Domestic violence occurs in many forms, including physical, sexual, emotional and economic abuse. It can happen between intimate partners or family members. The document outlines the different types of domestic violence and legal protections available in India, such as protection orders, residence orders, custody orders and monetary relief. It also discusses eve teasing and sexual harassment, defining them and outlining legal recourse. The key message is that domestic violence is prevalent but preventative measures and legal protections are in place.

1. Into the Light from
Darkness
By: Kajal Priya
BBA LLB, 4th Year
Galgotias University

2. Domestic Violence
Introduction
“ Bride tortured to death for dowry “ , “ School going kid succumbs to
injuries after beaten by father “.
These are all what we come to know through different forms of media.
There are more such cases which go unreported everyday. In fact , these
include ones which we witness in the neighborhood but are hesitant in
taking even a single step to reduce their occurrences.
Violence is bursting our society and it is present everywhere even also
behind of closed doors of homes across the country and all over the world,
people are being tortured, beaten and killed . And it is happening in rural
areas , cities and in metropolitan areas and among all classes whether rich
class or lower class .
This violence is towards someone who we are in relationship with, be it a
wife, husband, son, daughter, mother, father, grandparent or any other
family member. It can be a male or a female towards another male or a
female. Any one can be a victim or victimizer.
The contributing factors could be the desire to gain control over another
family member, the desire to exploit someone for personal benefits

3. What Is Domestic Violence ?
Domestic violence is a violent confrontation between family or household
members involving physical harm, sexual assault, or fear of physical harm.
Family or household members include spouses.
Types Of Domestic Violence
Domestic violence can occur in many different forms in many different
forms. Regardless of whether it is :
• Emotional
• Physical
• Sexual
• Economic

4. Emotional Violence
Emotional abuse is any use of words, voice, action or lack of action meant
to control of action meant to control, hurt or demean another person.
Emotional abuse typically includes ridicule, intimidation or coercion. At
some time in their relationship almost all couples say or even shout things
they later regret. For example telling the partner that “ no one else would
have you “.
Behaviors include :
• Demeaning the partner in front of friends or family
• Use of abusive language
• Irrational blaming of the partner
• Telling tales and false stories or playing mind games
The abuser cuts off their partner from contact to other people such as

5. family and children . Behaviors commonly used to impose social
isolation include :
• Blaming the partner’s friends or family for the couple’s “
relationship “ problems
• Monitoring phone calls , mails or visits
• Demanding an account of the partner’s daily activities
• forcing the partner to choose between the relationship and loved
ones
• creating public scenes or disturbances when the partner is out with
others
Physical Violence
Physical violence is partner abuse when it is intended to enhance
the power and control of the abuser over the partner
Physical abuse can be defined as the threat of harm or any forceful
physical behavior that intentionally or accidently causes bodily harm
or property destruction, including the following

6. • Hitting , beating , choking , pushing , slapping , kicking , pulling hair ,
biting, punching backhanding , arm twisting
• Holding the partner down or preventing from leaving
• Throwing or threatening with objects
• Refusal to get the partner help or medical attention
Physical abuse also can be used against children and pets, as well as the
partner’s friends and family.
Sexual abuse
Sexual abuse is any forced or coerced sexual act or behavior motivated to
acquire power and control over the partner. It is not only forced sexual
contact but also contact that demeans or humiliates the partner and
instigates feelings of shame or vulnerability- particularly in regards to the
body, sexual performance or sexuality.

7. Common examples are :
• Unwanted touching
• Demeaning remarks about the partner’s body or appearance
• Minimization of the partner’s sexual needs
• forcing sex or sexual actions on the partner without consent
• Coercing the partner into sex with others
• Treating the partner as a sex object
Economic violence
Financial abuse is the use or misuse, without the partner’s freely given
consent, of the financial or other monetary resources of the partner or of the
partnership
Common examples of financial abuse include :
• Forbidding the partner to work
• Refusing to work , yet contributing to expenses

8. • Controlling shared resources , including bank accounts and common
property
• Demanding the partner’s sign over paychecks or denying access to liquid
assets, like mutual funds

10. Reliefs
• Protection order
• Residence order
• Custody
• Monetary relief
• Compensation
Protection order
The Magistrate may, after giving the aggrieved person and the respondent an
opportunity of being heard and on being prima facie satisfied that domestic
violence has taken place or is likely to take place, pass a protection order in
favour of the aggrieved person and 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;

11. • (d) attempting to communicate in any form, whatsoever, with the aggrieved
person, including 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;
• (f) causing violence to the dependants, other relatives or any person who
give the aggrieved person assistance from domestic violence;
• (g) committing any other act as specified in the protection order

