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Domestic violence


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Domestic violence

  1. 1. THE DOMESTIC VIOLENCE ACT 2005<br />ADITI CHOUDHARY (6004)<br />KRITI ASHOK (6033)<br />NEHA AGARWAL (6045)<br />NIHARIKA RAJORIYA (6048)<br />
  2. 2. Domestic violence can be broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, friends or cohabitation<br />It is the establishment of control and fear in a relationship through violence and other forms of abuse. <br />The violence may involve physical abuse, sexual assault and threats. <br />The abuser tortures and controls the victim by calculated threats, intimidation, and physical violence. <br />In most cases, the victims are women. Children in homes where there is domestic violence are also abused or neglected. <br />Domestic violence is a CRIME and you must seek help.<br />WHAT IS DOMESTIC VIOLENCE?<br />
  3. 3. For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it -<br />harms or injures or endangers the health, safety, life, limb or well-being, 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; or<br />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; or<br />has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.<br />DEFINITION IN SECTION 3, IPC<br />
  4. 4. Physical Assault or injury (hitting, beating, shoving, etc.)<br />Psychological or Emotional Abuse<br />Social Abuse<br />Financial Abuse<br />Sexual Assault (sexual abuse, forced sexual activity)<br />FORMS OF DOMESTIC VIOLENCE<br />A physically abused victim<br />
  5. 5. 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;<br />SEXUAL ABUSE includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;<br />VERBAL AND EMOTIONAL ABUSE includes-<br />insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and<br />repeated threats to cause physical pain to any person in whom the aggrieved person is interested.<br />FORMS OF DOMESTIC VIOLENCE<br />
  6. 6. ECONOMIC ABUSE includes-<br />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, household 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 household and maintenance;<br />disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and<br />prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.<br />FORMS OF DOMESTIC VIOLENCE<br />
  7. 7. VICTIMS<br />Domestic violence does not belong only to a specific group of people rather it occurs across all socio-economic, racial, religious, ethnic age groups.<br />1. Domestic violence happens between people who are dating married, separated and divorced.<br />2. It occurs in heterosexual as well as in gay and lesbian relationships and in adolescent dating relationships.<br /> <br />
  8. 8. Cont……<br />But the main victims of DOMESTIC VIOLENCE are WOMEN :<br />1. women represent 95% of adult victims.<br />2. between 1 and 4 million women abused per year.<br />3. lifetime risk for women is about 20%. <br /> Abusers come from all walks of life. They can be male or female, but the trend indicates men as majority of perpetrators. <br />The abuser is responsible, and there is no excuse for domestic violence. Contrary to popular belief, domestic violence is not caused by stress, mental illness, alcohol or drugs. The only true cause of domestic violence is the abuser’s choice to act violently. <br />
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  10. 10. One in every 2 women in South Asia faces violence in her home<br />21-28% women are abused by a current or former partner some time during their lives<br />47% of husbands who beat their wives do so 3 or more times a year<br />14-25% of ever-married women report being raped by their current or former husbands<br />19% to 30% of injured women seen in emergency departments are victims of domestic violence<br />25% of women who attempt suicide may have suffered domestic violence<br />STATISTICAL FACTS ABOUT DOMESTIC VIOLENCE<br />
  11. 11. Cont…..<br />1500 women are killed by their partners annually.<br />30 to 50% of all women murdered are killed by their partners.<br />Upto 6 million women are beaten in their homes annually.<br />90% of battered women never report their abuse.<br />Battering contributes to all 25-50% suicide attempts.<br />1 out of every 3 women seen in ER are victims of domestic violence as per the AMA.<br />
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  15. 15. Violence Against Women Womb To Tomb<br />• Before birth, as many as 5 million girls in India are aborted by sex selective abortion. If her mother is beaten, the unborn child can be<br />harmed in the womb, born underweight, miscarried or stillborn.<br />• As an infant, she may be one of 10,000 girl children in India who are<br />murdered by female infanticide every year.<br />• In girlhood, she may suffer physical, sexual, or psychological abuse at<br />the hands of her elders.<br />• In adolescence, she is married and pregnant before she is physically<br />and emotionally ready .<br />• As a wife, it is likely that she is battered in the home. In a UNICEF<br />review of 21 studies of violence in South Asia, over 70% of women in<br />India reported that they were physically abused by their husbands.<br />• Outcast in widowhood: She is harassed, abused, and even murdered<br />when her husband dies.<br />• Throughout her life, depression and suicide are two predictable<br />outcomes for a life endured under these conditions<br />
