11:00 – 19:00When two people are in a romantic relationship, they are “dating.” During this stage, they participate in an activity together with the goal of determining if they would make a good partner for an intimate relationship in the future.
Teenage years are a particularly sensitive phase when adolescents tend to favour the opposite sex. In such a sensitive circumstance, they deserve greater respect, sympathy, and love from someone who would listen to them, understand them, and treat them as friends rather than punishing them for their mistakes. Because of the generational gap and the strict parenting, at times makes them feel lonely, the young people strive to obtain affection and attention from someone outside of their family. Teenagers have a strong chance of meeting their partners at their school, college, or neighbourhood, where they feel safe and acquire new relationships which turn into meeting often and extend to a Dating Relationship.
In such relationship, its observed that, an intimate partner demonstrates a pattern of coercive and abusive behaviour, often used by one person in a relationship to acquire control and influence over another person is known as dating and relationship violence. It can manifest itself in a variety of ways, including as physical aggression, coercion, threats, intimidation, seclusion, and emotional, sexual, or financial abuse. Technology is used to threaten, stalk, or harass a victim in a new kind of violence called “Digital Violence.”
Not just in India but all throughout the world, dating violence is on the rise. Dating violence affects both boys and girls as victims. Girls, though, are more likely to experience dating violence as compared to boys.
Signs of Dating Violence
You may be experiencing Dating Violence if your partner:
- Makes you feel compelled to have a sexual encounter
- Accusing you to be a liar and often blame you
- Attempting to rule over your behaviour and dominate you
- If you partner, either in person or online is stalking you
- Controls what dress you wear and how you show up in the friend circle
- Keeps you away from your loved ones, is too possessive, and protective
- Having resentment and insecurity, suspects you if you talk to others
- Continues to monitor your phone, mails, and messages without your consent
- Frequently disrespects you and holds you responsible for all of the conflicts
- Has a volatile temper and subjects you to name calling, body shaming or other forms of physical, verbal, financial and sexual abuse
- Takes your pictures and blackmails / intimidates you of sharing them on social media and threatens you
- Subjects you to consume Narcotics and Psychotropic substances (Drugs)
Legal remedies available if a Girl is subjected to Dating Violence:
You can exercise both Civil remedies and also press Criminal charges against your partner who has subjected you with Dating Violence.
Such legal remedies shall provide you compensation for the injuries suffered to both body and mind, harassment you have undergone and also damages to your reputation.
In a recent case a victim of Dating relationship filed a case at the Delhi High Court “Ms. xxxxx vs Koustav Dey” claiming a compensation of INR 3,00,00,00 (Rupees Three Crores) as a remedy for being Cheated by the partner who supressed his marital status and was actively dating this girl and continued relationship with her fraudulently.
Such victim of dating violence has many remedies beyond filing a civil suit claiming compensation and pressing criminal charges as defined in various acts including the Indian Penal Code. Few such sections she can seek criminal justice are :
- Section 67 of the Information Technology Act: Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.If your partner engages in publishing or transmitting or engages in an act that causes to be published or transmitted in the electronic form any material which contains your sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.
- According to IPC Section 292A, if your intimate partner is caught publishing defamatory or slanderous material about you, with the intent to blackmail you shall faces up to two years in prison, a fine, or both
- According to Section 354A of the IPC, a minimum sentence of one year, which may be increased to five years, and a fine may be served to your intimate partner if found guilty of sexual harassment.
- If your intimate partner violates IPC Section 354C by seeing or recording you engaged in a private act in a setting where you reasonably believe that no one would be watching, your intimate partner for such offence can be sentenced to a minimum of 1 year in jail and a maximum of 3 years in prison, as well as a fine. If found guilty of the same crime a second time or later, he might face a jail sentence of three years to seven years and a fine.It is often complained by women that their partners capture their videos / images when they change their dress or while taking bath etc… and subject them to intimidation.
- According to Section 354D of the IPC, if your intimate partner is found guilty of stalking you, he shall be sentenced to imprisonment and a fine that may not exceed three years for the first conviction, and from the second or subsequent conviction, the convicted shall be sentenced to imprisonment for up to five years and a fine.Now a days, Digital Stalking is more prevalent, which includes acts of sending you too many messages, trolling you, manipulating you to talk them online, using fake IDs and trying to approach you, sexting to you or sharing obscene material to you from messaging platforms, etc…Some landmark cases of Stalking in India are
- Santosh Kumar Singh vs State: In this case, a law graduate was stalked by the son of an IPS Officer, she was Raped and Murdered. Police took no action; the case was transferred to CBI for investigation. The High Court awarded a death sentence which was overruled by the Supreme court to Life Imprisonment
- The first instance of cyberstalking in India included Manish Kathuria vs. Ritu Kohli. The accused, was following the defendant. He sent vulgar texts to individuals while posing as her. He even gave out her address and phone number online. She started getting rude texts from others. He was punished under Sec 509 and IT Act.
- In the 2016, the case of Shri Deu Baju Bodake vs. The State of Maharashtra, a lady who had killed herself committing suicide had claimed that the continual teasing and stalking by the defendant was the cause of her death.
- The culprit in Kalandi Charan Lenka v. State of Orissa, 2017 offered to the victim for marriage, but when the marriage was not concluded, he sent obscene letters and threat mail disparaging the victim’s character. With the goal of using the victim girl as a sexual prop, the accused created a phoney Facebook account in her name. The High Court of Orissa held him guilty under section 354A, 354D of IPC, Sec 66C, Sec 66D and Sec 67 of IT Act
- If your intimate partner sends you defamatory messages, he will be subjected to punishment under Section 499 of the IPC, which carries a potential two-year jail sentence, a fine, or both
- If your intimate partners subjects you to Criminal intimidation by anonymous communication, this is an offence under Section 507 of the IPC, and if he is found guilty, he shall face a maximum sentence of two years in jail.
- According to Section 509 of the IPC, if your intimate partner intentionally insults your modesty by words, gestures, or actions shall face up to a year in prison, a fine, or a combination of the two.
Conclusion
Teen dating violence has a significant negative influence on overall wellness, opportunities, and health. Relationships that are unhealthy can develop early and endure a lifetime. The good news is that violence can be avoided, and we can all work to prevent it in young people as they develop.
Sonia and Partners is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the best lawyers in Bangalore practicing in the area of Family Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.
Feel free to write to us at mail@lawyersonia.com or call at +91 9845944896 if you wish to consult or discuss your matter.
