or, if so ordered, from the date of
the application for maintenance. If any person so ordered by the court fails without sufficient
causes to comply with the order, such Magistratre may, for every breach of the order, issue a
warrant for levying the amount due in the manner provided for levying fines, and may
sentence such person, for the whole or any part of each month's allowance remaining unpaid
after the execution of the warrant, to imprisonment for a term which may extend to one
month or until payment if sooner made. Provided that no warrant shall be issued for the
recovery of any amount due under this section, unless application be made to the Court to
levy such amount within a period of one year, from the date on which it became due.
Provided further that, if such person offers to maintain his wife on condition of her living
with him, and she refuses to live with him, such Magistrate may consider any grounds of
refusal stated by her, and may make an order under this section notwithstanding such offer, if
he is satisfied that there is just ground for so doing.
Explanation : If a husband has contracted marriage with another woman or keeps a mistress,
it shall be considered to be just ground for his wife's refusal to live with him. If the husband
ill-treats his wife (as for instance, by hitting her) so that she is compelled to leave his house,
she should be justified in refusing to live with him and in claiming maintenance.
So also, it is cruel on the part of a husband suffering from a venera! disease to insist upon his
wife to sleep with him, and in such a case also, she may legitimately refuse to live with him,
and claim maintenance.
No wife shall be entitled to receive an allowance from her husband under this section if she is
living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or
if they are living separately by mutual consent.
On proof that any wife, in whose favour an order has been made under this section is living in
adultery, or that, without sufficient reason she refuses to live with her husband, or that they
are living separately by mutual consent, the Magistrate shall cancel the order. The object of
the present section is to provide a summary remedy to save dependant wife from destitution
30 | P a g e
and vagrancy, and thus to serve a social purpose, apart from and independent of the
obligations of the parties under their personal law. In other words, it applies to all parents,
wives and children, irrespective of their religion or that of the opposite party. The right under
the present section is a statutory and self-contained right, which cannot be defeated by any
thing in the personal law of the parties. But the question whether the applicant is the lawfully
wed wife of the respondent is to be determined according to their personal law.
THE STATUTORY LAWS RELATING TO DOMESTIC VIOLENCE
In India there are some statutory laws against domestic violence offences which are stated
below
 The Dowry Prohibition Act, 1961

