Domestic Violence
Domestic abuse against women is not unusual in our Indian culture. Nearly one in three women experience this throughout their lives, and the majority of them become so accustomed to it that they do not even prefer to mention it. Therefore, even in the face of strict laws and regulations, many women still experience domestic violence.
Domestic Violence: What Is It?
According to the NHFS-4 (National Family Health Survey), published by the Union Health Ministry, domestic abuse affects one in three Indian women since the age of fifteen. Furthermore, it was shown that 31% of married women had experienced physical, sexual, or mental abuse at the hands of their partners. However, the fundamental problem is that only 10% of these reported this violence. Women must be aware of their rights and how to defend them since domestic violence is a serious issue that needs to be addressed. The Protection of Women from Domestic Violence Act, 2005, was also introduced by the government to address this issue.
What does the term "Domestic Violence" mean?
The definition of "domestic violence" is given in Section 3 of the DV Act, 2005, in great detail. According to this provision, a deed or omission is only considered domestic abuse if it:
- The word "physical abuse" refers to the use of any physical force on a woman such that she sustains a physical harm or hurt. Further definitions of "physical abuse" include "criminal intimidation" (threats of harm), "physical assault" and "criminal force" (use of force against a person in order to injure him or her). Examples of these actions include "kicking, beating, abandoning, punching," "forcing her to leave her matrimonial home," "using physical force in sexual situations," "using weapons to threaten her," and "injuring her children."
- “Sexual abuse” is the use of physical force against a woman to persuade her into engaging in any hazardous, unwelcome, or demeaning sexual behaviour. In addition to calling her sexual names and inflicting physical harm on her while they are having sex, this abuse also includes forcing her to participate in consensual intercourse with a spouse or other close partner.
- Not all abusive relationships include harm to the body or violence. Similar to how many women experience physical abuse, “emotional abuse” is as harmful. This includes name-calling, blaming, isolating, frightening, exhibiting domineering behaviour, insulting, or continuously criticizing her verbally.
- The fundamental component of “economic abuse” is when a woman's husband fails to provide her with enough money so that she may support herself and her children by purchasing food, clothing, and other necessities. This mistreatment includes prohibiting women from getting jobs. In addition, depriving her of money she is entitled to under any custom or law, evicting her from her home by failing to pay rent, and restricting her access to the joint household all fall under this category. It also includes selling or alienating any moveable or immovable property, jewellery, stock or bond holdings, or other assets in which she has a stake.
What are the characteristics of Domestic Violence Act of 2005?
The Domestic Violence Act of 2005 has the aspects listed below-
- Anyone can file a domestic violence complaint on behalf of the victim. Any person includes a neighbour, family member, or social worker.
- Every woman has the right to live in the shared household without having to worry about being kicked out. She also has the right to live in a shared home, and even though there is no legal requirement for it, she may be given a portion of it for her own use.
- The respondent might be forbidden from going into the space designated for the offended party or from communicating with them in any way, including verbally, in writing, in person, electronically, or over the phone.
- Additionally, this law shields and protects against incidents that are expected to occur in the future.
- The first hearing must occur within three days beginning on the date the complaint is submitted, and the case should be resolved within sixty days of the first hearing. This act calls for swift justice.
Who can bring a case under the Domestic Violence Act of 2005?
Under the Domestic Violence Act of 2005, the "aggrieved individual" may report domestic violence. Furthermore, Section 2 of the Act defines the phrase "aggrieved person." A woman who has been in a "domestic relationship" with the respondent and alleges that he has abused her is referred to as an aggrieved person. It is also important to know that under the DV Act of 2005, even women who are sisters, mothers, widows, single women, or in any other type of relationship with the abuser are eligible for legal protection.
A child is also eligible for redress under the 2005 Domestic Violence Act. Given that the mother of such a child is permitted to apply on behalf of her young child (whether male or female). The children may also be joined as co-applicants in situations where the mother submits a court application on her own behalf.
What procedure is set forth by the Domestic Violence Act of 2005?
