498a.org 498a Explained Resources News Forums About Us

Domestic Violence Against Women Law in India

Frequently Asked Questions

(We do not take any responsibility of the answers, the are only opinions, please consult your lawyer !!)

1) What is Domestic Violence Bill ?

Ans: Domestic Violence Bill is a Bill that provides all women in the domestic relationship, whether marriage or live-in, a right to seek legal action against her male partner if she perceives her male partner's conduct is a form of domestic violence. If the complaint is lodged, a protection officer, predominantly a female, will pass restraining orders and give a second chance to reconcile. If the woman complains yet again, the male partner, irrespective of his family background and social status, will be convicted with one year imprisonment and fine of Rs. 20,000/- without any further enquiry..

2) What are the forms of Domestic Violence Bill?

Ans. The various forms of Domestic Violence are as follows:

(a) harms or injures or endangers the health, safety, life, limb or wellbeing, whether mental or physical, of the aggrieved person (woman) or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved person (woman) with a view to coerce her or any other person related to her to meet any unlawful demands for any dowry or other property or valuable security; or

(c ) has the effect of threatening the aggrieved person (woman) or any person related to her by any conduct mentioned in clause (a) or clause (b); or

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person (woman).

3) Does the Domestic Violence Bill protect men?

A.The Domestic Violence Bill does not protect men.

4) In what ways this Bill is bad for men?

A. Firstly, it does not provide any legal protection to men. Only women have the right to complain and seek legal action against their male partner. Even if the male partner is a victim of domestic violence, he has no right to complain. When the woman will complain of domestic violence, prima facie, the complaint will be treated as true and genuine. It will be the responsibility of the accused, the male partner, to prove his innocence. After the first complain, the Protection officer will issue a final warning after which the male partner could be imprisoned for one year if the woman decides to complain again. After the first complaint, the male partner will be under constant threat of getting convicted and will do anything the woman tells him to do.

Mental harassment is a relative term. Even if the male partner hasn't harassed the woman, she has the right to accuse the male partner of domestic violence. Harassment is defined here from the woman's point of view only. Just a mere petty argument within a relationship, which is an acceptable and general phenomenon, can be called harassment. If the male partner is cruelly nagged and decides to defend himself, the conduct of the male partner will be treated as a form of domestic violence, which will be a punishable crime. Women's vicious nagging has drove thousands of men to commit suicide. In one year, 22,000 men are committing suicide only because of women's atrocities, and the figures are increasing. A male partner not living on the woman's terms, the male partner will be accused of committing a crime. Whatever the woman says, the male partner has to do it. If you don't do what the woman says, you will be punished legally. Be henpecked or be handcuffed.

Economic abuse is a relative term. If a male partner refuses to pay exorbitant monetary demands of the woman, she can accuse him of domestic violence. Not meeting her extravagant monetary demands is a punishable crime. She can demand any amount of money, and refusing her, will invite legal action. Her extortion is legal after this Bill. When any property is held by the male partner and if the woman has any "interest" in the property, the woman has to right to demand what she wants and not giving her will invite imprisonment.

Verbal and emotional abuse is a relative term. A male partner if resists of getting brutally nagged by the woman, he will be accused of subjecting the woman to verbal and emotional abuse. A woman is free to abuse their male partner verbally and emotionally. But for the male partner to even defend himself, it is a crime. If a male partner decides to answer back, he is committing a crime. Lack of unconditional obedience from the male partner is a punishable crime.

If the male partner requests to the woman to make love when the woman is not in the mood, the male partner is committing a crime. If the woman demands sex from the male partner and he refused because he is not in the mood, the male partner is said to be sexually abusing the woman. The male partner must satisfy the woman sexually as and when she likes it. When the woman is not interested in having sex with him or forces him to have sex with her when he doesn't want to, the male partner cannot complain of sexual abuse.

In every possible ways, the male partner can be legally controlled by the woman. Not allowing the woman to control the male partner, the male partner is committing a legal crime according to this Bill. The male partner will be arrested if he slightly deviates from the command given by the woman. Even if the male partner has ended the relationship with a woman in the past, the woman can still dig out the grave and complain against the male partner of domestic violence, which is usually done to take revenge. Since the protection officer will be a female, the male partner will be threatened of imprisonment if he does not do what his female partner tells him to do.

5) Only married men are in danger?
A. No. Domestic Violence Bill extends to live-in relationships too. This also includes relationship between girlfriend and boyfriend..