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Determining Proportionality of Compensation in Domestic Violence
Context:
The Supreme Court is hearing a petition regarding whether compensation should be based on the degree of domestic violence suffered by the victim or the financial status of the perpetrator.
Digging Deeper:
- The Bombay High Court had directed the petitioner to pay Rs 3 crore to his wife.
- The directives were given under Section 22 of The Protection of Women from Domestic Violence Act, 2005.
- The Supreme Court has to determine the correlation between compensation awarded against the degree of domestic violence suffered by the victim with the guilty party’s financial status.
The Protection of Women from Domestic Violence Act:
- The Act came into existence in 2005 and extends to the whole of India.
- The objective is to provide a wider safety net women’s rights to get a shield against violence of any kind occurring within the family.
- The Act ensures the protection of rights enshrined in the Indian Constitution, mentioned under Articles 14, 15(3), 16, 39(a), 39(d), 39A, 51(A) (e), among others.
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- Features of the Act:
- Aggrieved Person: The act defines a woman who is, or has been, in a domestic relationship with the respondent and alleges to have faced any act of domestic violence by the respondent.
- It also defines ‘domestic violence’, ‘child’, ‘dowry’, and ‘magistrate’, among others.
- Judgements within this Act should be made within 60 days of filing the case.
- Features of the Act:
- Right to Residence: Section 17 of the Act ensures the Right to residence in a shared household.
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- Seeking Reliefs: Section 12 of the Act allows an aggrieved person or anyone on their behalf to apply to a Magistrate for one or more reliefs under the Act.
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- Magistrate’s Order for Compensation:Section 22 of the Act empowers the Magistrate to order for payment of compensation and damages for the injuries caused by the acts of domestic violence.
Domestic Violence In India
- The National Family Health Survey – 5 reports that 32% of married women (18-49 years) have experienced physical, sexual, or emotional spousal violence.
- The highest was in Karnataka at 48%, followed by Bihar, Telangana, Manipur, and Tamil Nadu, and the lowest was in Lakshwadeep at 2.1%.
- The report also finds that women in the 40-49 age bracket experience more violence than those in the 18-19 category.
- The National Crimes Record Bureau (NCRB) data for 2022 also highlighted that a significant proportion of crimes against women under the Indian Penal Code (IPC) involved ‘Cruelty by Husband or His Relatives’ contributing to 31.4% of the Crimes against women.
Issues
- Illiterate women and women in nuclear families are more prone to domestic violence
- There is a cultural acceptance of domestic violence. As per the NFHS-5 survey, up to 45.4% of women and 44% of men justified wife beating.
- Lack of awareness about the legal mechanisms available.
- Economic dependence of wives on their spouses.
International Conventions and Other Indian Laws:
- CEDAW – The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted in 1979 by the UN General Assembly. The 19th recommendation of this convention talks about Violence against Women.
- The Beijing Declaration – It came into existence during the Fourth World Conference on Women convened by the United Nations in 1995. The 4th chapter of this declaration discusses Violence against Women.
- Istanbul Convention – It is a human rights treaty of the Council of Europe opposing violence against women and domestic violence.
- Bhartiya Nyaya Sanhita, 2023 – Sections 85 and 86 of the Bhartiya Nyaya Sanhita expand the definitions of ‘cruelty’ and outline the consequences for perpetrators of such cruelty
Way Forward
- Awareness programmes and Gender sensitisation initiatives – Civil Societies and NGOs can help spread awareness at the grassroots level.
- Women’s Empowerment – Improving women’s access to employment can reduce their economic dependence.
- Strengthening legal frameworks – From police stations to legal officers, the framework should be strengthened for faster justice delivery.