The steps in the process outlined by the Domestic Violence Act of 2005 are as follows-
- The people to whom information regarding domestic violence can be provided are mentioned below-
- Police Officer
- Protection Officer
- Magistrate
- Service Provider (NGO) - Tell the victim what rights she has accessible to her. The rights that the victim of domestic violence has are outlined below. The protection officer must inform the victim in question of all applicable rights.
- These women are eligible to apply for relief in the form of a residency order, protection order, financial relief, compensation order, custody order, or compensation order.
- Additionally, she is entitled to utilize the services offered by NGOs and other similar service providers.
- These ladies are also entitled to utilise the services provided by the protection officers.
- According to the Legal Services Authority Act of 1987, these women have the right to get free legal assistance.
- According to section 498-A of the Indian Penal Code, they also have the right to bring a criminal case against the responder or any of his family members.
- It is also important to remember that the appointed protection officer could face up to a year in jail and a fine of Rs. 20,000 if he or she fails to carry out the tasks that have been given to them. - Upon receiving a domestic violence complaint, the designated Protection Officer or the concerned Service Provider is required to prepare a DIR (Domestic Incident Report) in the Form 1 (as specified under the Domestic Violence Act's provisions) and submit it to the Magistrate along with copies to the police officer in charge of the relevant police station. If the woman wishes, the designated protection officer or the relevant service provider may help her file the applications for claiming relief and include a copy of the DIR with them.
- According to the DV Act of 2005, the following people are eligible to submit an application to the Magistrate-
- An individual who feels wronged,
- A protection officer, or
- Any other individual may submit a magistrate application on the other party's behalf.
- The service provider and the protection officer shall give the domestic abuse victim all necessary support.
- The people listed below are those who can be accused of violating the DV Act, 2005-
- Any adult male family member who has
- shared a home with the concerned woman
- Family members of the husband or partner
- Relatives refers to both the male and female family members of the worried male partner (after the apex court judgment in the case named Sandhya Wankhede v. Manoj Bhimrao). Additionally, it's important to remember that the designated protection officer must be notified after the magistrate has chosen the time and date for the first hearing. The informant and any other such person designated by the magistrate will be informed by this protection officer. Additionally, unless and unless the Magistrate grants an extension, the relevant protection officer must complete the same task within a period of two days beginning on the date of receipt. - The Domestic Violence Act of 2005 allows the magistrate to award the following reliefs-
- Encourage the complainant or respondent to seek counselling, either individually or jointly
- By approving a residence order, specify that the lady cannot be barred from the household or any part of it. The residence order issued by the magistrate may additionally include the items below-
a) The possessions that belonged to the harmed individual cannot be distributed or disposed of by the respondent.
b) Direct the respondent to leave the shared residence in question.
c) Prohibit the responder or any of his family members from going inside the parties' shared home, where the harmed person resides.
d) Prevent the respondent from giving up his ownership of the shared household in question.
e) Stop the respondent from getting rid of the aforementioned shared household.
- The proceedings may also be ordered to be held behind closed doors if that is deemed necessary.
.- To safeguard the woman, a protection order may be issued. The protection prohibits the respondent from doing the things stated below:
a) Committing a domestic violence offense
b) Assisting domestic abusers in their crimes
c) Entering the offended person's place of education, employment, etc.
d) Attempting to communicate with the person who is upset
e) Alienate any bank accounts or safe deposit boxes that are assets that are owned by either the parties together or the responder personally, including her Stridhan.
f) Committing acts of violence against anyone who offered safety from domestic abuse and helped the harmed person.
g) Committing any other act of this nature that is stated in the order.
- Grant financial assistance to cover the costs incurred and losses incurred by the aforementioned harmed individual and any children of that harmed person as a result of the domestic abuse.
- May also issue custody orders, which means that the party who has been wronged will receive interim custody of the child or children.
- Pay reparation or restitution for any harms incurred. The mental anguish and emotional distress brought on by the acts of domestic abuse committed by that respondent may also be included in such damages or compensation.
- Any violation of a magistrate's order will be regarded as a crime that must be dealt with in accordance with the law. The respondent in this case faces a maximum fine of Rs. 20,000 or a sentence of imprisonment lasting more than a year.