In India, around 29.3% women are subjected to domestic violence. However, majority of these cases go unreported. This act is a comprehensive measure to help all such women. In this presentation, we have tried to simplify the Act by focusing on 12 main points of this Act. These according to us, are the most important for empowerment of all victims who are silent sufferers at the hands cruel and inhumane treatment.
So, the twelve points are as follows :-
| Point No 1 | Meaning of domestic relationship |
| Point No 2 | Meaning of shared household |
| Point No 3 | Meaning of domestic violence |
| Point No 4 | Right to give information |
| Point No 5 | Service provider, right to free legal aid, shelter homes, medical facilities |
| Point No 6 | Section 498 A |
| Point No 7 | Approaching the Court |
| Point No 8 | Right to live in a shared household |
| Point No 9 | Reliefs in a court |
| Point No 10 | Duration of protection order |
| Point No 11 | Protection officer as a public servant |
| Point No 12 | Breach of protection order |
1.
It is a wide held belief that domestic violence happens only between a husband and wife. But this belief is entirely fallacious. Domestic violence can happen to any woman who is in domestic relationship with the accused.
Domestic relationship means where the victim and the accused live or used to live in a shared household and are related by either consanguinity, marriage, relationship in nature of marriage, members of joint family or by adoption.
This tells us that any woman related by the above mentioned relations suffering domestic violence can seek justice under this Act.
2.
One small doubt that can arise in this definiton of domestic relationship can be the meaning of shared household. But, it simply means a house where both parties have lived or are living and are related by the mentioned relations.
The aim of these first two points is to make realise that this Act is not restricted to married couples but covers other relations.
3.
A lot of people categorise domestic violence as physical violence. While that is partially true, it is not true in it’s entirety. Physical abuse is only one type of abuse under domestic violence. But, it constitutes several types of abuses such as the following :-
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
Sexual Abuse – includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman
Verbal and Emotional Abuse – (a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and
(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested
Economic Abuse – (a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, house hold necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared house hold and maintenance
This only shows us that there are numerous ways through which the mental well being of the victim can be harmed, injured or endangered which constitutes as domestic violence under this Act.
To emphasize, domestic violence is not limited to merely physical abuse. It includes sexual, verbal, emotional as well as economic abuse.
4.
According to this Act, any person can aid the victim of domestic violence in getting help. Whenever most of us come across a victim of this cruel behaviour, we motivate them to make a complaint. However, beyond that, we do not take any proactive action to help them. All we do is try to encourage them to complain but due to the fear of the accused, they keep silent and suffer silently.
This problem can be solved by aiding the victim through section 4 of this Act. According to this Act, any person can give the information about domestic violence happening or of it’s likelihood to happen to the protection officer. This opens up a new path for the victim where she can seek justice.
The main reason for reluctance to give such information is the fear of cross complain or the fear of offence being registered for meddling in affairs of others. However, according to this Act any such information given in good faith will not attract civil or criminal liability. This simply means that no offence can be registered against you if you make such complaint in good faith.
So now, the next time you come across any such case, you can simply deliver this information to the protection officer.
5.
Moving on to our next point, under this Act, service providers are to be provided in the State. The functions of these service providers are as follows –
Providing:
- legal, medical or financial assistance
- connecting the victims with protection officers.
- shelter, employment opportunities and vocational training, counselling, etc.
- recording a Domestic Incident Report themselves and forwarding it to the concerned Court or Protection Officer.
- medical checkup, especially if you are injured and forwarding the medical report to the concerned Protection Officer or police station.
The main problem that arises over here is that people have no clue about who these service providers are.
Similarly, shelter homes as well as medical facilities are available for victims under this Act but the problem is the same.
In fact, the shelter homes and medical facilites cannot refuse help if such request is made by the victim or the protection officer or a service provider.
This problem is to such an extent that victims are not even aware of free legal aid provided under this Act.