 The Commission of Sati Prevention Act, 1987
 Medical Termination of Pregnancy (Mtp) Act, 1971
 The Pre-Natal Diagnostic Techniques (Regulation And Prevention Of Misuse Act,
1994
The Dowry Prohibition Act, 1961
Dowry has always been part of marriage system in India, but the dramatic increase in dowry
giving in the post independence period, reflects the declining value of woman in the Indian
society. Today, dowry has become a means of harassment leading to murders and suicide of
newly married brides in their matrimonial homes. The term "dowry" denotes property that a
girl brings with her for her husband on marriage. In a plain meaning, dowry is regarded as the
property that the bride's family gives to the groom or his family upon marriage. Dowry is
widely prevalent in the Indian society and it has been accepted as an appendage to man·iage
system. Inspite of better education, occupation and income, people are interested in the
continuation of this age old practice of dowry. The cruel system of dowry has become one of
the greatest evils of the marriage institution in Indian society since the lust fm money has
given birth to the cruel practic~ of bride burning, sucide, dowry death etc.
Usually the prime motive behind the cruelty to young married woman in matrimonial home,
is the desire to extract maximum dowry. The miserable plight of tortured wife for bringing
insufficient dowry or no dowry shocks human conscience. Dowry appears to be a factor
around which the ill treatment of the brides hinges and most of the dowry death suicide; and
31 | P a g e
bride burning and harassment evidently result from the dissatisfaction of the inlaws over
inadequate dowry brought by the daughter-in-law.
There has been constant rise in dowry death, murder, bride burning, suicide in India. In recent
years, not a day passes without a newspaper carrying reports of dowry death, bride buring,
murder and suicide committed by a woman for insufficiency of dowry demand as is evident
from media, articles and statement. The equation in a dowry practice is clearly anti-woman
because the practice of taking dowry means that a woman plus dowry is equal to a man. The
practice of dowry is a great social evil and contrary to the dignity of woman. It is the symbol
of women's oppression, The practice of dowry thus not only perpetuates inferior status of
women in their matrimonial homes, but has also become a cause of self immolation, suicide
and death among them. This evil is a reflection of the implicit belief of male superiority in the
Indian society.
In this context it is stated that, today marriage has become an occasion to demand and chance
to accumulate. Boys are shamelessly and openly sold in the marriage market. The rates of
dowry vary from caste to caste and mostly depends upon the groom's accomplishment, family
status and other attainments such as education, employment, wealth or other material
acquisitions. The negotiation for the settlement of dowry at marriages can be compared to
more of less well defined grade and amount of dowries attached to different professions
among different caste groups. Today, marriage has became a stepping stone to acquire more
wealth and social status. There is no other social institution which has been commercialised
as marriage. It is submitted that dowry demands have led to a total loss of sanctity of
marriage which was considered to be a sacrament and now marriage has been reduced to a
big business in which the bridegroom has to be purchased by paying a high price in the form
of dowry.
Then in 1961, Dowry prohibition Act was passed. It was the first penal legislation to ban this
evil practice, but four decades after it has been banished, dowry continues to be the pivot
around which all Indian marriages revolve and has resulted in the death of a large number of
married women. The Act provided six months imprisonments and a fine of Rs, 5000!- or both
for taking or giving dowry.
This Act of 1961 was sought to be amended because the definition of dowry was not clear
enough to ensure the conviction of offences under the Act. Now the punishment has been
enhanced and a minimum and maximum punishment limits have been laid down. The dowry
32 | P a g e
prohibition (Amendment) Act, 1984, was passed with a view to curb the dowry menace. It
provides that the offence is punishable with imprisonment which is not less than six months,
but which may extend to two years and with fine which may extend to Rs, 10,000/- for taking
or giving dowry.
The Amending Act has substituted the words "as consideration for the marriage" with words
