Domestic violence laws in India provide crucial protection for all individuals, including Non-Resident Indians (NRIs), who may face abuse or mistreatment within their relationships. The abuse may or may not arise in India. While domestic violence is often associated with individuals residing within the country, the legal framework extends to safeguard the rights and well-being of NRIs, recognizing the unique challenges they may face due to geographical distance and cultural complexities. These laws aim to protect NRIs from various forms of abuse—whether physical, emotional, sexual, or economic—and ensure that they have legal recourse to seek justice, support, and safety, regardless of their residence status. The implementation of such laws underscores the commitment to upholding human rights and ensuring that domestic violence is not tolerated, irrespective of one's location.

The legal framework protects ‘aggrieved persons’, irrespective of their status as an Overseas Citizens of India (OCI) or NRIs or Residents of India. In this article, we discuss what legal remedies are available and How to exercise those.

For the purposes of The Protection of Women From Domestic violence Act,2005 (for brevity, PWDVA), an aggrieved person is a woman who has been in a domestic relationship with the respondent (shared household and are related by blood, marriage, a relationship similar to marriage, adoption, or as family members living together in a joint family) and claims to have experienced ‘domestic violence’ by the respondent.

Domestic Violence is any action, failure to act, or behavior by the respondent if it:

• (a) Causes harm, injury, or danger to the health, safety, life, or well-being (whether mental or physical) of the aggrieved person, or has the potential to do so, including physical abuse, sexual abuse, verbal and emotional abuse, or economic abuse;

• (b) Harasses, harms, injures, or endangers the aggrieved person with the intention of coercing her or anyone related to her into fulfilling an unlawful demand for dowry, property, or valuable security;

• (c) Creates the effect of threatening the aggrieved person or anyone related to her through any behavior in the aforementioned clauses.

• (d) Otherwise causes injury or harm, either physical or mental, to the aggrieved person.

Not only do we have PWDVA 2005 as a civil remedial framework but also Indian Penal code, 1860 (now Bhartiya Nyay Sanhita, 2023) as a remedial structure for criminal consequences ensuring that victims have access to multiple avenues of justice. Sections like: 498A [now S.85 of BNS] for subjecting a woman to cruelty by Husband or his relative; 304B[now S.80 of BNS] for death of a woman caused by burns or other bodily injury within seven years of marriage; Sections 323 and 325 [now 115(2) & 117(2) BNS] addressing voluntary causing hurt and grievous hurt, applying when there is physical violence.

Key remedies available under PWDVA 2005

• Protection orders by the court to put a hault on abuser from committing domestic violence against the victim or prevent him from causing such further acts of violence(section 18, PWDVA).

• Residence orders ensuring that the victim, the woman has the full right to reside in the same household preventing her from staying in disguise and unattended(Section 19, PWDVA)

• Monetary relief for the victims for the medical expenses incurred during her treatment and loss of earnings because of the violence(Section 20&22).

• Temporary Custody order in favor of the victim for the child, considering the interest of the child(section 21).

Legal aid and counselling for the victims

Procedure for Filing Complaint: The woman (complainant) needs to file a written complaint or application regarding the domestic violence. The complaint can also be made verbally, and the Protection Officer or Magistrate will record the details in writing. The woman can approach the Family Court or Magistrate Court for a remedy under the Act. The court can provide temporary orders for protection, maintenance, or child custody during the course of the case. These interim measures guarantee the immediate safety of the victim and her dependents.

Application to NRIs: Handling domestic violence cases as an NRI can be complicated because of jurisdictional issues. Indian courts acknowledge the legal aspects of such cases, particularly when the victim has ties to India. Victims can also seek assistance from Indian consulates and embassies abroad, which can help in pursuing legal action in India.

In Sarita Sharma v. Sushila Sharma (2000 INSC 82), the Supreme Court of India addressed the issue of domestic violence committed by an NRI abroad. The case highlighted how Indian courts could intervene in domestic violence matters involving NRIs, even if the incident occurred outside India. The Court emphasized that the Protection of Women from Domestic Violence Act, 2005 (Domestic Violence Act) applies not just within India, but also to cases where the abuse occurs outside the country, as long as the woman has ties to India. The ruling ensured that victims of domestic violence, regardless of where the violence took place, could seek legal remedies under Indian laws, especially if they had a connection to India through marriage, citizenship, or domicile. The landmark ruling was significant in expanding the reach of Indian domestic violence laws beyond India's borders, ensuring that victims of domestic abuse abroad have access to legal protection and remedies available under Indian law.

In Vineeta Sharma v. Rakesh Sharma (2020)- Although this case primarily focused on issues related to inheritance and property rights, it also touched upon the complications women face in domestic violence cases involving NRIs, particularly when the spouse is living abroad. The Supreme Court ruled that Indian women, including those who have been subjected to domestic violence abroad, can seek legal remedies in India under the Domestic violence Act, 2005 if they are connected to India through marriage or other familial ties.

Even though the procedure of NRIs/ OCIs becomes complex because of certain issues, especially jurisdictional. The Supreme Court Of India has consistently upheld the jurisdiction of Indian courts in cases of domestic violence involving NRIs, especially when the woman has connections to India (such as citizenship, marriage, or residence). These rulings ensure that women subjected to domestic abuse abroad are not left without legal recourse and can seek protection under Indian laws, including the Protection of Women from Domestic Violence Act, 2005.