4. Contents
1. Introduction
2. Causes of domestic violence
3. Effects of domestic violence
4. Laws
5. How the trial is going to be held
6. Appeal
7. Punishment for false complaint
8. Limitations in initiatives against domestic violence
9. NGOs activities on domestic violence against women
10. National helpline center
11. Domestic violence against men
12. Essential steps to workable the laws of domestic violence
13. Conclusion
5. Introduction
According to Section 3 of the DVPP Act, 2010 Domestic
Violence “might take place physically, psychologically,
sexually and economically against any woman or child by
any family member with whom the victim has a family
relationship”. Domestic violence (also named domestic
abuse or family violence) is violence or other abuse in a
domestic setting, such as in marriage or cohabitation.
6. Causes of domestic violence
Low rate of education
Lack of awareness about law
Male dominance
Superstitions
Weapons and threats to kill
Lack of proper management
Nepotism
Deprivation of possession of the resources by victim
Political power
8. 2. Social Effects:
• Controlled access to services meant to help the victim
• Strained relationships with authority figures such as health care providers and
employers
• Isolation from family, friends and other supportive individuals
• Restriction in the victim's ability to escape
• Social stigma
• Social exclusion
9. 3. Psychological Effects:
• Loss of hope in the future
• Inability to trust
• Fear of intimacy
• Depression
• Low self - stem
• Sleep disturbance
• Suicidal behavior
10. Laws
The constitution of Bangladesh (Article 28 and 29 respectively)
Participation of women in national life.
Steps shall be taken to ensure participation of women in every spheres of national
life.
Women shall have equal rights with men in all spheres of the State and of public
life.
There shall be equality, irrespective of religion, race, caste, sex, of opportunity for
all citizens in respect of employment or office in the service of the Republic.
11. Domestic Violence (Protection and Prevention) Act 2010
• Domestic violence may be used as a synonym for intimate partner violence, which
is committed by a spouse or partner in an intimate relationship against the other
spouse or partner, and can take place in heterosexual or same-sex relationships, or
between former spouses or partners.
• In the broadest sense, domestic violence can also involve violence against
children, parents, or the elderly. It takes a number of forms, including physical,
verbal, emotional, economic, religious, reproductive, and sexual abuse, which can
range from subtle, coercive forms to marital rape and to violent physical abuse
such as choking, beating, female genital mutilation, and acid throwing that results
in disfigurement or death. Domestic murders include stoning, bride burning, honor
killings, and dowry deaths (which sometimes involve non-cohabitating family
member.
12. Section 3 of the act deals with different types of domestic violence as
1. Physical
2. Psychological
3. Sexual
4. Economic
Physical Abuse: physical abuse includes the conducts which cause or has the
possibility to cause damage or injury of the victim’s life, health or any organ and
her safety. To force or provoke the aggrieved party to commit any offence will be
also considered as physical abuse.
Psychological Misconduct: Psychological misconduct will encompass
i. verbal abuse, insults, neglect, threat or any utterance that lead to mental
disturbance,
ii. harassment or
iii. interference on the individual’s mobility, communication or self-expression.
Sexual Exploitation: Sexual exploitation that is any kind of treatment of sexual
nature which hampers respect, honor or dignity of the victim.
13. Economic Abuse: Economic abuse which covers; Deprivation of any economic or
financial resources or property to which the aggrieved party is entitled under any law
or custom or by order of any Court or any competent authority,
i. Prohibiting the victim from her legal rights over dower or any considerations
from marriage or any other allowance or gifts,
ii. Not to provide daily necessities,
iii. Transferring without the consent of the victim or preventing her from applying
legal rights over her assets whether moveable or immovable,
iv. Prohibiting the victim from her legal rights to continue the access to properties
or facilities on which she is entitled by virtue of the family relationship.
14. Who can seek the protection under the Act
a. Any women or children who is or has been at risk of being subjected to domestic
violence.
b. Any victim who is or has been a family relationship with the respondent.
c. Any handicapped adult who is or has been subjected to domestic violence. Any person
can file a complain on their behalf.
15. The Procedure to follow under The Domestic Violence Act A victim can get aid under
this Act going through the following procedure.
• The aggrieved/victim or on her behalf anyone (can be an Enforcement officer, a
service provider) can apply for remedy in any Court under whose jurisdiction the
applicant or respondent resides or the place where the domestic violence occurred
or where the victim temporarily resides.
• After receiving the application the Court shall set a date for hearing within 7
(seven) working days. Upon receipt of the application if the Court satisfied that
there has committed or possibility to commit or abet to commit any domestic
violence then an ex-parte interim protection order can be issued.
• Later on, the Court considering the application can issue orders namely protection
order, residence order, compensation order, custody order and in all cases the
order passed by the Court under this Act shall be given to the applicant party, the
officer in charge of the concern police station, the Enforcement office and if
applicable, any service provider.