"inconnection with the marriage". But the Act was found to be ineffective. Then the dowry
prohibition (Amendment) Act 1986, was enacted to put an end to dowry harassment and
deaths.48 It provides for the offence to giving or taking dowry a punishment which may
extend to five years imprisonment and with a fine which shall not be less then Rs. 15,000/- or
the amount of the value of such dowry, whichever is more. Cruelty to women including
coercion for dowry is also a criminal offence. It has now become compulsory to investigate
every unnatural death of a woman, in the first seven years of her marriage both by the police
and a magistrate.
The 1986 Act has added the words at "any time after the marriage". The definition has been
broadened to some extent and now, continued demand even after the marriage can be dealt
with strictly but the interpretation of the new changes depends on the attitude and the
convictions of the court. Inspite of taking a number of preventive measures by Indian
Government the dowry menace remains almost as usual. The dowry prohibition
(Amendment) Act, 1986, has proved to be totally ineffective. The present Act has several
loopholes and dowry deaths maintained their spiral inspite of all legislative effort to curb
them.
The Commission of Sati Prevention Act, 1987
It is true that one particular form of barbaric custom which was very rampant in our society in
the past, eradicated a lot in the last century, and again reappeared now is 'Satipratha'. It is one
kind of domestic violence on women, specially widows.
The practice of Sati reflects man's desire to acquire total control over a woman not only in
this world, but also in the world hereafter in the name of high ideals like love, devotion, duty
and religion. Sati Pratha is the manifestation of baseless and unjustified desire of man.
48
Bride burning in India (A social-legal study)- Mohd. Umar, APH Publishing Corporation, New Delhi, 1998.
33 | P a g e
'Sati' means the burning or burying alive of the widow along with the body of her deceased
husband or any other relative, or with any article, object or thing associated with the husband
or relative.49
'Sati' is a traditional practice of widow immolation. It reflects the culture of barbaric society
and the mystique of the Hindu women who want to prove their loyalty and purity even in the
death on their husbands pyre. In "Sati Sahagamana", the widow woman with her normal state
of mind voluntarily and cheerfully sacrifices her life and bums herself on her husband's pyre
along with her husband's deadbody as per the rules of the Hindu Shastras. The text of the
sages like Angira, Vijasa and Vrishaspati Rishis expressed that every woman who bums
herself with the body of her husband, will reside with him in heaven. They further said that a
woman who bums herself, draws her husband out of hell, and she afterwards resides with him
in heaven.
But in reality it can be found that worldly interests are mainly responsible for Sati Pratha. The
Practice of Sati used to be performed for the material gain of the surviving relatives of the
husband. By Sati Pratha the relatives of the deceased husband would save the expenses of
maintaining the widow and later on they would acquire her legal share over her husband's
family estate. Hence, in British period, regulation of prohibition of Sati was enacted on 4th
December, 1829 by Sir William Bentinck with the help of many social reformers like Raja
Rammohan Roy, Vidyasagar and others. However, the Satipratha continued to be practised
rarely in some orthodox families. In India, a woman who commits sati was traditionally
glorified and immortalised. Temples were constructed for their memorials and the "Sati
Mata" was worshipped as a deity. She was supposed to have the powers of a Goddess. The
'Sati-Sthal' or the place where a woman was supposed to have immortalised herself as a "sati"
attracts a large number of "devotees" every year. It is said, there are still around 130 Sati
temples in India and nearly half of them are in Rajasthan. In Uttarpradesh, Madhya Pradesh
Satipratha still exists.
After independence on Septermber 4, 1987, 17 years old Roopkanwar committed Sati. She
was burnt alive on the funeral pyre of her husband Maal Singh Shekhawat at Deorala village
of Sikar district in Rajasthan. This Deorala incident came to be referred as 'Sati case'
followed by a number of congregations, ceremonies and festivals and that attempts were
49
Section 2( 1 )(c), The Commission of Sati Prevention Act, 1987.
34 | P a g e