  16. 16. Sharad B. Sarda vs. State of Maharashtra (1984) 4 SCC 116<br />State (Delhi Administration) vs. Laxman Kumar and ors (1985) 4SCC 476<br />Vanka Radharnanohari vs. Vanka Venkato Reddy and ors (1993) SCC 4<br />State of West Bengal vs. OrilalJaiswal & anr. (1994) 1 SCC 73<br />Hem Chand vs. State of Haryana (1997) 11 SCC 552<br />Pawan Kumar vs State of Haryana (1 998) 3 SCC 309<br />IMPORTANT CASES<br />
  17. 17. During the 1980’s, far-reaching changes were introduced in our criminal laws to deal with DV<br />In 1983, DV as a specific criminal offence by the introduction of section 498-A into the Indian penal code.<br />Section 498-A of the Indian penal code covers dowry-related harassment<br />Also addresses dowry deaths in section 304-B.<br />Section 306 should be invoked when a woman commits suicide because of dowry-related harassment.<br />PREVIOUS ACTS<br />
  18. 18. Domestic Violence Bill was first introduced by NDA Government after a persistent demand from women organizations across the country.<br />There are certain criminal remedies that address domestic violence against the wife/married woman but none of them address violence against sisters, daughters, mothers and mothers- in-law. <br />The existing criminal law does not address a woman’s needs for residence or maintenance, for instance. <br />The Domestic Violence Act allows women in domestic relations with the aggressor to seek a whole range of civil remedies under a single-window clearance system.<br />NEED OF THE ACT<br />
  19. 19. The wide definition of domestic violence - physical, mental, economical and sexual - brings under its purview the invisible violence suffered by a large section of women and entitles them to claim protection from the courts.<br />To protect women from domestic violence.<br />Not that there was no law in India earlier dealing with violence against women.<br />The previous law, however, was not specific to domestic violence against women.<br />Therefore it was not very effective in controlling violence committed against women, within the family or inside the household.<br />NEED OF THE ACT<br />
  20. 20. The Protection of Women from Domestic Violence Act, 2005 is a new legislation which empowers courts to grant protection to victims of domestic violence. It also includes new concepts such as “civil wrong of domestic violence, the right to reside in a shared household and the right to protection against domestic violence by obtaining protection orders including monetary relief and custody of children orders”. <br />The objective of Act is to preserve the family and “regulate and improve matters for the future, rather than pass judgments or punish past behavior.”<br />OBJECTIVE OF THE ACT<br />
  21. 21. Commencement of the Act: This Act came into force on 26th October 2006.<br />Extent of operation: It extends to the whole of India, except the State of Jammu and Kashmir<br />It seeks to protect a woman from domestic violence committed or threatened to be committed, by an adult male member of the family or household.<br />It recognizes the right of the aggrieved woman to reside in the shared household.<br />Aggrieved woman may directly apply to the Magistrate for appropriate reliefs.<br />She may also approach the Magistrate through other agencies, such as Protection Officer, Police Officer or Service Provider.<br />LAWS<br />
  22. 22. The role of the NGOs as Service Providers has been acknowledged in the Act itself.<br />A strong support system has been created in favour of the aggrieved woman.<br />It is for the Protection Officer, Police Officer or a Service Provider to aid and assist the aggrieved or affected woman, in seeking appropriate reliefs under the Act and to ensure that the benefits flowing out of the Act are actually made available to her.<br />Aggrieved woman has a right to be informed of the facilities and services that may be available, specially with respect to legal aid, safe shelter, medical facility, etc.<br />It provides for counselling, which may pave the way for proper perspective or reconciling attitude.<br />LAWS<br />