12. Residence Order
• (1) While disposing of an application under sub-section (1) of section 12,
the Magistrate may, on being satisfied that domestic violence has taken
place, pass a residence order—
• (a) restraining the respondent from dispossessing or in any other manner
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;
• (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 of 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 respondent 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:

13. • Provided that no order under clause (b) shall be passed against any
person who is a woman.
• (2) The Magistrate may impose any additional conditions or pass any other
direction which he may deem reasonably necessary to protect or to provide
for the safety of the aggrieved person or any child of such aggrieved
person.
• (3) The Magistrate may require from the respondent to execute a bond,
with or without sureties, for preventing the commission of domestic
violence.
• (4) An order under sub-section (3) shall be deemed to be an order under
Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974) and
shall be dealt with accordingly.
• (5) While passing an order under sub-section (1), sub-section (2) or sub-
section (3), the court may also pass an order directing the officer-in-charge
of the nearest police station to give protection to the aggrieved person or to
assist her or the person making an application on her behalf in the
implementation of the order.

14. • (6) While making an order under sub-section (1), the Magistrate may
impose on the respondent obligations relating to the discharge of rent and
other payments, having regard to the financial needs and resources of the
parties.
• (7) The Magistrate may direct the officer-in-charge of the police station in
whose jurisdiction the Magistrate has been approached to assist in the
implementation of the protection order.
• (8) The Magistrate may direct the respondent to return to the possession of
the aggrieved person her stridhan or any other property or valuable
security to which she is entitled to.

15. Custody
Not with standing anything contained in any other law for the time being in
force, the Magistrate may, at any stage of hearing of the application for
protection order or for any other relief under this Act grant temporary
custody of any child or children to the aggrieved person or the person
making an application on her behalf and specify, if necessary, the
arrangements for visit of such child or children by the respondent:
Provided that if the Magistrate is of the opinion that any visit of the
respondent may be harmful to the interests of the child or children, the
Magistrate shall refuse to allow such visit.

16. Monetary relief
• (1) While disposing of an application under sub-section (1) of section 12,
the Magistrate may direct the respondent to pay monetary relief to meet
the expenses incurred and losses suffered by the aggrieved person and
any child of the aggrieved person as a result of the domestic violence and
such relief may include but is not limited to—
• (a) the loss of earnings;
• (b) the medical expenses;
• (c) the loss caused due to the destruction, damage or removal of any
property from the control of the aggrieved person; and
• (d) the maintenance for the aggrieved person as well as her children, if
any, including an order under or in addition to an order of maintenance
under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or
any other law for the time being in force.
• (2) The monetary relief granted under this section shall be adequate, fair
and reasonable and consistent with the standard of living to which the
aggrieved person is accustomed.

17. • (3) The Magistrate shall have the power to order an appropriate lump sum
payment or monthly payments of maintenance, as the nature and
circumstances of the case may require.
• (4) The Magistrate shall send a copy of the order for monetary relief made
under sub-section (1) to the parties to the application and to the in-charge
of the police station within the local limits of whose jurisdiction the
respondent resides.
• (5) The respondent shall pay the monetary relief granted to the aggrieved
person within the period specified in the order under sub-section (1).
• (6) Upon the failure on the part of the respondent to make payment in
terms of the order under sub-section (1), the Magistrate may direct the
employer or a debtor of the respondent, to directly pay to the aggrieved
person or to deposit with the court a portion of the wages or salaries or
debt due to or accrued to the credit of the respondent, which amount
may be adjusted towards the monetary relief payable by the respondent

18. Compensation
In addition to other reliefs as may be granted under this Act, the Magistrate
may on an application being made by the aggrieved person, pass an order
directing the respondent to pay compensation and damages for the injuries,
including mental torture and emotional distress, caused by the acts of
domestic violence committed by that respondent

19. Whom to approach ?
• Protection officers
• Service Providers (NGO)
• Helpline no. 181
Appointment to Protection Officers
• (1) The State Government shall, by notification, appoint such number of
Protection Officers in each district as it may consider necessary and shall
also notify the area or areas within which a Protection Officer shall
exercise the powers and perform the duties conferred on him by or under
this Act.
• (2) The Protection Officers shall as far as possible be women and shall
possess such qualifications and experience as may be prescribed.
• (3) The terms and conditions of service of the Protection Officer and the
other officers subordinate to him shall be such as may be prescribed.