made to collect funds for the construction of a temple at the site where the incident took
place.
Many women's organisations, members of Parliament and the people at large had called
Roop-kanwar's burning a murder and demanded a strong central law not only to prevent Sati
but also to deter its glorifacation. In the absence of any specific law dealing with Sati at the
time of that incident the accused persons were convicted under section 302 of I.P.C. Later,
under Rajasthan Sati (Prevention) ordinance, 1987, 22 cases were filed in various police
stations in connection with the alleged glorification of Sati.50
Following a demand made for a strong and effective central Act, the commission of Sati
(Prevention) Bill, 1987 was drafted to punish the attempt to commit, abetment and
glorification of Sati. This Bill was introduced and passed in both the Houses of the
Parliament and received Presidential assent on January 3, 1988 and came into effect on
March 21, 1988. But, it is a pity that the Government did not make a good law. The most
obvious infirmity of the Law is the acceptance of Sati as suicide. It lays down that the woman
who tries to commit Sati will be sentenced to six months imprisonment under section 309 of
I.P.C. It reinforces the assertion that the Act of Sati arises out of the free choice on the part of
the woman.
This negates many of the positive features of the Law and of-course contradicts other sections
of the Law which acknowledge that a woman cannot commit Sati out of her own free will.
There is adequate documentation of the past Sa tis and the incident of Roopkanwar, to prove
that Sati can never be a suicide because the woman doesnot light her own funeral pyre,
someone else sets it on fire. She is either psychologically forced, drugged or physically
pushed on to it. The Law would have proved a much stronger detten-ent if the section on the
commission of Sati would have charged the perpetrators of the crime with murder.51
The Act criminalises observance, support, justification or propagation of Sati. While the
section on the glorification of Sati in any form is fairly comprehensive,it would have been
strengthened if, as suggested by the women's groups, even those who give donations for the
temples and trusts for glorifying Sati are made liable for prosecution 1.mder the new Law.
·So this Act passed with so much funfare has remained on paper and the glorificaion of sati in
Deorala and other temples has not stopped. In "The Telegraph" Sunday, 1st February. 2004, it
50
Sati and the verdict - T.K. Rajalakshmi, Frontline, March 12, 2004.
51
Crime Against Women and Protective. Laws - By Shobha Saxena.
35 | P a g e
is stated that sixteen years after Roop Kanwar allegedly immolated herself on the pyre of her
husband in Rajasthan's Deorala village, a special Court of Jaipur on Saturday, 31st January,
2004 acquitted all the 11 accused persons, including State BJP Vice-President Rajendra
Rathore who were charged with glorifying the incident as one of Sati. The Court said the
prosecution had failed to prove charges that they glorified Sati.
It is very unfortunate to mention here that despite this Law, many Sati incidents are still
taking place in Uttarpradesh, Rajasthan, recently. On 7th May, 2005 in Banda District of U.P
one Ramkumari burnt herself on her husband's pyre and committed Sati. On May 19, 2006,
one 38 years old woman named Vidyawati committed Sati at Rarhi Bujurg, 35 km from
Fatepur town, Uttarpradesh.52
It is utterly ridiculous if this heinous custom of Sati goes on to continue in different parts of
India even in the 21 century. The implementation of Law by the Government should be more
vigilent and at the same time the education of the society to abundon the procedure would be
more rational outlook of the Government officials today.
Medical Termination of Pregnancy (Mtp) Act, 1971
Today in India woman has right to decide the number of children she wishes to bear and also
has the right to terminate an unwanted foetus because she is often forced to conceive by her
husband. However, women encounter numerous social and economic difficulties to make
these rights work in practical life.
The Medical Termination of pregnancy Act, 1971 came into force in 1972 all over the
country. The Act empowers a woman to have a pregnancy terminated under a specified set of
circumstances. As per section 3 of the MTP Act, a pregnancy less than 12 weeks old may be
terminated by a Registered Medical practitioner if he I she believes in good faith that the
continuation of pregnancy would involve –
i. A risk to the life of the pregnant woman, or

