Domestic violence

Hey Shrey !!

Domestic violence has a broad meaning which includes physical, s*xual, emotional, and economic abuse. You can refer to Section 3 of The Protection of Women from Domestic Violence Act, 2005 for details.

It is more of a stereotype and hardly believed that women can inflict violence on men. There are cases of physical violence as well as psychological violence against men reported in various parts of the county. Apart from that, it can also be seen that men are falsely accused of violence or dowry as well.

As for protection, there is no law till now that gives protection to men against domestic violence. The Domestic Violence Act in India is for the protection of women only. There have been reports of misuse of Section 498A IPC in the recent past.

It is the need of the hour that we should look for gender-neutral laws as well.

You can refer to this article for more details.

https://journals.sagepub.com/doi/full/10.1177/2631831819894176

Both men and women have human rights and gender equality. Gender-neutral laws are highly needed in today's world when males are wrongly accused of rape, domestic abuse, and s*xual assault. Domestic violence is a word that does not imply that only women may be victims; males can also be victims and are not the only perpetrators. Domestic violence should be considered spousal violence because it affects both men and women. Domestic violence laws in India solely protect women, not men. It creates the incorrect assumption that men can only be perpetrators, not victims. The rate of domestic violence against men is steadily rising. As a result, special provisions and amendments are necessary to create gender-neutral laws that will assist victims in obtaining redress and punishment for the perpetrator, regardless of gender. Domestic violence, which is still widespread in our culture, requires certain laws and amendments to protect both couples.

But a husband can file a case against his wife under the domestic violence Act.

In the matter of Mohd. Zakir v. Shabana & Ors., the Karnataka High Court decided that a petition under the DV Act filed by the husband or an adult man can be entertained. The High Court based its decision on the Supreme Court's decision in Hiral P. Harsora v. Kusum Narottamdas Harsora[2], in which the Supreme Court struck down a portion of Section 2(a) of the Act (defining "aggrieved person") on the grounds that it is in violation of Article 14 of the Constitution of India, and the phrase "adult male" as appearing in Section 2(q) of the Act stood deleted.

There are certain forums /Websites like Men's rights and they exclusively deal with this , they are experts in practical guidance and those websites do not charge for the advice.  There are local associations in major cities to exclusively guide members on issues like this.

Ordinary laws, particularly the provisions of the Indian Penal Code, applies in such situations.

Well advised by Ms. Jyotika Sharma, I endorse and appreciate.

Applicability of law on specific violence differs depending upon nature of cruelty inflicted.

Seek guidance of your professor / guide / tutor for such academic subjects since this platform is meant for helping needy litigants and not for providing coaching service.