Domestic Violence In India
Domestic violence is a sensitive issue for society. Facing violence from family members or close relationships is physically as well as mentally painful for the victim. It is faced by many individuals and families. Any victim of domestic violence in Noida can contact our firm, Right To Law, to get justice. Our firm’s lawyers help you from the initial stage to post court proceedings to smoothen this lengthy legal process. The concept of domestic violence has now become broader in its boundaries. As per the definition of domestic violence, domestic violence means emotional, physical, sexual and economic abuse.
- Targeting one person verbally very harshly, which directly targets the confidence of that person, and when this is done by a person who is in a close relationship with the victim, then this is the doing of domestic violence to that person emotionally .
- Physical domestic violence means hurting the person physically or posing a threat to their life.
- Sexual abuse includes marital rape and non consensual sexual acts.
- Economic violence refers to controlling a person’s financial resources and taking complete control of the victim’s financial position.
If you are facing any of the above mentioned issues, you can file a complaint. In the Indian judiciary, there are different laws available to handle such crimes. If you or your friend or any family member is living in Noida or any nearby city and is facing domestic violence, then you can contact us or share our contact with the person who is affected. Our firm provides professional and genuine advice and assistance in such cases.
Best Domestic Violence Lawyers in India
- Right To Law (https://righttolaw.com)
- D K Sharma and Associates (https://dksharmaandassociates.in/)
- Lex Excel (https://lexexcel.com/)
There are multiple laws in Indian jurisdiction that deal with domestic violence cases. Let’s see some well know laws in detail.
Domestic Violence Act, 2005
This act gives protection to women from sexual, economic,verbal or physical abuse. It not only protects married women but also protects women who are in live-in relationships or other domestic relationships.
Indian Penal Code (IPC)
Section 498A of the Indian Penal Code (IPC) deals with the cruelty towards a wife from her husband or family members of the husband’s. This section also includes if any of the person in the family or the husband attack the mental or physical health of the woman, forcing her to commit suicide.
Dowry Prohibition Act, 1961
Taking dowry or giving dowry is one of the important root causes of the domestic violence of decades in India. To prevent and control this situation, the government passed the Dowry Prohibition Act, 1961. This act makes taking and giving dowry a punishable activity in India.
Juvenile Justice (Care and Protection of children) Act, 2015
The main aim of this act is to provide protection to children and take care of the interests of the children in any matter. This act also provided protection to children from domestic violence.
Reason for Domestic Violence in India
Gender inequality
Gender inequality is the main reason for domestic violence, giving male family members more importance in the family, whether it’s the husband, father, son or brother. That creates a feeling that they are greater than the women in the family. In that mentality, they hit a woman or use abusive language towards them. This is the most common reason for several cases of domestic violence.
Dowry
Dowry is another important reason behind most cases of domestic violence it even causes the murder of the wife in some cases. The government prohibited the giving or taking of dowry by passing the Dowry Prohibition Act, 1961, but still, the mentality of the people has not changed to date. Dowry remains one of the major reasons for domestic violence.
Lack of Awareness
People or especially women, in India are still not aware of the rights. Still in rural areas, women of the house faced domestic violence from their husbands or other members of the house. But if we educate those women regarding their rights and we create awareness among them, how can they file complaints of the domestic violence? That can help reduce the number of cases of domestic violence.
Right To Law (Noida)
Whether you are a victim or an offender of domestic violence cases, its gives you trouble. As a victim, you faced violence either physically or mentally, and as an offender, you faced societal trauma. Our law firm, Right To Law, helps you in this situation. If you are a victim our firm’s expert advocates represent your case in court to give you justice. If you are an offender, then with the same dedication, we defend your case in court with unique legal strategies and facts of your case.
Now let’s see in details which services are provided by our Noida based firm
Legal advice
Our lawyers study your case deeply and give you professional advice according to Indian laws on which rights are available for victims and, if you are accused, which legal defenses you can use in your case to defend yourself.
Filing a complaint
Our lawyers help a victim file a complaint under the Protection of Women from Domestic Violence Act and also help the victim file a police complaint about any physical harassment.
Protection orders
We take full care of the victim’s protection. We assist victims in filing for protection orders and other legal measures to protect the victim from any threats from the offender.
Interim orders
Our firm helps the victim obtain temporary residence or financial support by filling interim orders in domestic violence cases. We also assist the victim in securing maintenance from the abuser as per Section 125 of the Criminal Procedure Code.
Evidence Collection
Our firm’s lawyers assist in collecting all necessary documentation, arranging evidence documents, and making strong legal strategies to represent your case in the court that help the case to get favorable results from the court.
Child custody
Our advocates assist in child custody cases, representing the child’s best interests and well-being in court.
Court representation
We assist you in filing different applications for court orders such as residence orders, protection orders, or maintenance. Our firm presents your case in a very professional manner in court, arguing vigorously to protect your rights. If any domestic violence case includes cruelty towards the victim, as mentioned in Section 498A of the IPC, we represent the victim in criminal court proceedings. If you’re accused in such a case, we defend you professionally in court.
Frequently Asked Questions
Which types of domestic violence are recognized under Indian laws?
There are mainly four types of domestic violence recognized under the laws: economic, physical, verbal, and sexual violence.
Which legal remedies are available for victims of domestic violence cases?
As per the domestic violence case, victims can seek protection orders, residence orders, monetary relief, custody orders, and compensation orders.
What is interim relief, and how can it protect the safety of the victim?
Interim orders are temporary orders given by the court for the safety of the victim, such as temporary residence orders, maintenance orders, or orders providing protection from the abuser.
Which legal proof is used for proving domestic violence in court?
Medical reports, photos or videos of the victim's injuries, any written records or call records of the victim and abuser, or witness statements. Our firm's expert lawyers help you gather all the evidence needed to strongly prove your case in court.