1) The document provides guidance for counselors at Santwana centres on assisting women facing violence. It outlines the types of cases seen, legal remedies and processes, and information to collect from complainants.
2) Key cases include domestic violence, dowry harassment, sexual assault, and acid attacks. For domestic violence and dowry harassment, remedies under IPC and PWDVA Acts are described, including filing police complaints and applying for protection/compensation orders.
3) For sexual assault and rape, relevant IPC sections are summarized and the legal process from filing a police complaint to court hearings is outlined. Contact information is also provided for legal, medical, shelter and social support services.
Abdul Hakim Shabazz Deposition Hearing in Federal Court
A Ready Reckoner For Counselors At Counselling Centers for Women facing Violence
1. A GUIDE TO THE COUNSELORS: SANTWANA CENTRES
Following documents and informationneeds tobe collectedfromthe aggrieved
woman who approaches the centre:
Nature of help sought
Legal counselling
Emotional
counselling
Assistance to file
complaint with
the police
Assistance for
mediation/legal
aid
Financial aid
(legal, medical or
financial)
Others
Case history
Timeline of events of
violence
Nature of violence (verbal,
physical, economical)
Names of those involved in
the act (husband, in laws
and others)
Proof of marriage
(certificate, photo) and
proof of violence (hospital
records, cases with police,
witnesses)
Details of the complainant
Name Age
Marital
status
Husband's
occupation
If holder of
a BPL card
Caste
Contact
number
Place
(village,
taluk)
Suggested legal course of action for women in distress and/orfacing familial violence.
2. Spectrumof cases at the the Santwana centre:
Important points:
1. Property relatedcases,which involvesmediationforacquiring the respective propertyof the
husband’sfamily shall be referredto a lawyer for further assistance.
2. Acid attack victimswill be givenfinancial aid for further treatment.
3. Dowry deathcases shall be referredto the police.Counselingforsuch casescan be ongoing.
Santwana
centres
Domestic
violence
Sexual
assault
Dowry
harassment
Acid attack
cases
3. Domestic violence:Remedies:
IPC section 498A: This is a
criminal law underthe
Indian Penal Code under
which a woman can file a
complaint with the police.
Section 498A states that
physicalcruelty by
husband orrelativeis an
offence and they can be
imprisoned up to three
years.
The complainant should
havea copy of the FIR.
The complainant should be
well informed about the
consequences ofthe
courseof action (arrest of
the husband and others
mentioned in the
complaint)
Legal remedy
for domestic
violence (IPC
498A)
It includes physical, verbal,
emotional, sexual and
economic abuse
Not just thelegally wedded
wife but any woman who
is in a domestic
relationship with the
accused such as a mother,
daughter, sister, widow in
a joint family, wife or
second wife could claim
reliefs underthis law
The distressed woman
needs to approach
Protection Officers (PO) or
Service Providers (SP) like
the Santwanacentres in
orderto obtain various
relief measures. Presently
Child Development and
Protection Officers (CDPO)
are functioning as
Protection Officers (PO)
Complainant and the
centreneeds to havea
copy of thedomestic
incident report (DIR). The
woman needs to be
informed that if any of the
orders violated by her
husband/abusercan result
in the imprisonment up to
1 year and fine up to Rs.
20,000
Civil remedy
for domestic
violence
(PWDVA
2005)
4. Journey of a case, if the legal remedy is sought (IPC Section 498A):
Protection of WomenAgainst Domestic Violence Act 2005:
Reliefs under the PWDVA Act for women:
Woman
facing
domestic
violence
approaches
the police
station
Police take
the complaint
of the woman
(if oral
complaint is
made Police
must convert
it to writing)
First
Information
Report is
prepared
The accused
person/s are
arrested by
the police and
produced in
front of the
magistrate
within 24
hours of the
arrest
Police
investigate
the case and
charge sheet
is prepared
The case
comes to the
court for
hearing and
the final
judgment is
pronounced
Reliefs
obtained under
PWDVA (more
than onerelief
can be sought)
Protection order:
This orderis to
restrain husband or
abuserfrom causing
furtherviolence
Monetary reliefs:
maintenance
money and/or
compensation
money
Custody order:
This orderwill
help thewoman
to get custody of
her children
Residenceorder:
This orderdirects
that the woman is
not to bethrown
out of the house
5. Journey of a case under the Civil remedy (PWDVA 2005):
Dowry Harassment:Provisions andRemedies:
Followingisthe punishmentapplicable forreceivingdowry.
