Domestic Violence Act 2005


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Domestic Violence Act 2005, Rajkot City Police

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Domestic Violence Act 2005

  1. 1. Domestic Violence Act, 2005: Protection of Women Commissioner of Police Rajkot City email: Thursday, July 11, 20131
  2. 2. Identify the acts of domestic violence Physical violence • Beating, • Slapping, • Hitting, • Biting, • Kicking, • Punching, • Pushing, • Shoving, or • Causing bodily pain or injury in any other manner. Thursday, July 11, 20132
  3. 3. Sexual violence • Forced sexual intercourse, • Forces you to look at pornography or any other obscene pictures or material, • Any act of sexual nature to abuse, humiliate or degrade you, or which is otherwise violative of your dignity or any other unwelcome conduct of sexual nature, • Child sexual abuse. Thursday, July 11, 20133
  4. 4. •Insults •Name calling •Accusations on your character or conduct etc. •Insult for not having a male child, •Insult for not bringing dowry etc. •Yelling and Screaming •Preventing you or the child in your custody from attending school, college or any other educational institutions Verbal and Emotional Violence Thursday, July 11, 20134
  5. 5. • Preventing you from taking up a job, • Forcing you to leave your job, • Preventing you or a child in your custody from leaving the house, • Preventing you from meeting any person in the normal course of events, • Forcing you to get married when you do not want to marry, • Preventing you from marrying a person of your choice, • Forcing you to marry a particular person of his/their choice, • Threat to commit suicide, • Any other verbal or emotional abuse. Contd: Thursday, July 11, 20135
  6. 6. •Not providing you money for maintaining you or your children, • Not providing food, clothes, medicines etc. for you and your children, •Stopping you from carrying on your employment or, •Disturbing you in carrying on your employment, •Not allowing you to take up an employment or, •Taking away your income , salary, wages etc., •Not allowing you to use your salary, wages etc., •Forcing you out of the house you live in, •Stopping you from accessing or using any part of the house, •Not allowing use of clothes, articles or things of general household use, •Not paying rent if staying a rented accommodation etc. Economic Violence Thursday, July 11, 20136
  7. 7. WHO IS THE VICTIM (Aggrieved person)? • Every woman (aggrieved person) or a child who is, or has been, in a domestic relationship with the perpetrator (respondent) of domestic violence can take the help of PWDV Act, 2005. Thursday, July 11, 20137
  8. 8. Who is the abuser/perpetrator of domestic violence Any adult male person (perpetrator) who is, or has been, in a domestic relationship with the aggrieved person (victim). 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. Thursday, July 11, 20138
  9. 9. Domestic Relationship • A relationship between two persons who live or have, at any of time, lived together in a shared household, when they are related by consanguinity (blood), marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family Thursday, July 11, 20139
  10. 10. Shared household A household where the victim lives or at any stage has lived in a domestic relationship either singly or along with the perpetrator and includes such a household whether • Owned, or • Tenanted either jointly by the victim and the perpetrator, or • Owned or tenanted by either of them in respect of which either of them or both jointly or singly have any right, title, interest or equity and includes such a house hold which may belong to the joint family of which the perpetrator is a member, irrespective of whether the perpetrator (respondent) or the victim (aggrieved person) has any right, title or interest in the shared house hold. Thursday, July 11, 201310
  11. 11. WHAT YOU NEED TO DO? •Raise your voice. • Talk to your friends and relatives about it. • Take the help of a NGO or police. • File an FIR (First Information Report) in the nearest police station. • Take the help of ‘The Protection of Women from Domestic Violence Act’, 2005 (PWDV Act, 2005) and contact the Protection Officer of your area and register D.I.R (Domestic Incident Report). • You can also directly go to the Magistrate. Thursday, July 11, 201311
  12. 12. HOW LAW CAN HELP YOU? Under the PWDV Act, 2005, you can get the following reliefs/orders: 1. Protection (from any act of domestic violence) order 2. Residence orders - right to reside 3. Monetary reliefs 4. Custody orders 5. Compensation orders 6. Interim and ex-parte orders NOTE: Any order made under this Act is enforceable throughout India. Thursday, July 11, 201312
  13. 13. Thursday, July 11, 201313
  14. 14. Where can you file a case against the perpetrator of domestic Violence? • You can file case in the court of Judicial Magistrate of the first class or the Metropolitan Magistrate within the local limits of the area where: • You, permanently or temporarily resides or carry on business or employed; or • Where the perpetrator permanently or temporarily resides or carry on business or employed; or • The cause of action had taken place. Thursday, July 11, 201314