22. Eve Teasing
What is Eve Teasing ?
Eve teasing is a euphemism used in India, Bangladesh and Pakistan
for sexual harassment or molestation of women by men. Considered
a growing problem throughout the subcontinent, eve teasing ranges
in severity from sexually suggestive remarks to outright groping.
Some guidebooks to the region warn female tourists that eve teasing
may be avoided by wearing conservative clothing, though eve
teasing is reported both by Indian women and by conservatively-
dressed foreign women.
In recent years the Indian government has made some efforts to
round up eve teasers. The deployment of plain clothed female police
officers for the purpose has been particularly effective.

24. Legal redress
• Although Indian law doesn't use the term 'Eve Teasing', victims earlier
usually seek recourse through Section 294 of the Indian Penal Code, which
sentences a man found guilty of making a girl or woman the target of
obscene gestures, remarks, songs or recitation to a maximum jail sentence
of three months. Section 292 of the IPC clearly spells out that showing
pornographic or obscene pictures, books or papers to a woman or girl
results in a fine of Rs.2000 with two years imprisonment for first offenders.
In the case of a repeated offence, the offender may have a fine of Rs.5000
with five years imprisonment imposed. Under Section 509 of the IPC,
obscene gestures, indecent body language and negative comments directed
at any woman or girl or exhibiting any object which intrudes upon the
privacy of a woman, carries a penalty of imprisonment for one year or a
fine or both. The Criminal Law (Amendment) Act, 2013 introduced
changes to the Indian Penal Code, making sexual harassment an expressed
offence under Section 354 A, which is punishable up to three years of
imprisonment and or with fine. The Amendment also introduced new
sections making acts like disrobing a woman without consent, stalking and
sexual acts by person in authority an offence.

25. • The National Commission for Women (NCW) also proposed No 9. Eve
Teasing (New Legislation) 1988.The Indian Parliament has passed The
Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013, which add protections for female workers in most
workplaces. The Act came into force from 9 December 2013.

27. Sexual Harassment
What Is Sexual Harassment ?
• “Sexual harassment is being forced to have sexual interaction that you don't
want to have. It's in an environment where a woman is always being
sexually aggressed against and has to tolerate that, or she has no job….”
• , sexual harassment is any form of sexual behavior which is unwelcome
and unwanted such as physical contact, a demand for sexual favors,
sexually colored remarks, showing obscene pictures and pornography and
any other verbal or physical conduct. It could be subtle, covert, explicit,
repeated and prolonged or a one time event.
• , it was reiterated that ‘any action or gesture which, whether directly or by
implication, aims or has the tendency to outrage the modesty of a female
employee, must fall under the general concept of the definition of sexual
harassment’. This basically implies that it is not just physical contact which

28. constitutes sexual harassment. Moreover, sexual harassment is defined not
by the intention of the harasser. YOU decide if it is sexual harassment. And
it is so, if you find it offensive or become uncomfortable!
Who can be the victim?
Studies show that sexual harassment can happen to anybody, anywhere, of
any age and at any time. While it happens mostly to women, even a man
can become a victim. In a same-sex relationship, the perpetrator is a man
against a man or a woman against a woman.
Who is the perpetrator?
Again, it could be anybody. The perpetrator could be known to you or
could be a stranger. Sexual harassment is not about sex, it is about power
play. A man harasses because he thinks he can.
Where can it happen?
It could happen in a public place, in the privacy of the home, at the
workplace and in college/campus. We will be dealing with each one
separately.

29. Who is to blame for the act of sexual harassment?
People might imply that you i.e. your clothes, time, or attitude had
something to do with it. It’s not you but the perpetrator who should be
accused!
Clothes have anything to do with it?
No. Sexual harassment has nothing to do with your clothes. Wearing
Western/ tight/ short clothes is not the reason for harassment. Those are
merely the excuses men (and women) give to shift the blame onto the
victim. Men also harass women who are ‘decently’ dressed. They harass
ALL women, irrespective of their clothing or age.

30. Preventing Sexual Harassment
• Preventing sexual harassment must be an ongoing priority. Training that
occurs over time, across settings, and includes the entire faculty, staff, and
administrative personnel will be more effective than a one-time session of
training for the teachers.
• Classes covering civil rights, diversity, or tolerance can include the topic of
sexual harassment, and provide opportunities for ongoing discussion about
respectful behaviour. In addition to integrating this topic with existing
coursework, specific materials about sexual harassment should be available
for classroom use. Although a short video clip about sexual harassment
may be appropriate to start a discussion, a video in isolation is not as
effective as a discussion in changing student attitudes and behaviour.
• Students prefer to talk with adults and peers about their observations,
feelings, and experiences. Materials to assist with classroom and school-
wide training on sexual harassment are listed in the “Resources” at the end
of this handout