THE UNIQUE FEATURES OF THE ACT. I1. Thrust Is On The Right Of Women To Live A Life Free From Violence.2. Other Laws Give Protection To Spouse Or Women Generally; Whereas This Act Protects All Women Living In Domestic Relationship. It Is Noteworthy That The Act Even Protects The Victims Of Bigamy And Of Voidable Marriages. It Protects Even A Female Partner Living In A Relationship In The Nature Of Marriage.3. The Women Can Continue Residing In The Shared Household Even After Lodging Complaint Against The Male Relatives.4 The Act Emphasizes The Right Of The Aggrieved Woman Rather Than The Punishment Of The Respondent.5. The Act Especially Has Got Special And Speedy Mechanism By Providing For Authorities Like Protection Officer, Service Providers, Besides Police Officers. 2
THE UNIQUE FEATURES OF THE ACT. II6. The Act Adopts Civil And Criminal Procedure In Protecting The Rights Of The Women: (A)magistrate Can Pass Civil Orders Granting Payment Of Compensation Or Damages On Receipt Of Application Under Section 12 Of The Act. (B) Criminal Action Amounting To Imprisonment And Fine Can Be Taken Against The Respondent On Breach Of Such Orders.7. The Act is a boon for those women whose rights are curtailed by Personal Laws.8. All reliefs available in the Act are additional reliefs since these have already been made available to the aggrieved party through other civil/criminal/Family Courts. 3
THE RIGHTS OF THE AGGRIEVED PARTY.1. Right to assistance from Protection officers and Service Providers regarding (a) information about the rights and reliefs under the Act. (b) submission of any application or complaint under the Act.2. Right to get protection from domestic violence.3. Right for peaceful residence in the shared household wherein she was living.4. Right to regain possession of property such as sridhan, jewellery and other personal belongings.5. Right to get medical assistance, shelter, counseling and legal aid.6. Right to get compensation for any physical or mental injury or monetary loss.7. Right to get copies of complaints, statements and other relevant papers.8. Right to get assistance from Protection Officer and Service Providers to be rescued from any danger. 4
WHAT IS DOMESTIC VIOLENCE 5Domestic violence means any act, omission or commission or conduct of the respondent which shall constitute domestic violence in case it –a) Harms or injures or endangers the health, safety, life, limb or wellbeing, 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; orb) 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; orc) Has the effect of threatening the aggrieved person or any other person related to her by any conduct mentioned in clause (a) or clause (b); ord) Otherwise injures or causes harm, whether physical or mental, to the aggrieved person. 5
6 Every woman who lives or has lived in a domestic relationship with the respondent against whom she has made a complaint about domestic violence is guaranteed protection. The relationship may be: by Birth, that is, abuses between parents and children and brother and sister. By marriage, if wife abused by husband or his relatives, male or female. Relationship in the nature of marriage. By way of adoption, abuse by father of daughter, son of mother. Joint family relationship; uncle-neice, nephew-aunt, grandson-grandma.The aggrieved person in all the cases shall invariably be a woman. While the Act encompasses even relationships outside wedlock, the provisions under section 498-A, I.P.C. permits cruelty in marriage only. 6
7PROTECION FROM WHOM ? In matrimony the respondent shall ordinarily be the male but a relative of the male partner can also be a respondent. Though the woman can make complaint against mother-in-law or other in- laws, it cannot be possible for the mother-in-law or other in-laws to make a complaint against her daughter-in-law, etc, under the Act. In domestic relationships outside matrimony the respondent unfailingly shall be a male. In either case only a woman can be an aggrieved person who is entitled to make complaint. If the perpetrator is below 18 he is not liable and protection is not available under the Act. 7
8. Who can give information/complaint, and towhom? 1.The abused woman can give complaint. 2. If the victim is a child, the mother or guardian can… 3. A person who knows that domestic violence has been or being or likely to be committed---can give complaint to the Protection Officer or Service Provider or Police Officer or Magistrate. 8
What is a Domestic Incident Report. D.I.R. is a record in the prescribed Form (1 of the Act) of the fact of the incident of domestic violence. It is quite similar to F.I.R. with exact details of the incident and whereabouts of the aggrieved person and the respondent as well. It has to contain details of relationship, present place of residence, children. List of documents, namely, medical reports, list of property as sridhana. The nature of relief/order prayed for. Nature of assistance required by the aggrieved person, relating to shelter, medical facility, legal aid, etc. The Protection Officer and the Service providers exclude others in the duty to prepare the D.I.R. 9
10. PROTECTION ORDERS Protection Orders, s.18: restraint the respondent from1. Committing, aiding, abetting any act of domestic violence against the aggrieved person or persons who protect her.2. Entering the premises of the aggrieved person, if it is a child, the school.3. Attempting to communicate4. Operating bank accounts/lockers used jointly/separately including sridhan without the permission of the Magistrate.5. Alienating property.6. Use of liquor or possession of dangerous weapons/explosives. 10
11 OTHER RELIEFS AND ORDERS. 1.Residence Orders, s. 17: entitles the aggrieved woman to stay on in the shared household, irrespective of her title. The magistrate may also order restraining the respondent from disturbing the woman from the peaceful enjoyment of the residence. If found otherwise he may also be removed. He may be restrained from alienating, disposing, encumbering the household The magistrate may also order to secure alternate accommodatio for the aggrieved woman or pay rent for the same. However, a woman respondent cannot be asked to remove herself from her residence. Besides the two, there are other reliefs in the nature of Monetary reliefs and Custody and compensation Orders available to the 11
12 BREACH OF PROTECTION ORDERS. Breach of Protection order is an offence punishable with imprisonment of one year or with a fine upto Rs. 20000/- or with both. The aggrieved woman, on breach, can inform the Protection Officer or lodge a complaint to Police or before the Magistrate. The Protection Officer can, with the assistance of the Police, immediately rescue the woman. The breach is a cognizable, non-bailable offence under Ss.31&32 of the Act. On receipt of complaint, the Police can register F.I.R. and proceed the matter accordingly. The Magistrate, preferably by the one who has issued the order, has to try(summarily) the case like any other criminal case. The commission of the breach of the order can be concluded by the sole testimony of the woman. 12
13. Inaction without Sufficient cause and Action in Good Faith With the previous sanction of the State Government the Protection Officer can be punished if he fails or refuses to discharge his function without sufficient cause, S.33(Quantum at par with the breach by the respondent). Action in good faith: If the informant has acted in good faith he will not be liable for any criminal or civil proceedings.(s.4) Similarly the acts of the Protection Officer, in good faith, will have the legal protection and that he will not be liable.(s.35) 13
A particular slide catching your eye?
Clipping is a handy way to collect important slides you want to go back to later.