  23. 23. It lays down scope for securing the services of welfare experts.<br />The Act insists on speedy disposal of cases and for what purpose, has fixed time-limits. For termination of various stages of legal process Sec. 12 (4) Sec 12 (5).<br />The Act provides for many remedies which an aggrieved woman may need – protection, shelter, custody of children, medical facility, legal aid, compensation, restoration of property, and monetary reliefs.<br />The Act prefers sensitized personnel for its implementation. That is why it leans in favour of active participation of the women in the capacity of Protection Officers and also as welfare experts for being more gender-sensitive.<br />LAWS<br />
  24. 24. The Act provides for remedies under the Civil Law and at the same time, creates two penal offences.<br />While the Act seeks to punish Protection officers for dereliction of duties, it intends to protect them from false or frivolous complaints. They cannot be prosecuted without any sanction of the State Government. That apart, action taken by them in good faith is protected (Sec. 35).<br />All proceedings under the Act for obtaining reliefs and also for trial of offences are to be governed by the Code of Criminal Procedure. The Magistrate may, however, evolve his own procedure in two situations u/s 12 and u/s 23 (2).<br />There are provisions in the Act, empowering the Magistrate to pass interim or ex parte orders. He may deal with emergent situations, as and when they may so require.<br />LAWS<br />
  25. 25. Protection Officers and members of the Service Providers shall be deemed to be public servants (Sec 30).<br />Both the offences created under the Act are cognizable and non-bailable.<br />Orders passed by the Magistrate may subsequently be rescinded or modified if the circumstances so require. That kind of flexibility has been in-built in the Act itself.<br />The Magistrate is under an obligation to give copies of his orders to the parties, officer-in-charge of the Police Stations and Service Providers (if associated) free of cost.<br />The Act contemplates that all the agencies, namely, Protection Officers, Police Officers and Service Providers, should act in harmony in furtherance of its objectives.<br />LAWS<br />
  26. 26. The specialty of the Act lies not only in empowering a Judicial Officers (JM, Ist class or M.M.) to deliver justice at a single window and under the same roof but also in creating a separate agency, namely cadre of protection officers and making it mandatory for them to render assistance and to extend support to the victim of domestic violence, towards giving them what are due to them.<br />The Act also relies up on Police Officers and imposes upon them specific duties to perform in promotion of its goal, in addition to their obligation to deal with cognizable offences.<br />LAWS<br />
  27. 27. LAWS<br />Involvement of the NGOs in the area of implementation of the act is another important strategy adopted by the parliament through this legislation, NGOs may get themselves registered as “Service Providers” and once they do so, they derive certain powers and obtain a degree of immunity, as laid down in section 10 (2).<br />
  28. 28. Protection order (sec. 18)<br />Residence order (sec. 19)<br />Monetary Relief (sec. 20)<br />Custody order (sec. 21)<br />Compensation order (sec. 22)<br />Interim and ex parte order (sec. 23)<br />RELIEFS AVAILABLE UNDER THE ACT<br />
  29. 29. Medical facilities (sec. 7)<br />Shelter homes (sec. 8)<br />Counseling (sec. 14)<br />Assistance of welfare experts (sec. 15)<br />Support by Protection Officers, Police Officer and Service Providers (sections 4, 5, 8, 9 and 10)<br />THE FACILITIES PROVIDED UNDER THE ACT<br />
  30. 30. Determined campaigning and lobbying by women’s organizations, significant amendments were made to the Indian penal code, the Indian evidence act and the dowry prohibition act, with the intention of protecting wives from marital violence<br />The most notable ones are sections 304b, 306 and 498a of the Indian penal code.<br />The Indian penal code was amended twice during the 1980s — first in 1983 and again in 1986 — to define special categories of crimes dealing with marital violence and abuse.<br />SALIENT FEATURES<br />
  31. 31. The Act seeks to cover those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption; in addition relationship with family members living together as a joint family are also included. <br />Even those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to get legal protection under the proposed Act.<br />"Domestic violence" includes actual abuse that is physical, sexual, verbal, emotional and economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered .<br />SALIENT FEATURES<br />
  32. 32. One of the most important features of the Act is the woman’s right to secure housing. The Act provides for the woman’s right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household. This right is secured by a residence order, which is passed by a court. These residence orders cannot be passed against anyone who is a woman.<br />The other relief envisaged under the Act is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance from the domestic violence.<br />SALIENT FEATURES<br />