ii. Grave injury to her physical or mental health, or
iii. There is substantial risk, when if the child is born, it would be abnormal or
handicapped.
52
The Telegraph, 27 May, 2005 and 20th May, 2006.
36 | P a g e
If the pregnancy is over 12 weeks but less than 20 weeks, the registered medical practitioner
must certify about the risk to the life of the pregnant woman or that it would cause grave
injury to the mental health of the pregnant woman, as for example –
The pregnancy forced upon her by an act of rape by her husband or other male persons or
caused by the failure of the birth control device or method used by any married woman or her
husband for the purpose of limiting the number of children. A woman can have her
pregnancy. terminated even in cases where the pregnancy is over 20 weeks, provided that a
registered Medical practitioner certifies that the termination of pregnancy is immediately
necessary to save the life of the pregnant woman. As per section 4 of the MTP Act, 1971, the
termination of pregnancy can be performed only in a Government hospital or any place
approved by the government for conducting MTPs. If it is done in any other place, it is illegal
unless the operation has to be performed to save the woman's life. Generally only a
Registered Medical Practitioner with some experience in Gynaecology and obstetrics is
qualified to conduct abortions as per the rules framed under the Act.
An unqualified doctor who performs abortions will be punished. A doctor who is negligent or
acts without proper care and caution can be sued for compensation. A report against him and
the Hospital I clinic can be registered with the police. The affected party can also approach
the appropriate Medical Council for taking action against the erring doctor. All abortions
carried out by· a Hospital are recorded in a secret register. They can be examined upon an
enquiry or complaint. The records can be destroyed only after 5 years of an abortion.
In this context it is also stated that an abortion is illegal when it doesnot comply with the
provisions of the MTP Act, 1971. Further, under the Indian Penal Code, 1860, certain acts are
treated as offences, viz.
 Whoever causes a miscarriage (if it is not done in good faith to save the life of the
woman) shall be_ punished up to seven years.
 Abortions carried out without the consent of the woman or under duress or in fear of
injury is illegal. A woman having suffered a misconception, a woman with unsound
mind, a woman in an intoxicated state or a girl below 12 years can not be allowed to
give consent for abortion.
 Who ever causes the death of a woman while doing her abortion of the child may be
sentenced up to 10 years and fine.
37 | P a g e
 An Act done to prevent a child being born alive or cause it to die after birth can be
punised upto 10 years.
 If an unborn child dies because of a physical attack on the mother, the attacker will be
punished with imprisonment upto 10 years and fine. In the event of a medical
termination of pregnancy, only the pregnant woman's consent is required. Her
husband's consent is not necessary.
The Pre-Natal Diagnostic Techniques (Regulation And Prevention Of Misuse Act, 1994:
Today Female foeticide or forced abortion is very common and wide spread crime in India. In
olden days, it was impossible to determine the sex of the baby in the womb of the mother
until it was delivered. As medicine advanced, new techniques were devised for preventing the
genetic, chromosomal disorders of the child in the womb. With these modern techniques and
machinery it has become possible to ascertain the sex of the child in the womb even in the
early stages of pregnancy. The technique used to diagnose the condition, and the sex of the
foetus is called "Amniocentesis". These techniques are actually used to test the amniotic
fluids, blood or any tissue of a pregnant woman for the purpose of finding any genetic or
metabolic disorders. This advancement of science turned to be a curse towards female child.
Instead of using these techniques for the medical purposes, the medical practitioners started
using them only for the purpose of determining the sex of the child in the womb. After·
knowing that the foetus is female, many parents in our society dominated by male
chauvanistic sections prefer to abort the child deliberately so as to prevent the birth of a
female child. India has become famous for the high rate of female foeticide and female in-
fanticide. This is the plight of the female sex, even in the womb she is being ill-treated and
killed unwantedly in womb itself. This female foeticide is a big black spot on the face of the
Indian Society.
In 1970 same enterprising doctors discovered the commercial possibilities to the desire not to
have girls. Soon thousands of such clinics sprangup using various prenatal tests like chorionic
villus biopsy, ultrasonography and amniocentesis to determine the sex of the unborn child.
This misuse of the technology has added one more form of domestic violence to the long list
of domestic violence against women. Now girls can be killed even before they are born. Such
tests, since they can be conducted only in the advanced state of pregnancy are full of risks
both for the woman under going them as well as for the unborn child. But women are forced
to undergo these tests. In India, abortion is not only legal but condoned (unofficially) as a
38 | P a g e
family planning method of birth control. Family planning officials are given bonus for
maintaining "birth quotas"and they keep quiet about infanticide.
In this context it can be stated that a survey by women's group has shown that out of 8,000
cases of voluntary abortions 7,989 involved female-foetus. Therefore, recognising that
domestic violence is also perpetrated in the form of forced termination of female foetuses, the
prenatal diagnostic Techniques (Regulation and prevention of misuse) Act·regulates the use
of prenatal diagnosis.
The objective of the Act was to provide for the regulation of the use of prenatal diagnostic
techniques for the purpose of detecting genetic or metabolic disorders or chromosomal
abnormalities or certain congenital malformations or sex linked disorders and for the
prevention of the misuse of such techniques for the purpose of prenatal sex determination
leading to female-feoticide and for matters connected therewith or incidental thereto.
Section 3 of the Act provides that no Genetic counselling centre or Genetic Laboratory or
Genetic clinic can conduct or aid in activities related to prenatal diagnostic techniques.
Similarly, Medical practitioners or other persons cannot conduct or aid in conducting pre-
natal diagonstic techniques at a place other than one registered under this Act.
Section 4 of the Act allows prenatal diagnostic techniques to be conducted only for detection
of chromosomal abnormalities, genetic matabolic diseases, haemoglobinopathies, sex-related
genetic diseases, congenital anomalies or any other abnormalities or diseases as may be
specified by the Central Supervisory Board. No prenatal diagnostic techniques shall be used
or conducted unless the person qualified to do so is satisfied that any of the following
conditions are fulfilled, namely:
i. Age of the pregnant woman is above thirty-five years.

