what is domestic violence? | Domestic violence against women

 

what is domestic violence? | Domestic violence against women

                                             

Domestic violence is a widespread issue in India, affecting women and girls of all ages, and social and economic backgrounds. In recognition of the need for legal protection against domestic violence, the Indian Parliament passed the Protection of Women from Domestic Violence Act (PWDVA) in 2005, which came into force in 2006. The Domestic Violence Act, of 2006 is a comprehensive legal framework that provides protection and relief to victims of domestic violence. It is important to understand the provisions of this act and how they can be used to seek legal recourse if you or someone you know is a victim of domestic violence. The Act defines domestic violence as any act, omission, commission, or conduct of the respondent that 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. This means that any act of physical, sexual, verbal, emotional, or economic abuse can be considered domestic violence.

The act recognizes that domestic violence can take many forms. Physical violence can include hitting, slapping, punching, or any other activity that causes bodily harm. Sexual violence can include any sexual act or conduct that is forced upon the aggrieved person without her consent. Verbal and emotional abuse can include any act or conduct that is likely to cause the aggrieved person to feel insulted, humiliated, or degraded. Economic abuse can include any act that denies or deprives the aggrieved person of her financial resources.

The Domestic Violence Act provides various reliefs and protection measures for the aggrieved person. These measures include a protection order, a residence order, monetary relief, and a custody order. A protection order restrains the respondent from committing any act of domestic violence against the aggrieved person. This order can be issued immediately and can be enforced by the police.

·       A residence order grants the aggrieved person the right to reside in the shared household, regardless of whether she has any ownership rights in the property or not. The shared household is defined as a house or dwelling where the aggrieved person lives or has lived with the respondent in a domestic relationship.

·       Monetary relief includes financial compensation that may be awarded to the aggrieved person to meet her expenses and losses incurred as a result of the domestic violence. This can include medical expenses, loss of earnings, and property damage.

 

·       A custody order grants the aggrieved person the right to custody of her children. This order can be granted to the aggrieved person even if she is not legally entitled to custody under any other law.

 

If you or someone you know is a victim of domestic violence, you can seek legal help and report the matter to the authorities. The act recognizes domestic violence as a crime and should not be tolerated under any circumstances. The act empowers women to speak up and seek justice.

 

Filing a case for domestic violence in India involves the following steps:

 

                                               Image source-Google| image by Unsplash

Step 1: Preparing the Complaint

 

The first step is to prepare a written complaint or application addressing the allegations of domestic violence. The complaint should include details of the incident(s) of violence, the nature of the abuse, and the relief sought by the aggrieved person. The complaint can be filed either in person or through an authorized representative but it is advisable to file a case through the legal expert/ representative.

 

Step 2: Filing the Complaint

 

The complaint can be filed directly in the court of the Judicial Magistrate of the First Class (JMFC) having jurisdiction over the area where the domestic violence occurred.

 

Step 3: Hearing of the Case

 

After receiving the complaint, the JMFC will issue a notice to the respondent (the person against whom the complaint has been filed) and hold a preliminary hearing to determine whether there is sufficient ground to proceed with the case. The court may also issue an ex-parte order for protection to the aggrieved person if it is satisfied that there is an immediate danger to the life, limb or health of the aggrieved person.

 

Step 4: Counseling and Mediation

 

The court may refer the parties for counseling or mediation, either through an accredited institution or with the assistance of a trained mediator. The objective of counseling and mediation is to resolve the issues amicably and arrive at a settlement between the parties.

 

Step 5: Trial

 

If the parties are unable to arrive at a settlement through counseling and mediation, the court will proceed with the trial. The aggrieved person will have to produce evidence to prove the allegations of domestic violence, and the respondent will have an opportunity to rebut the allegations.

 

Step 6: Order and Relief

 

After hearing both sides, the court will pass an order either granting or rejecting the relief sought by the aggrieved person. The relief may include an order for protection, residence orders, monetary relief, or any other relief that the court deems fit.

 

 

 FAQ:                       

                                        Image source-Google| image by Unsplash

What is considered domestic violence under the Domestic Violence Act 2005?

The Domestic Violence Act 2005 recognizes several forms of violence against women in a domestic setting, including physical, sexual, emotional, and economic abuse. It also includes harassment and stalking, and any other act that harms or injures the woman or endangers her health, safety, life, limb, or well-being.

 

What is the punishment for domestic violence under the Domestic Violence Act 2005?

Under the Domestic Violence Act 2005, the punishment for domestic violence can range from a fine to imprisonment for up to three years. The severity of the punishment will depend on the nature and gravity of the offense.

 

Can a woman file a complaint against her husband or partner for domestic violence?

Yes, a woman who is a victim of domestic violence can file a complaint against her husband or partner, or any other person who has committed an offense under the Domestic Violence Act 2005.

 

What is a protection order under the Domestic Violence Act 2005?

A protection order is a court order that prohibits the respondent from committing any act of domestic violence against the victim. It can also include provisions for the respondent to stay away from the victim's place of residence or workplace, and for the victim to be given possession of the shared household.

 

Who can file a case for domestic violence?

ü  Any woman who is or has been in a domestic relationship with the respondent (the person against whom the complaint is made), including wives, live-in partners, mothers, daughters, sisters, etc.

ü  Any person who has lived with the aggrieved woman in a shared household and is related to the respondent by blood, marriage, or adoption, such as mothers-in-law, sisters-in-law, etc.

ü  Any woman who has been in a relationship with the respondent and has been subjected to domestic violence.

ü  Any child, including male children, who is or has been in a domestic relationship with the respondent and is subjected to domestic violence.

 

What is the time limit for filing a complaint under the Domestic Violence Act 2005?

There is no time limit for filing a complaint under the Domestic Violence Act 2005. A victim of domestic violence can file a complaint at any time, even if the violence occurred in the past. However, it is advisable to file the complaint as soon as possible after the incident, to ensure that evidence is still available and fresh in the minds of witnesses.

Suggestions:

It is important to note that the entire process of filing a case for domestic violence may take several months or even years, depending on the complexity of the case and the backlog of cases in the court. It is advisable to seek the assistance of a lawyer or a legal aid organization to navigate the legal process and ensure that the aggrieved person's rights are protected.

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