Latest NCRB report Domestic Violence cases Legal Advice Online

In this post we’ll look into the danger and reason of unreported domestic violence case in India with an comparative analysis with the increase in number of 498A cases in the past few years, based on report by NCRB.

Also Read- Domestic Violence Complaint Chandigarh Panchkula Mohali

UNREPORTED DOMESTIC VIOLENCE CASES, NCRB ALERT.

In this post we’ll look into the danger and reason of unreported domestic violence case in India with an comparative analysis with the increase in number of 498A cases in the past few years, based on report by NCRB.

Also Read- THE PROTECTION OF WOMEN FROM DOMESTIC 

DOMESTIC VIOLENCE CASES DECREASE BY 4.5% ON THE OTHER HAND CRUELTY BY HUSBAND 498A INCREASES BY 21%.

It is just an illusion that there is an decrease in number of domestic violence cases, Reality is that there is an decrease in number of reported cases. There has been no end to this pandemic of violence against women. Needed serious awareness.

ALSO READ- DECODING THE EXTENT TO WHICH DOMESTIC VIOLENCE IS UNDER-REPORTED IN INDIA

FACTS

National Crime Records Bureau information confirmed that the variety of cases registered below Section 498A of IPC for ‘cruelty by husband or his relatives’ registered a rise of 21.3% in 201 in contrast with 2018.On the opposite hand, the variety of cases registered below the Protection of Women from Domestic Violence (PWDV) Act 2005 mirrored a decline of 4.5% in 2019 over 2018.The variety of cases registered below Section 498A was 1,04,551 in 2017; 1,03,272 in 2018 and 1,25,298 in 2019 whereas the variety of cases registered below the home violence Act was 616 in 2017, 579 in 2018 and 553 in 2019.

Also Read- Get Free Legal Advice on Domestic Violence Law Matters

Highlighting this information, the parliamentary standing committee on house affairs chaired by Congress MP Anand Sharma, in its report on ‘Atrocities and Crimes Against Women and Children’, really helpful that the house ministry advise states/UTs to conduct periodic sensitisation and briefings of ground-level officers coping with PWDV Act so that girls dealing with home violence might be higher geared up to entry justice.“Due publicity should be given by states/UTs to PWDV Act through newspapers, TV channels and other means to create awareness among people. A nationwide study may also be conducted to monitor the progress with regard to implementation of various laws meant for preventing crimes against women,” the committee mentioned.The panel’s report mentioned NGO ‘Jagori’ had knowledgeable it that a number of cases of home violence went unreported.

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Reason for unreported cases.

The causes for under-reporting have been private (embarrassment, fear of retaliation, financial dependency, fear of losing kids or home societal pressure) (imbalanced energy relations for women and men in society,  privacy of the household, victim-blaming attitudes, lack of acceptance and help from natal families); and institutional (humiliation by police, entrenched patriarchal practices inside courts, insufficient shelter and short-stay houses and one stop centres.

Also Read- Discharge in False Domestic Violence Case Legal Advice

DIFFERENTS BETWEEN DOMESTIC VIOLENCE ACT AND 498A.

Section 498A of the Indian Penal Code provides a particular category of domestic Violence, its punishment, and has limited scope whereas the case filed under The Protection of Women from Domestic Violence Act, 2005 covers generally all kinds of Domestic Violence and has a wide scope.

Section 498A provides the punishment to the husband or relative of the husband on treating a woman with cruelty. Whereas, the Domestic Violence case can be filed against any person who comes within the domestic relationship including husband, parent, siblings, live-in partner, and husband’s relative. Domestic relationship in Act has been defined as a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.

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Section 498A defines Domestic Violence in the form of cruelty and cruelty has been defined as an act or conduct which, leads to grave injury or danger to life, limb or mental and physical health of a woman or, abets suicide. It also includes the harassment for dowry. On the other hand, Section 3 of the Domestic Violence Act defined domestic violence as an act or conduct.

Punishment: Under Section, 498A court punishes for domestic violence in terms of imprisonment up to 3 years and a fine while in a case filed under the Domestic Violence Act, Court, can grant the monetary compensation, monetary relief, custody of the child, residence order, and protection to a woman and can punish the protection officer, and the respondent against whom the case is filed for breach of duty and protection order respectively with imprisonment up to one year, or with fine up to twenty thousand rupees, or with both.

ALSO READ- DOMESTIC VIOLENCE CHANDIGARH PANCHKULA MOHALI FAQ’S

OTHERSIDE OF THE ISSUE

While speaking about this it will be unfair not to discuss about the other side of the issue

Domestic violence Act and section 498A has been heavily being misused. The Supreme Court has termed it “Legal Terrorism. Abuse at home is perceived in gender-specific terms. In India only women are seen as victims. Men who complain of being attacked at home or harassed by their wives are often ignored. This is violation of basic human rights also.

But only by considering this negative side we cannot completely neglect the harm for women caused by Domestic Violence.

ALSO READ- WOMEN CELL DOMESTIC VIOLENCE COMPLAINT STATS CHANDIGARH POLICE

CONCLUSION

Domestic violence is a serious, sometimes life-threatening, situation, and is about power and control. One partner is controlling the other through a pattern of physical, verbal, or mental abuse.

Domestic violence knows no boundaries. It affects people of all races, ages, sexual orientations, religions, genders, socioeconomic backgrounds, and education levels. It’s a universal problem.

Domestic violence is not easy to recognize, physical violence can be identified but what about the unspoken mental abuse.

Thus it is necessary to make the women speak about the issues and to report the situation, for that serious awareness of law is necessary.

Also Read- Domestic Violence FAQ Chandigarh Panchkula Mohali 

This post is written by Revathi Balakrishnan.

For case Specific Advice on Domestic Violence, contact TOP/EXPERT/BEST Lawyer in Chandigarh Panchkula Mohali Derabassi Kharar Zirakpur

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