ii. The pregnant woman has undergone two or more spontaneous abortion or foetal loss.
iii. The pregnant woman had been exposed to potentially teratogenic agents such as
drugs, radiation, infection or chemicals.
iv. The pregnant woman has a family history of mental retardation or physical
deformities such as spasticity or any other genetic disease.
No person, being a relative or the husband of the pregnant woman shall seek or encourage to
conduct any pre-natal diagnostic techniques on her, except for the purpose specified above.
The person conducting the diagnostic procedure should have explained all known side and
39 | P a g e
after effects of such procedure to the pregnant woman. Now a written consent of the pregnant
woman is necessary, and communicating the sex of the foetus to the husband or any other
relatives by words, sign or in any other manner, is prohibited.
Section 6 of this Act disallows the use of pre-· natal diagnostic techniques including ultra-
sonography for the purpose of determining the sex of the foetus. The Act prohibits
advertisement of any kind by any body or person pertaining to facilities for pre-natal
determination of sex available, at any centre or place. Any person who seeks the aid of a
Genetic Counselling Centre, Genetic Laboratory or Genetic clinic or gynaecologist or
registered medical practitioner for conducting Prenatal Diagnostic Techniques on any
pregnant woman (including such woman unless she is compelled to undergo such diagnostic
techniques) for purposes other than those specified in section 4, shall be punishable, with
imprisonment for a term which may extend to three years and with fine which may extend to
ten thousand rupees and on any subsequent conviction with imprisonment, which may extend
to five years and with fine which may extend to fifty thousand rupees.53
Penalty for contravention of the provisions of the Act is punishable with · imprisonment for a
term upto three months or with fine upto one thousand rupees or with both and for continuing
contravention with an additional fine upto five hundred rupees for every day of continuing
contravention after conviction for first such contravention.54
SUGGESTIONS
There have been gruesome reports of young bride being burnt alive or subjected to
continuous harassment for not bringing home the amount of demanded dowry. The Tandoor
Murder Case of Naina Sahni in New Delhi in the year 1995 is one such dreadful incident of a
woman being killed and then burnt in a Tandoor by his husband. This incidence was an
outcome of suspicion of extra marital affairs of Naina Sahni which led to marital discord and
domestic violence against her. In urban areas there are many more factors which lead to
differences in the beginning and later take the shape of domestic violence. These include –
more income of a working woman than her partner, her absence in the house till late night,
abusing and neglecting in-laws, being more forward socially etc.
A critical examination of the Indian legal provisions reveals that most of the previous
protective laws for women suffer from various loopholes and shortcomings. They are
53
Section 23 of Pre Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.
54
Section 25 of Pre Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.
40 | P a g e
complicated and ambiguous and instead of solving the issues, make the situation more
complex. Often the provisions of the Law are not clear and precise, it makes them the
battleground for legal interpretation in the hierarchy of courts. Certain Laws remain confined
to statute books, because the enforcement machinery is inadequate or the penalities are not
awarded according to the stipulations. Many of these previous protective laws were passed in
such a great hurry, that there was no time even to think about the various aspect of the
enactment. There are innumerable acts, which do not take into account the social realities of a
woman's life, thus these laws may be helpful for the state to just settle the woman's problem
for the time being but do not actually gives her a permanent relief from her miserable
inhuman situation.
CONCLUSION
It can be noted, that inspite of a number of changes in the previous laws the problems of
domestic violence against women like dowry, cruelty, bride burning etc. are not only
continued till today but have assumed alarming proportions. The differences in various
personal laws and absences of adequate enforcement mechanisms, have made many of these
laws ineffective. Recently the new civil law on domestic violence ie. "The Protection of
Women from Domestic Violence Act 2005" is unable to eradicate domestic violence yet, so
bride burning, dowry deaths, cruelty by husband and in laws, suicide etc still occur all over
the country and the large part of women population in India continue to be victims of
exploitation, discrimination and abuse in their matrimonial homes. They suffer domestic
violence silently, and their progress is being thwarted by the long established socio-cultural
traditions and certain social evils.
Therefore, tinally it can be stated that, in past inspite of plethora of prograssive and protective
legislations favouring women, we failed in our aims to uplift the social status of Indian
woman and to place her at par with male in all walks of life. But now we are waiting to see
that this new civil law i.e The Protection of Women from Domestic Violence Act, 2005 will
be implemented properly by the State mechinary and should be treated as a stronger weapon
for women who are suffering from domestic violence and also this law will control the rate of
increase of domestic violence in India.
REFERENCES
Articles
41 | P a g e
 Dr. Tanzeem Fatima, Gender Justice: A Conceptual Analysis, Excellence International
Journal Of Education And Research Volume 1 Issue 4
 Uniform Civil Code: towards gender justice, Leila Seth, India International Centre
Quarterly, Vol. 31, No. 4
 Succession Law in India and Obstacles in the Road to Gender Equality: The
Experience of"Mary Roy v. State of Kerala" by Thomas John, Student Bar Review,
Vol. 18, No. 2 (2006), pp. 38-58
 Meera Kosambi, Gender issues and State Intervention in India, Sage Publication,
Pg.no.98-100
 Rehana Ghadially, eds. , Women in Indian Society: A Reader, New Delhi: Sage
Publications, 1988, pp. 149-151
 Priyanka Bhardwaj, 'India: Violence against Women on the Rise', Available at
http://towardfreedom. com/home/content/view/1 490/1/, published on 23rd Dec 2008
 WOMEN'S ISSUES IN INDIA: ROLE AND IMPORTANCE OF MEDIA, Purnima
Ojha, The Indian Journal of Political Science, Vol. 72, No. 1 (Jan - March, 2011), pp.
87- 102
 C. J. Nair, "Women empowerment in India, still a distant dream",
http://www.merinews.com/article/ women-empowerment-in-india-still-a-distant-
dream/124708.shtml, published on 10th April 2007
 Citizenship Degraded: Indian Women in a Modern State and a Pre-Modern Society,
Kanchan Sinha, Gender and Development, Vol. 11, No. 3, Citizenship (Nov., 2003),
pp. 19-26
42 | P a g e

