Ties That Harm: Rethinking Legal Protection Against Familial Violence Beyond The Spouse
- IJLLR Journal
- Jun 15
- 2 min read
Geetika Garg, Chanakya National Law University, Patna
ABSTRACT
When we think about domestic violence, it is often framed in terms of spousal violence or partner violence. However, many people actually face serious violence from family members whether it be by parents, siblings, adult children, grandchildren, relatives or caregivers. This violence is equally damaging as that we normally consider, but it is rarely talked about and is hardly recognized by Indian law. Current legal frameworks emphasize domestic violence by partner but leaves a huge gap when it comes to protecting individuals from abuse that happens in other family relationships.
This paper talks about familial abuse that is non-spousal it is something that is often treated as a personal or "private matter" rather than taken seriously as an explicit concern of the law. Whether it be an elderly parent being harmed by their adult children or a sibling subject to perpetual emotional harm at their family home, the fact is that familial abuse is frequently not called out and is not reported. This study aims to address the issues related to the absence of legal framework providing recognition to such cases in India and to look at how other countries have addressed similar issues more inclusively.
What makes this issue even more complex is how the legal system usually treats families as a single unit rather than looking at the power dynamics within them. This paper argues that we need to shift from a one-size-fits-all understanding of family to a more nuanced view that recognises internal hierarchies, dependencies, and vulnerabilities. By doing so, we can begin to imagine legal reforms that respond not just to violence, but recognize the broader context in which violence can be perpetuated, without opposition.
