Domestic violence: An overview of Sec 498A IPC- A case report

Abstract

Domestic violence is violence or some form of abuse including mental, physical and sexual abuse in a domestic setting, such as in marriage or cohabitation also commonly known as intimate partner violence.It is a common occurrence throughout the world but in India, it is prevalent here as the issues of dowry, male dominance and living in joint family set ups are the norm here. Therefore, these factors play an additional role in making the women, victims of domestic violence. Not only do the women suffer violence from the husband but also from the family members of the husband specially when the issue is of dowry whether lack of it or an unsatisfactory amount. The statistics do not show the correct picture as things are not reported often due to social stigma attached with it and the whole Indian mentality of worrying about other peoples’ opinion. Most of the time, only way the issue reaches the police and courts of law are when either the victim dies due to the injuries, commits suicide or reaches the hospital for treatment. Otherwise the milder forms of abuse are mostly kept well hidden.Prior to 1983, there was no provision in Indian legislation to deal with specifically with domestic violence. When the Indian Penal Code (45 of 1860), was amended in 1983, Section 498A was inserted. Section 498A deals with ‘Matrimonial Cruelty’ perpetrated on a woman. Matrimonial Cruelty in India has now been made a cognizable, Non- bailable and Non-Compoundable offence.