Domestic Violence Against Women-Law Notes-Law relating to Women & Children
Introduction
“Violence” is an act of aggression, it is a coercive instrument to assert one’s will over another, to prove or feel a sense of power. The term “domestic violence” denotes the incidents of verbal, physical, or psychological abuse often in the form of violence mainly on woman in the family.
Many of the victims of domestic violence are at a risk of further violence or even death when they attempt to leave abusive relationship. Thus, most of the incidents of domestic violence go unreported because women are more reluctant to bring a complaint against a member of their family.
Violence against women is recognised internationally. The Vienna Accord of 1994 and the Beijing Declaration and the Platform for Actions (1995) have acknowledged that domestic violence is undoubtedly a human right issue. The UN Committee on CEDAW in its general recommendations has recommended that State parties should act to protect women against violence of any kind, especially that occurring within the family.
In 1983, through The Criminal Law (Amendment) Act, section 498-A was introduced in IPC. This section deals about ‘cruelty’ against women committed by their husbands and in-laws. But this provision in IPC was not sufficient as many other related offences are not enough to deal with the complexities of domestic violence like, criminal remedy will only serve to punish the abuser and is not sufficient to address the needs of the victim who has to stay within that family.There is no other provision in IPC to deal with violence against women.
Indian Law on Domestic Violence
Our Parliament had started debates on “domestic violence bill” since 2001 but could introduced only in 2005. This Act is in force since Oct 2006 and contains five chapters with 37 sections. This Act may be called as “The Protection of Women From Domestic Violence Act, 2005”.
The Preamble of the Act provides that, “This Act has been passed with a view to provide for more effective protection of the rights of women guaranteed under the Constitution, who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.
Definitions
Section 2(a) “aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;
Section 2(b) “child” means any person below the age of eighteen years and includes any adopted, step or foster child;
Section 2(f) “domestic relationship” means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;
Section 2(k) “monetary relief” means the compensation which the Magistrate may order the respondent to pay to the aggrieved person, at any stage during the hearing of an application seeking any relief under this Act, to meet the expenses incurred and the losses suffered by the aggrieved person as a result of the domestic violence;
Section 2(s) “shared household” means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent …and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity …and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household;
Section 2(n) “Protection Officer” means an officer appointed by the State Government under sub-section (1) of section 8;
Section 2(q) “respondent” means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act: Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner;
Section 2(t) “shelter home” means any shelter home as may be notified by the State Government to be as helter home for the purposes of this Act.
Definition of domestic violence (Section3)
For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it –
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation I.-For the purposes of this section,-
(i) “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;
(ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
(iii) “verbal and emotional abuse” includes- (a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; (b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.
(iv) “economic abuse” includes— (a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom (b)disposal of household effects, any alienation of assets whether movable or immovable, (c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.
Explanation II.—For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence” under this section, the overall facts and circumstances of the case shall be taken into consideration.
Service Provider
Section 10(1) of the Act defines Service Provider.
Subject to such rules as may be made in this behalf, any voluntary association registered under the Societies Registration Act, 1860 (21 of 1860) or a company registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force with the objective of protecting the rights and interests of women by any lawful means including providing of legal aid, medical, financial or other assistance shall register itself with the State Government as a service provider for the purposes of this Act.
Section 10(2) provides certain powers to the service providers, like, record the domestic incident report & forward a copy thereof to the Magistrate and the Protection Officer, get the aggrieved person medically examined, ensure that the aggrieved person is provided shelter in a shelter home.
Information to Protection Officer and exclusion of liability of informant
Section 4 provides that, any person who has reason to believe that an act of domestic violence has been, or is being, or is likely to be committed, may give information about it to the concerned Protection Officer and no liability, civil or criminal, shall be incurred by any person for giving in good faith of information
Duties of police officers, service providers and Magistrate
Section 5 has prescribed duties of police officers, service providers and Magistrate towards aggrieved person of informing the rights of aggrieved person their rights when they receive the complaints.
Provisions for shelter homes and medical facilities
Section 6 provides that ‘If an aggrieved person or on her behalf a Protection Officer or a service provider requests the person in charge of a shelter home to provide shelter to her, such person in charge of the shelter home shall provide shelter to the aggrieved person in the shelter home’.
Section 7 provides that, ‘If an aggrieved person or, on her behalf a Protection Officer or a service provider requests the person in charge of a medical facility to provide any medical aid to her, such person in charge of the medical facility shall provide medical aid to the aggrieved person in the medical facility’.
Appointment and Functions of Protection Officer
Section 8 of the Act empowers the State Government to appoint the Protection officer in each district as it may consider necessary and as far as possible a woman to be appointed as a protection officer. Section 9 provides Duties and functions of Protection Officers like, to assist the Magistrate,to make a domestic incident report to the Magistrate, to ensure that the aggrieved person is provided legal aid,to maintain a list of all service providers providing legal aid or counselling, shelter homes and medical facilities, to make available a safe shelter home,to get the aggrieved person medically examined, and to perform such other duties as may be prescribed.
Right to reside in a shared household
Section 17 (1) Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same. (2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law.
Protection orders
Section 18 of the Act empowers the Magistrate to provide protection orders in favour of the aggrieved person if prima facie he is satisfied that domestic violence has taken place or is likely to take place.He can prohibit the respondent from committing any acts as specified in the protection order for eg committing any act of domestic violence, aiding or abetting in the commission of acts of domestic violence etc.
Monetary reliefs
Section 20 provides that, While disposing of an application by the aggrieved person,the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and, As per Section 22, In addition to other reliefs as may be granted under this Act, the Magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent.
Penalty for breach of protection order by respondent
Section 31 provides that, A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.The offences for breach of protection order or an interim protection has been made cognizable and non-bailable.
Conclusion
To sum up, the rights of an aggrieved woman under the Act are as follows :
Right to get reliefs, such as, protection orders, monetary relief, custody order of her children, compensation order.
Women’s right to reside in shared household. Right to alternate accommodation if required. Right to services of protection officers and service providers.