Indian Laws For The Protection of Women'S Rights Against Domestic Violence

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INDIAN LAWS FOR THE PROTECTION OF WOMEN'S RIGHTS AGAINST

K. SIVA RAMA RAJU – 2015048

5 YEAR INTEGRATED B.A., LL.B (HONS.) COURSE

WOMEN AND LAW

UNDER THE SUPERVISION OF

DR. P. VARA LAKSHMI

DAMODARAMA SANJIVAYYA NATIONAL LAW UNIVERSITY, NYAYAPRASTHA,

VISAKHAPATNAM SIGNATURE OF THE

S.NO. ABBREVIATION FULL FOM

1. AIR All India Reporter

2. CEDAW The Convention on the Elimination of all

3. DVA Domestic Violence Prevention

4. ILO International Labour Organization

5. INSTRAW International Research and Training Institute

7. MWCD Ministry of Women and Child

8. NPA National Plan of Action

9. RPL Religious Personal laws

10. SC Supreme Court

11. SC/ST Scheduled Caste/ Scheduled Tribes

12. TCSA Travancore Succession Act

13. U.N. United Nations

14. UCC Uniform Civil Code

15. WB West Bengal

"Violence against women is a manifestation of historically unequal power relations between

AIM OF THE STUDY

SCOPE OF THE STUDY

CHAPTER II - INDIAN CONSTITUTION

2) Article 15 of the Constitution of India deals with prohibition against discrimination. It

5) According to Article 19 of the Constitution of India every citizen including women

a) to freedom of speech and expression

6) As per Article 21 of the Constitution of India –

No person shall be deprived of life or personal liberty except according to procedure

8) To provide facility to the Women accused - As per Article 20 of the Constitution of

9) As per Article 22 of the Constitution of India- No person who is arrested shall be

 Criminal Laws relating to Domestic Violence

CRIMINAL LAW RELATING TO DOMESTIC VIOLENCE

INDIAN PENAL CODE, 1860

i) WHERE CULPABLE HOMICIDE AMOUNTS TO MURDER:.

a) With the intention of causing death.

In the case of domestiC violence, Culpable homicide amounts to murder, unless it is

Circumstantial Evidence - To prove guilt of an accused person (husband) by circumstantial

a) the circumstances should be fully proved.

ii) DOWRY DEATH:

iii} ABETMENT OF SUICIDE :

iv) FEMALE FOETICIDE, OR FORCING THE WIFE TO TERMINATE HER

Any hurt may be "grievous" if it results in serious injury such as –

Voluntarily Causing Hurt

vi) WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

vii) MARITAL RAPE

viii) MISSAPPROPRIATION OF PROPERTY.

ix) CRUELTY BY THE HUSBAND OR RELATIVES

x) MARRYING AGAIN DURING THE LIFE OF THE WIFE

THE CODE OF CRIMINAL PROCEDURE, 1973

THE STATUTORY LAWS RELATING TO DOMESTIC VIOLENCE

 The Dowry Prohibition Act, 1961