16. • Under Chapter- 5 of the Act, the Court shall dispose of every application under
this Act from the date of issuance of notice within a period of 60 working days
and if it is not disposed within the specified time due to unavoidable reasons then
the period can be extended gradually to 15 days and again if not disposed then 7
days however the reasons should be informed in writing to the Appellate Court.
• Even if the concerned Court again fails to dispose of the case within the last
specified time then the Appellate Court can transfer the case to another
appropriate Court and this Court will dispose of the case from the stage where it
was pending.
17. How the trial is going to be held
• Any application or trial or any proceeding under this Act, according to the
Chapter- Five, shall be tried by a First Class Magistrate or Metropolitan
Magistrate as the case may be and in granting compensation order the Judicial
Magistrate or the Metropolitan Magistrate shall have no pecuniary jurisdiction.
• For disposal of any application or trial or any proceedings under this Act, the
provisions of the Code of Criminal Procedure and especially the provisions of
summary trial under Chapter XXII of the CrPC shall be applicable.
• Under this Act the trial can take place in camera either with the consent of the
parties or the Court can with its own motion if necessary. Even the order issued by
the Court shall be served to the parties according to the procedure under the CrPC
by the process server of the Court or police officer or the Enforcement Officer
within 3 working days.
• Now if the respondent is absent during trial though he is notified then the Court
can dispose of the case ex parte. On the other hand, if the complainant is absent
then the Court may reject the application but if the complainant again applies
within 30 days of such rejection and if the Court considers that there were valid
grounds then the case can be revived.
18. Appeal
For the purpose of the DVPP Act, 2010, under section 28, the Chief Judicial Magistrate
or the Chief Metropolitan Magistrate, as the case may be, shall be determined as the
Appellate Court. The aggrieved party can file an appeal against any order under the Act
within 30 working days from the date.
Punishment For False Complaint
If any person with the motive of causing loss to any other person knowing that there is
no cause of complaint under this Act, nevertheless makes a complaint , shall be
punishable with imprisonment which may extend to 1 ( one) year ,or with fine which
may extend to 50(fifty) thousand Taka, or with both (GOB,2010).
19. Limitations in initiatives against
domestic violence
• Low empowerment
• Low educational level of women
• Least opportunities to participate in political activities
• Poverty
• Dowry system
• Lack of national awareness Limited access to legal services.
20. NGO activities on Domestic
Violence Against Women
• Strengthening legal framework.
• Strengthening national capacities.
• Enhance institutional responses and justice.
• Early response and referral support
• Improving human rights and justice.
• Strengthening capacity of civil society and women organization.
• Education, training and awareness development.
21. National helpline center
For domestic violence against women and children was established in 19th
June,2012 under the Multi Sectoral Programme on Violence against Women
(MSPVAW) of the Ministry of Women and Children Affairs programme being
carried out jointly by the government of Bangladesh and Government of
Denmark.
Services are
• If they are the victim of physical assault
• If they are the victim of sexual assault
• If they are the victim of burn
• If they are threatened by anyone
• If someone wants to know information regarding violence issue
• If they are facing any kind of sexual harassment
23. • It deals with domestic violence experienced by men or boys in a domestic setting,
such as in marriage or cohabitation. As with domestic violence against women,
violence against men may constitute a crime, but laws vary between jurisdictions.
• Men who report domestic violence can face social stigma regarding their
perceived lack of machismo and other denigrations of their masculinity.
Additionally, intimate partner violence (IPV) against men is generally less
recognized by society than IPV against women, which can act as a further block to
men reporting their situation.
24. • In reality, this kind of violence is often foreshadowed by actions that may not
seem like domestic violence on the surface, but do, in fact, represent a series of
abuses against the men such as:
i. Using insults, name-calling, and other berating language
ii. Interfering with him seeing his family and friends
iii. Threatening to expose embarrassing personal information to others
iv. Showing oppressive possessiveness or jealousy
v. Restricting his spending or controlling his finance
vi. Shoving, slapping, or otherwise striking him
vii. Threatening harm to themselves or others as a way to "punish" him
25. Essential steps to workable the laws
of domestic violence
1. Increasing social awareness
2. Women education
3. Women empowerment
4. To arrange various programme related with domestic violence
5. Supply domestic violence laws to common people
6. NGOs should work for it
7. Authority should take proper steps to enable the act
8. Provide children moralities about equality
9. Decreasing gender inequality
10. The punishment should held properly that no one can repeat the violence
26. Conclusion
Domestic violence is a pandemic problem around the universe. It one of the most
invasive of all human rights violence, refusing women equality, security, dignity,
self worth and rights. It can be treated in many ways. Such as physical, sexual,
economic. To prevent domestic violence there are some laws according to
Domestic Violence Act 2010.It can held among family members. It can be affect
mostly on female and children but sometimes male members also can be violated.
These are happened mostly in rural areas but sometimes can also be seen in urban
areas. Victims of domestic violence are protected under both federal and state
laws and may seek relief in civil as well as criminal court. If we obey these laws
then we can s=easily solve the problem of domestic violence.