  33. 33. The draft Act provides for appointment of Protection Officers and NGOs to provide assistance to the woman w.r.t medical examination, legal aid, safe shelter, etc.<br />The Act provides for breach of protection order or interim protection order by the respondent as a cognizable and non-bailable offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both. Similarly, non-compliance or discharge of duties by the Protection Officer is also sought to be made an offence under the Act with similar punishment.<br />SALIENT FEATURES<br />
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  35. 35. Domestic violence only happens to poor women.<br />Domestic violence is not caused or provoked by the actions or inactions of the woman. <br />Alcohol or drug abuse, depression, lack of money or lack of a job do not directly cause domestic violence. <br />These may be factors which may put women at greater risk of violence because of the stress created by financial hardship and relationship crises. <br />Many abusers blame the victim or other things for their violent acts and do not take responsibility for the abusive behavior.<br />Many overseas jurisdictions view acts of domestic violence as criminal acts. <br />THE MYTHS ABOUT DOMESTIC VIOLENCE<br />
  36. 36. The causes of domestic violence are not known to date. The research carried out in different parts of the world indicates that any social structure which treats women as fundamentally of less value than men is conducive to violence against women.<br />Victims of violence are predominantly women, while perpetrators are overwhelmingly males which gives credence to the theory that violence is an outcome of gender inequality.<br />In countries like Canada, Australia, New Zealand, Chile and the United States, considerable legislation has been developed to recognize and prosecute crimes of domestic violence.<br />THE MYTHS ABOUT DOMESTIC VIOLENCE<br />
  37. 37. <ul><li>A person can be violent if he/she
  38. 38. Holds rigid, traditional gender roles
  39. 39. Showing extreme jealousy and possessiveness
  40. 40. May have negative attitude towards women in general
  41. 41. Refuses to take responsibility . His mistakes or failures are always someone else's fault.
  42. 42. Shows excessive charm .
  43. 43. Is easily frustrated with little flexibility
  44. 44. Tendency to minimize, deny or lie
  45. 45. Is very selfish and has a need to always be right.
  46. 46. Uses violence as a way to handle conflicts
  47. 47. Has mood swings from high to low
  48. 48. Exhibits cruelty to animals
  49. 49. Grew up in a violent household</li></ul>WARNING SIGNS<br />
  50. 50. Any harm, injury to health, safety, life, limb or well-being or any other act or threatening or coercion, etc., by any adult member of the family, constitutes domestic violence.<br />Any woman who is, or has been in a domestic or family relationship, if is subjected to any act of domestic violence can complain.<br />Affected woman can complain to the concerned protection officer, police officer, service provider or Magistrate.<br />Aggrieved woman has right to be informed about the available services and free legal services, from the protection officer, etc.<br />Shelter-home and medical facilities can be provided to aggrieved women.<br />Interim compensation can be made available to the aggrieved woman.<br />HIGHLIGHTS<br />
  51. 51. Proceedings of the complaint can be held in camera.<br />Every aggrieved woman has a right to reside in the shared household.<br />Protection order by Magistrate can be given in favor of aggrieved women.<br />Monetary relief can be given to aggrieved woman to meet expenses or losses.<br />Appeal can be made to Sessions Court within 30 days from the order of concerned Magistrate.<br />Imprisonment upto 1 year or a fine upto Rs.20,000 or both for breach of protection order by the opposite party.<br />Protection officer can be prosecuted, upto 1 year imprisonment or with a fine upto Rs.20,000 or both for failure of his duties.<br />HIGHLIGHTS<br />
  52. 52. Domestic violence is still not viewed as a serious criminal offence by the judiciary in India. None of the judgments over the years acknowledge that domestic violence is a closed-door crime, ignored by neighbors and the community. <br />A heavy reliance on sections 498 A and 304 B of the IPC which have severe penalties on conviction, creates its own backlash, as judges want stronger and clearer proof of guilt.<br />CONCLUSION<br />
  53. 53.<br /><br />Laws against domestic violence :Underused or Abused? By MadhuKishwar <br /> <br /><br /> REFERENCES<br />
  54. 54. THANK YOU<br />Let’s All Join Hands To Mobilize Social and Legal Change To Combat Violence Against Women<br />