Aug 04,2022 | 5 min read

Is The Domestic Violence Law Getting Misused?

What is Domestic Violence?

Generally, we see female partner being harassed by her partner through many ways like as a part of “Sexual Abuse”, “Physical Abuse”, “Emotional Abuse” and etc. It is due to the consequences of taking actions such as their lives getting unsettled, they hesitate to take any such actions. However, the government enacted law for their protection i.e. “Protection Of Women From Domestic Violence Act” from the domestic violence of which the females are the victim. This act created a bias towards the female, meaning thereby under this act the woman has the favor of the court from the start.

 

Does This Act Help Women?

Yes, after commencement of this Act the favor is always on the women's part and there are some strict actions taken against the Accused under this Act. Before this Act came into place, the registration of cases of Domestic Violence were very low but after this act the number of the registration of the cases have increased.
And any victim or aggrieved person or the protection officer or any person on behalf of the aggrieved person can register a case and also be present before Magistrate, where he can take any such action as per the situation and circumstances of the case.

Section 21 of PWDV Act, 2005 depicts that this act is mainly for the women. The section grants the temporary custody of the child to the women until the case got solved. However, the question here is that what if the male has not committed any domestic violence on the women and in cases where the custody of children with their father is healthier than with their mothers. Such sections are enacted as a consequence of the history the country has witnessed and due to which innocent men are being victimized. If you are one of such victims you can contact the author Advocate Rajat Kadyan.

 

Is there a misuse of this Act?

After the commencement of PWDV Act, 2005, strict and harsher punishments are given to the male accused and strict actions are taken against them.  This results in some of the females taking wrongful benefit of the act.

The practice of family fixing the wedding of their daughter with a wealthy man and after marriage raising false allegations against the groom’s family regarding their demand for the money and physical and emotional harassment to the bride, is increasing day by day. The bride’s family take sympathy from the magistrate by showing themselves as innocent and being a victim of domestic violence and dowry system, which is actually misuse of the act against the innocents.

Isn’t the government responsible for this? Or it's the fault of male family that they didn’t see this coming. This law is for the women’s protection from being the victim of domestic violence but there is some loophole in this Act of which few people are gaining wrongful benefits.

In protecting our women from being victims of domestic violence, few males are actually being victimized because of the loopholes which is not appreciable and therefore needs to be addressed before it’s too late!!

 

Solution to stop misuse of such laws?

The loophole of these women’s protection laws is that our Legal System is in favor of the women from the very beginning. The male who are accused in such cases are also threatened to disclose all the facts even though they may not have significance with the case. This is the reality of our nation, that the woman files a false application against the male for the sake of monetary benefits. This favouritism part gets involved and both the parties are not looked upon from the same point, which then increases the filing of these false cases and consuming the time of the Indian Legal System. The data reveals that the women are directly filing cases under Section 12 of PWDV Act 2005 without even having a chance of reconciling the issues between them. The author being a advocate based in Gurgaon advise the victims to contact the best family lawyer for consultation.

 

Hence until this “Gender-Biased” law is not looked upon from the point of view of biasness that it creates in the society, the number of false cases that are getting filed will not reduce and its rampant misuse will prevail.


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ABOUT THE AUTHOR


Rajat Kadyan

Rajat Kadyan has completed his professional degree from the world level reputed Delhi University and its prestigious Campus law Center. He has a very minute and accurate acumen of law research as per the legal issue and requirement of client. He deals in RERA, Mutual Divorce, Cheque Bounce, Recovery, Writ Petition & Criminal matters. He also serving country with his pro bono services at www.Freelegaladvice.in

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