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DOMESTIC VIOLENCE ACT 2005 , by kle's law college students


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DOMESTIC VIOLENCE ACT 2005 , by kle's law college students

  1. 1. THE STUDENTS’ OF KLE SOCEITY’S LAW COLLEGE, BANGALORE-10 Students’ Name: Shreenath K.P Ahanthem Peter Sri Hari Yeshey Wangchuk Sofi Kamal Hussian
  3. 3. .
  4. 4. OBJECTS AND REASONS  Domestic violence is a violence of human right within the family.  It is a law to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society.
  5. 5. .  Its 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 through a relationship in the nature of marriage or adoption.  In addition, relationships with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to legal protection under the proposed legislation.
  6. 6. .  This law enables the wife or the female living in a relationship in the nature of marriage to file a complaint under the proposed enactment against any relative of the husband or the male partner, but it does not enable any female relative of the husband or the make partner to file a complaint against the wife or the female partner.
  7. 7. PHYSICAL VIOLENCE  Beating and Hitting
  8. 8. Slapping
  9. 9. Kicking
  10. 10. Biting
  11. 11. Punching
  12. 12. Pushing and Shoving
  13. 13. Causing bodily pain or injury in any other manner
  15. 15. .  Forced sexual intercourse;  Forced to watch pornography or other obscene material;  Forcibly using you to entertain others;  Any act of sexual nature to abuse, humiliate or degrade you, or which is otherwise violation of your dignity or any other unwelcome conduct of sexual ;  Child sexual abuse.
  17. 17. .  Insults;  Name-calling;  Accusations on your character or conduct etc;  Insults for not having male child or any child;  Insults for not bringing dowry;  Demeaning, humiliating, or undermining remarks/statement;  Ridicule
  18. 18. Emotional violence  Preventing you or a child in your custody from attending         school, college or any other educational institution; Preventing you from taking up a job; Forcing you to leave your job; 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 own choice; Forcing you to marry a particular person of his/their own choice; Threat to commit suicide; Any other verbal or emotional abuse.
  19. 19. ECONOMIC VIOLENCE  Not providing you money for maintaining you or your       children; Not providing food, clothes, medicines etc, for you or children; Not allowing/stopping or disturbing you from carrying on your employment; Forcibly taking away your salary, income or wages etc.; Forcing you out of the house you live in; Preventing you from accessing or using any part of the house; Not allowing use of clothes, articles or things of general household use;
  20. 20. .  Not paying rent if staying in a rented accommodation, electric bill, etc.;  Selling or disposing or pawing your stridhan or any valuables without your consent;  Any other economic violence.
  21. 21. Violence Against the Child(below 18 yrs, both Girls & Boys)
  22. 22. Violence Against the Elder Woman
  24. 24. .
  25. 25. REMEDY
  26. 26. REMEDY  Protection orders:- Prohibit the respondent from(a) committing any act of domestic violence; (b) aiding or abetting in the commission of acts of domestic violence; (c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person;
  27. 27. . (d) attempting to communicate in any form with the aggrieved person, viz. personal, oral or written or electronic or telephonic contact; (e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the Magistrate;
  28. 28. . (f) causing violence to the dependents, other relatives or any person who give the aggrieved person assistance from domestic violence; (g) committing any other act as specified in the protection.
  29. 29.  Residence orders:- (a) restraining the respondent from dispossessing or disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household; (b) directing the respondent to remove* himself from the shared household; * Provided that no order under clause(b) shall be passed against any person who is a women.
  30. 30. . (c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides; (d) restraining the respondent from alienating or disposing off the shared household or encumbering the same; (e) restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate; or (f) directing the responding to secure same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require.
  31. 31. .  Monetary reliefs:- The expenses incurred and losses suffered including(a) loss of earning, (b) medical expenses, (c) loss of property, and (d) maintenance of the aggrieved person and her children including maintenance under Section 125 of Code of Criminal Procedure,1973 or any other law time being in force.  Custody orders  Compensation orders
  32. 32. RELIEF IN OTHER SUITS AND LEGAL PROCEEDINGS  Any relief available under this act may sought in any legal proceeding, before a civil Court, family Court or a criminal Court.  In case any relief has been obtained by the aggrieved person in any proceedings other than a proceeding under this Act, she shall be bound to inform the Magistrate of the grant of such relief.
  33. 33. POWER AND DUTIES OF PROTECTION OFFICERS, SERVICE PROVIDERS, etc.  Information to Protection Officer and exclusion of liability of informant:(a) Any person may give information about domestic violence to the concerned Protection Officer. (b) No liability, civil or criminal, to any person for giving information in good faith.
  34. 34. .  Duties of Police officers, Service providers and Magistrate:- (a) to inform the aggrieved person of her right to make an application for the relief; (b) the availability of the services of service provider and Protection Officers: (c) of her right to free legal services under the Legal Services Authorities Act,1987; (d) of her right to file a complaint under section 498-A of the Indian Penal Code, 1860, wherever relevant.
  35. 35. .  Duties of Shelter Home:- The person in charge of a shelter home shall be bound to provide shelter to the aggrieved person on being requested by the aggrieved person or on her behalf by a Protection Officer or a service provider.  Duties of Medical Facilities:The person in charge of the medical facility shall be bound to provide medical aid to the aggrieved person if requested by her or on her behalf a Protection Officer or a service provider.
  36. 36. APPEAL  There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later.