Domestic violence under Indian law refers to any form of abuse or violence inflicted on a woman by a person with whom she has a domestic relationship. It is recognized and addressed under The Protection of Women from Domestic Violence Act, 2005 (commonly known as the Domestic Violence Act). This law provides a broad and inclusive definition of domestic violence, recognizing not only physical abuse but also emotional, verbal, sexual, and economic abuse. Key aspects of domestic violence under Indian law: 1. Who is protected? Only women are protected under this law. Any woman who is or has been in a domestic relationship with the respondent (the accused person) can seek protection. This includes wives, live-in partners, mothers, sisters, widows, or any female relative. 2. Who can be the accused? The accused (called the respondent) is usually an adult male who is or was in a domestic relationship with the woman. However, in certain cases, even female relatives of the husband or male partner can be made respondents. 3. What constitutes domestic violence? Under Section 3 of the Act, domestic violence includes: Physical abuse: Hitting, slapping, beating, pushing, or any bodily harm. Sexual abuse: Any non-consensual sexual conduct. Verbal and emotional abuse: Insults, name-calling, humiliation, threats, or mental torture. Economic abuse: Denial of money, food, shelter, or other basic needs; controlling finances; not allowing the woman to work. 4. What is a domestic relationship? It includes relationships like marriage, live-in relationships, joint family relationships, or any relationship in the nature of marriage where the woman resides or has resided with the respondent. 5. Legal remedies available to the victim: Protection Order – to prevent further acts of violence. Residence Order – to allow the woman to stay in the shared household or get alternative accommodation. Monetary Relief – for expenses like medical treatment, loss of earnings, or maintenance. Custody Order – for temporary custody of children. Compensation Order – for the injuries, emotional distress, or loss suffered. 6. Who helps implement the law? Protection Officers – Appointed by the government to help victims file complaints and access legal remedies. Magistrate/Court – Can pass orders for protection, maintenance, custody, etc. Police – Must assist the woman and enforce court orders. 7. Filing a complaint: A woman can file a complaint with: The nearest police station, A Protection Officer, Directly in the Magistrate’s Court. No court fees are required, and the process is meant to be simple and accessible. Important Note: Domestic violence is a civil law remedy under this Act, but certain actions (like assault, dowry harassment, cruelty) may also lead to criminal charges under sections of the IPC (e.g., Section 498A). This Act aims to protect the dignity, safety, and well-being of women in the domestic sphere and offers both immediate and long-term relief to survivors.

Domestic Violence Act 2005 is the first significant attempt in India to recognise domestic abuse as a punishable offence, to extend its provisions to those in live-in relationships, and to provide for emergency relief for the victims, in addition to legal recourse. Section 2(a) of the Act will help any woman who is or has been in a domestic relationship with the ‘respondent’ in the case. Section 2 (q) states that any adult male member who has been in a domestic relationship with the aggrieved person is the ‘respondent’ Domestic violence is defined in a comprehensive way in S. 3 of the Act, comprising: - Physical, mental, verbal, emotional, sexual and economic abuse, - Harassment for dowry, - Acts of threatening to abuse the victim or any other person related to her.

Domestic violence is a pervasive issue globally, and India is no exception. It operates as a systematic method to assert control and dominance within the confines of a household, often resulting in fear, trauma, and physical or emotional harm to the victims. The motivations behind domestic violence can vary widely, from maintaining power structures within relationships to fulfilling personal desires at the expense of others. In the Indian context, domestic violence primarily targets women perpetrated by their husbands or male family members. It's important to acknowledge that domestic violence can impact anyone, regardless of gender, age, or sexual orientation. When one talks about domestic violence, it is a systematic method to in still fear and subservience in an individual in a domestic setting like a household. The intent behind this violence can range from the compulsion to maintain the power structure of an individual over the other or to instil/coerce another individual for self-gratification purposes. Domestic Violence in India typically means violence suffered by an individual at the hands of their biological relatives but specifically covers the violence suffered by women from the male members or relatives in her family. Domestic violence has been defined by the Protection of Women from Domestic Violence Act, 2005. Prior to the Domestic Violence Act, the law governing cases of domestic violence in India were governed by Section 498-A of the IPC. There are two shortcomings of Section 498-A. First being the absence of any provision providing relief or compensation for the victim under this provision. Secondly, section 498-A was applicable only to married women. To overcome these defects the domestic violence Act, 2005 was enacted by the Centre. The reliefs provided by the Domestic Violence Act include shelter, medical facilities, protection order, compensation order, etc.