Journey of a dowry harassment case under Section 498 A:
Refer to the journey of the case under the legal remedyfor domesticviolence (IPCSection498A)
Women facing
domestic
violence
approaches
Protection
Officer
/Service
Provider/
Police
Complaint of
the woman is
registered (If
oral complaint
is made
PO/SP/ Police
must commit
it to writing)
Based on the
woman’s
need, she is
provided
medical help,
shelter home
and/or legal
aid
A Domestic
Incidence
Report (DIR) is
made] (similar
to FIR)
This is
forwarded to
the
magistrate,
service
provider, and
police station
PO can help
prepare the
application
for remedies
and forward
the same to
the
Magistrate
and arrange
for legal aid
A dowry case can
be brought to the
Santwana centres
by the woman
herself, her
parents, her
neighbors or any
social organisation
If the victim has
sustained injuries
or has suffered
physical, sexual,
economic violence
at the hands of the
abuser will be
treated as dowry
harassment
Dowry prohibition
act, 1961 states
that encouraging
or receiving and
giving dowry is an
offence.
The law stipulates
5 years of
punishment for
receiving dowry
and/or a fine of Rs
15,000 and
returning the
dowry.
6. Rape and Sexual Assault:
Legal remedies for rape:
All relevantsectionsneedto be added while referringthe case to the police after collectingthe details
of the sexual assault.
Section 375 of IPC: A man is said to have committedrape when he has had sexual intercourse with a
woman against her will or withouther consent.RAPE is now referredto as SEXUAL ASSAULT and
causing one or more ofthe followingacts against the will of the victim shall account to sexual assault
and are severelypunishable withimprisonmentrangingfrom sevenyears to life term and fine.
Journey of the case under this law:
Penetration of
penis into
vagina, uterus,
anus or mouth
or making the
other person do
so
Insertion of an
object into the
vagina, uterus,
mouth or anus
or making the
other person do
so
Manipulaton of
any part of the
body by
inserting in the
vagina, uterus,
mouth or anus
or forcing the
other person to
do so
Applying mouth
to either the
vagina, uterusor
anus or forcing
the other person
to do so
Touches the
vagina, breast,
anus or penis of
a person or
makes the other
person do so
Woman who is
sexually
assaulted
approaches
the police
station
Police take the
complaint of
the woman (if
oral complaint
is made Police
must convert
it to writing)
First
Information
Report is
prepared
The woman is
sent for a
medical
examination
The police visit
the place of
offence,
statements of
witnesses if
any are
recorded and
panchnama is
prepared
The accused is
arrested and
their medical
examination is
conducted
Police make
the charge
sheet after
investigation
and case
comes to the
court for
hearing
7. Provisions under the IPC Section 354:
This sectionspeaks about sexual harassment of all forms. Any person who commitsone or more of
the followingoffences shall be punishedwithrigorousimprisonmentwhichmay extendto five years,
orwith fine,or with both.
Provisions under IPC Section 376:
UnderSection
354A, sexual
harassment
constitutes
the following:
Unwelcome
physicalcontact
Demand for sexual
favours
Making sexual
remarks
Forcibly showing
pornography
Other provisions
undersection 354
354 B: Forcing a
woman to be
naked in public
354 C: :
Voyeurism:
Watching or
capturing images
of woman
engaged in private
acts
354 D: Stalking:
Persistent
attempts to
contact through
internet or
stalking resulting
in fear
376 A: Sexual
Harassment by a
police officer,
protection officer
or Stateor
Central Govt
employee
376 B: Sexual
assault on wife by
husband living
underseparation
376 C: Sexual
assault by person
in authority,
superintendent of
jail orpublic
servant
376 D: Sexual
assault by one or
more persons
(Gang Rape)
8. Other kindof help sought:
Legal, medical and/or
financial aid
Referee lawyer:
(contact number and
address)
Shelter homes:
(contact numbers and
addresses)
Police stations:
(contact numbers
and addresses)
Hospitals: (contact
numbers and
addresses)
Doctors: (contact
numbers)
NGOs and other social
welfare organisations
for public (contact
numbers and
addresses)