Laws related to domestic violence.
There is a constant change in the society regarding women. Today women are working equally with men in every field, but still domestic violence against women can be seen in every section of the society.And cases of domestic violence against women keep coming up regularly. To stop domestic violence, the Protection of Women from Domestic Violence Act was passed in 2005, under which many rights has given to women.
What is Domestic Violence?
Domestic violence has been defined under Section 3 of domestic violence act 2005. following acts come under the definition of domestic violence.
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Physical violence
Physical attack on a woman, pushing her, not getting treatment for a sick woman, causing physical pain or harm to the health or physical development of the woman etc. will be considered physical violence.
Sexual violence
Forceful sexual intercourse, forcefully showing of pornography or any act that sexually insults a woman or harms the dignity of a woman will be considered sexual violence.
Verbal and emotional violence
Insulting a woman, maligning her character, taunting her for not having a son or children, abusing or using foul language against the woman or threatening to harm her relatives will also be considered verbal and emotional violence.
Economic violence
Not providing food, clothes, medicine etc., preventing a woman from doing a job or employment or depriving a woman from any economic resource to which she is legally entitled will be considered economic violence and preventing a woman from using water, electricity etc. is also economic violence.
Who is a aggrieved woman?
Domestic Violence Act is not only for married women but also for every woman, any woman who is living or has lived in a domestic relationship with respondent. And a victim of domestic violence can demand any solution under this Act. A woman living in a live-in relationship can also demand her rights under this Act against domestic violence.
Against whom a complaint can be filed?
Under the Act, the aggrieved woman can file a complaint against any adult male with whom she has been lived or living in a domestic relationship. A married woman or a woman living in a live-in relationship can file a complaint against her husband or live-in partner or his male and female relatives. A mother-in-law can also file a complaint against her daughter-in-law.
Who can filed a complaint?
Not only the aggrieved woman but any person, relative, social worker, NGO, neighbour, etc. can file a complaint on behalf of the aggrieved woman. To file a complaint it is not necessary that an incident of domestic violence has already taken place but if someone is suspicious that domestic violence may happen with a woman then a complaint regarding the same can also be filed.
Where can a complaint be filed?
The aggrieved woman can file a complaint in any of the areas falling under the jurisdiction of the following Judicial Magistrate.
The area where the respondent lives
The area where the violence occurred.
Area where the woman was married.
Area where the woman resided after marriage.
The area where the woman has taken refuge after being thrown out from her in-laws’ house.
The National Commission for Women, State Commission for Women, organizations working for women and children, etc., complaints can also be filed on women helpline numbers 181, 1091 or help can be taken in registering a complaint.
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Major rights of a woman suffering from domestic violence?
Right to live in a shared household.
Under this right, a woman has the right to live in her in-laws’ house. Shared household means any house where the woman lives or has lived earlier with the person committing domestic violence (also called the respondent). If the woman is a member of a joint family, then she has the right to live in the joint family house and a residence order can be passed to fulfill this right.
Right to free legal aid
Under this right, the aggrieved woman has the right to get free legal service from the State Legal Services Commission. Under this right, the aggrieved woman can also get free legal advice from the State Legal Services Commission.
right to file criminal case
The victim woman also has the right to file a criminal case against the person committing domestic violence under section 85 of Bharatiya Nyaya Sanhita 2023 (498A of the Indian Penal Code 1860) or a complaint can be filed simultaneously under the Domestic Violence Act and section 85 of BNS (498A of IPC).
On the application of the aggrieved woman, the magistrate can pass the following orders:
protection order
This order has been passed to protect the aggrieved woman from domestic violence and any other type of violence. This order prohibits any person from committing any act of domestic violence, assisting in any act of domestic violence, visiting the place of work of the aggrieved woman, contacting the aggrieved woman in any manner, whether electronic, written, oral or otherwise, alienating any property of the aggrieved woman such as bank account, bank locker, dowry items etc., committing violence against the relatives and dependents of the aggrieved woman or doing any other act which is prohibited by the Magistrate.
Residence order
By this order, the Magistrate can prohibit the respondent from evicting the aggrieved woman from the shared household and from entering that part of the shared household where the aggrieved woman lives. or obstructing the entry into the part where the house is located, from transferring or renouncing her rights in the shared household, apart from this the Magistrate can also pass these orders. That the respondent should provide the victim with a residential accommodation of the same standard as that of the shared household. The respondent can also be ordered to pay rent for such residential accommodation. For enforcement of the residence order, the Magistrate can order the nearest police station to assist the aggrieved woman.
Compensation and Financial Aid Order
Many times the aggrieved woman also suffers mental torture and harassment. To compensate for the loss caused due to such torture, the magistrate can also order compensation or financial assistance to the respondent. Through this order, financial assistance is provided to the aggrieved woman and her children. Financial assistance is given to cover the losses and expenses incurred due to domestic violence. Loss of earnings, medical expenses, loss of property of the victim, etc. The amount of financial assistance given should be adequate and according to the standard of living of the aggrieved person. whole Financial assistance can be given one time or monthly installments. Financial assistance is given to aggrieved woman and her children to make them financially capable.
Custody order
During the hearing of a domestic violence case, the magistrate can give temporary custody of the children to the aggrieved woman. Or the custody can also be given to any person who applies for the custody of the children on behalf of the aggrieved woman and the Magistrate can, depending on the situation, allow the respondent to meet the children or can also stop the respondent from meeting the children.
Interim orders and ex parte proceedings
During any proceedings under this Act, the Magistrate has the power to pass any interim order. The Magistrate seems that on receiving a complaint of domestic violence or an application for passing any order If prima facie evidence of domestic violence has occurred or is about to occur, he can pass an ex parte order against the respondent. Ex parte orders are passed without hearing the respondent or without giving him an opportunity to be heard.
Author:
Advocate Aftab Fazil
Chamber No. D-715, D-Block, Karkardooma Court, Delhi
Mobile No. 9971943882,9015181526