Today, we are going to provide you with all this information. Helpline Numbers –
- Domestic Violence against Women: 7217735372 (WhatsApp Number) by National Commission for Women
- National Commission for Women Helpline: 7827170170; WhatsApp- 7217735372
- Central Social Welfare Board -Police Helpline: 1091/ 1291; (011) 23317004
4. All India Women’s Conference: (011) 43389100/43389101/43389102/43389103
- Maharashtra State Human Rights Commission: +022 22092857
- Women Helpline (Domestic Abuse ) : 181
Shelter Homes –
1. Shantighar: 08828365666
2. Urja Trust: 9819806266 / +022 24124397
- Shelter Don Bosco: +022 24150562
- Bombay YMCA- Sharan Shelter : +022 28500277
- Rescue Foundation – For Girls & Women:
09820210705
Medical Facilities –
One stop crisis centres:
- Female Beggars Home, 1st Fl.R.C. Marg, Opp. Jain Mandir, Chembur(E) Mumbai-400071, contact no.: 9702962025
- Chatrapati Shivaji Maharaj Hospital Kalwa (W), Thane 400605 BARC hospital, contact no.: 7977386300
- One Stop Centre, Mumbai City, Old Building, KEM Hospital, Acharya Dade Marg, Parel, Mumbai- 400012, contact no.: 9653660408
Legal Aid Authorities –
- National Legal Services Authority: National Legal Helpline- 1516
- Maharashtra State Legal Services Authority: Toll free Helpline Number:1800 22 23 24; Tel.: 022-22691395
- District Legal Services List
- Contact numbers of different stations list
- Mumbai Cyber Station- +022 26504008
- Mumbai Police Women Helpline- +022 22633333, 103
- Maharashtra State Commission for Women: Helpline- 155209; Contact No.- +022 26592707
- Child-line: 1098
6.
Like the safeguards under this Act, many safeguards have also been made in the Indian Penal Code, one of which is Section 498- A
According to it,
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine
“cruelty” means—
- any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman;
- (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
7.
Just like while making a complaint, victims of domestic violence are also sceptical while filing an application before the Court. To relieve them out of this dilemna, this Act allows the protection officer as well as any person to make an application in front of the Magistrate on behalf of the victim.
The hearing ordinarily happens in three days of filing an applicstion. 8.
One very important thing that victims are not aware of is their right to reside in the shared household. It is seen quite often that after an incident of domestic violence, the abuser evicts the victim out of the house on the base that the house belongs to him.
However, every woman in a domestic relationship with a man has every right to reside in the shared household even though she may not have any title or interest in the same.
This can prove to be really helpful as it empowers women to stay in their house without the feeling of being dependant.
9.
After going to court, there are various ways through which the Court can help the victims. This has been illustrated through various types of orders of the Court.
Protection Order
It helps the victim in stopping the violence, preventing harassment, protecting their property and finances and regulating the actions of the perpetrator. This relief is instant as this order is passed if the Magistrate is prima facie satisfied that domestic violence has happened or there is a likelihood of it happening.
All other orders are passed when the case is disposed off. Residence Order
The residence order will ensure that the perpetrator is not able to force you out of this house, dispose off the house or will be asked to find alternative accommodation or move out of the house themselves. the actions of the perpetrator.
Monetary Order
The compensation order will ensure that the perpetrator pays compensation for the losses incurred. If your harasser does not give you the money, as ordered by the Court, you should inform the Court with the help of a lawyer. The Court will then ask the harasser’s employer/boss to pay the amount to the court and deduct it from his salary or any other person who owes the harasser money to pay the amount to the court which will then be given to you.
Compensation Order
It is 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.
Custody Order
The custody order will ensure that the perpetrator is not allowed to visit such a child or children if the court feels that it will be harmful for the child to live with the perpetrator. ordered by the Court, you should inform the Court with the help of a lawyer. The Court will then ask the harasser’s employer/boss to pay the amount to the court and deduct it from his salary or any other person who owes the harasser money to pay the amount to the court which will then be given to youaccommodation or move out of the house themselves. the actions of the perpetrator.
10.
Since we are now familiar with the fact that protection order provides instant relief to the victim, the next question which arises is that how long does this order remain in force. According to Section 25(1) of this Act, such an order is in force until the victim files for discharge. This means that this safeguard is concrete and not temporary.
11.
Now, one more important thing is the role of the protection officer. He is the same officer to whom you can give information to under our point no.4. A protection officer is additionally responsible –
- to assist the Magistrate in the discharge of his functions under this Act;
- to make a domestic incident report to the Magistrate;
- to make an application in such form and in such manner as may be prescribed to the Magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order;
- 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 in a local area within the jurisdiction of the Magistrate;
- to make available a safe shelter home, if the aggrieved person so requires;
- to get the aggrieved person medically examined, if she has sustained bodily injuries.
- And to perform other duties as specified.
While performing such duties, the protection officer acts in the capacity of a public servant. This simply means that if someone tries to obstruct him in performance of his duties, then that will attract an offence under Section 353 which is a non- bailable offence.
To put it out clearly, the accused cannot obstruct protection officer from working and if he does, he will have a non- bailable offence registered against him.
12.
The last point deals with the punishment for breach of the protection order. Again, just like on obstructing a protection officer, breach of protection order invites a non bailable offence. hence, the protection order is obeyed by the accused and if not, it leads to instant arrest.
These were the 12 main points which according to us can go a long way for empowerment of women facing domestic violence. We hope that these points are understood properly and if any doubts, please feel free to reach us on our Instagram handle –
