Domestic Violence Act - 2005, for women suffering from domestic violence-घरेलू हिंसा से पीड़ित महिलाएं

Domestic Violence Act - 2005

(Women's Suffering from Domestic Violence)

घरेलू हिंसा से पीड़ित महिलाएं

Domestic Incident Report (DIR)

• DIR in Form 1 (as provided in the Domestic Violence Act) is the first thing to be done by the person suffering from domestic violence and submit the same to the Magistrate and copies of the same to the police officer in charge of the concerned police station.

Types of Violence:

• Causing hurt, injury or danger to life, limb, health, safety or well-being, whether mental or physical.
• Causing harm, injury, or danger to the woman with an intention of any demand for dowry.
• “Physical abuse" includes hurt of any kind. Assault, criminal intimidation and criminal force.
• “Sexual abuse" such as conduct of a sexual nature such as forced sexual intercourse, forcing the aggrieved person to watch pornography or other obscene material. Forcibly using woman to entertain others, any other act of sexual nature, abusing, humiliating, degrading or otherwise violative of one’s dignity.

• “Verbal and emotional abuse" such as Accusation/aspersion on character or conduct. Insult for not brining dowry, Insult for not having a male child. etc. Preventing from marrying a person of your choice.

• "Economic abuse" such as not providing money for maintaining woman or her children Not providing food, clothes, medicine. etc, Forcing woman out of the house. Forcibly taking away salary, income or wages etc. Non-payment of other bills such as electricity, etc.

Who is the beneficiary for Act?

• The Act covers all women who may be mother, sister, wife, widow or partners living in a shared household. 
• However, no female relative of the husband or the male partner can file a complaint against the wife or the female partner, for e.g. the mother-in-law cannot file an application against a daughter-in-law, but she can file an application against her daughter-in-law for abetting her son to commit violence against her.

Who can file a complaint?

• Any woman who alleges to have been subjected to any act of domestic violence by the offender or any person may file a complaint on her behalf
• A child is also entitled to relief under the Domestic Violence Act. The mother of such a child can make an application on behalf of her minor child (whether male or female). 
• In cases where the mother makes an application to the court for herself, the children can also be added as co-applicants.

Domestic Violence Act is against

• Any adult male member who has been in a domestic relationship with the woman
• Relatives of the husband or the male partner
• Includes both male and female relatives of the male partner

Where to file a complaint of domestic violence?

• Information may be given arid complaint can be made to a police officer/Protection Officer/Service provider (an NGO) or Magistrate.

Orders may be passed by Magistrate:

The Magistrate may –

1. Direct the respondent or the aggrieved person, either singly or jointly, to undergo counseling.
2. Direct that the woman shall not be evicted or excluded from the household or any part of it.
3. If considered necessary, the proceedings may be directed to be conducted in camera.
4. Issue Protection order, providing protection to the woman.
5. Grant 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.
6. Grant custody orders, i.e., temporary custody of any child or children to the aggrieved person.
7. Grant compensation/damages for the injuries. Including mental torture and emotional distress caused by the acts of domestic violence committed by that respondent.
8. Breach of any order of the Magistrate is an offence which is punishable under the taw.

Note: Reliefs under the Domestic Violence Act can also be asked for in other legal proceedings e.g. petition for divorce, maintenance, Section 498A IPC, etc

Section	Offence	Punishment	Cognizable or  Non Cognizable	Bailable or Non- Bailable	By what court triable
498A	Punishment for subjecting a married woman to cruelty	Fine and imprisonment for 3 years	Cognizable if the information relating to the commission of the offence is given to the officer.	Non bailable	Magistrate of the first class