Protection of women’s form of Domestic violence

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Domestic violence:-

Domestic violence is described by Section 3 of the Ac as "any act, omission or commission or administration of the respondent shall constitute domestic violence in case it:

  1. hurts 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 involves causing physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse; or
  2. harasses, harms, injures or endangers the aggrieved person to control her or any other person linked to her to meet any illegal demand for any dowry or other property or valuable security; or
  3. has the impact of threatening the aggrieved person or any person related to her by any conduct specified in clause (a) or clause (b); or
  4. Otherwise injures or causes hurt, whether physical or mental, to the aggrieved person."

The Act continues on, through section Explanation 1, to define "physical abuse", "sexual exploitation", "verbal and passionate abuse" and "economic abuse".

               

Application to the magistrate

An application about domestic violence can be performed to the magistrate seeking one or more reliefs specified in sections by:

  • The aggrieved person,
  • Protection officer on behalf of the aggrieved person
  • Any other person on according to the aggrieved person

 

 

Who is covered under the Act?

The Act includes all women who may be mother, sister, wife, widow or partners living in a shared household. The connection may be in the nature of marriage or adoption. In addition relationships with family members living together as a joint family are also involved. However, no female relative of the husband or the male partner can file a complaint against the wife or the lady partner, for e.g. the mother-in-law cannot file a request against a daughter-in-law, but she can file an application against her daughter-in-law for helping her son to commit violence against her.

 

Complaint filing under the Domestic Violence Act:-

Section 2(a) of the Domestic Violence Act represents an “aggrieved person” as any woman who is, or has been, in a domestic relationship with the respondent and who claims to have been reduced to an act of domestic violence by the respondent.

The Domestic Violence Act not only includes those women who are or have been in a relationship with the abuser but it also includes those women who have lived together in a shared household and are related by consanguinity, a marriage of through a relationship like marriage or adoption.

Even those women who are sisters, widows, mothers, single women, or living in any other contact with the abuser are entitled to legal security under the Domestic Violence Act.

 

How many Types of abuse under the Domestic Violence Act

There are many types of abuse or domestic violence under the Act. The same are enumerated below:

 

Physical Abuse

Physical abuse is the use of physical force against a woman in a way that causes her physical injury or hurt. Physical assault, criminal intimidation, and criminal force are also forms of physical abuse like beating, kicking and punching, throwing objects, damaging property, hit walls, kicked doors, abandoning her in a dangerous or unfamiliar place, using a weapon to intimidate or hurt her, forcing her to leave the matrimonial home, hurting her children, using physical force in sexual positions.

 

Sexual Abuse

This is also a form of bodily abuse. Any situation in which a woman is required to engage in undesired safe or degrading sexual activity, calling her sexual names, hurting a woman with objects and protection during sex is sexual abuse.

 

Verbal and Emotional Abuse

Many women face from emotional abuse, which is no less destructive. Unfortunately, emotional abuse is often reduced or overlooked – even by the woman being abused.

Emotional abuse involves verbal abuse such as yelling, name-calling, blaming and shaming. Privacy, intimidation and regulating behavior also fall under emotional abuse.

 

Economic Abuse

Economic abuse is not a very accepted form of abuse among women but it is very disturbing. Economic abuse mainly involves a woman not been provided with enough money by her partner to maintain herself and her children, which may include money for food, clothing, medicines, etc. and not leaving a woman to take up an employment. Forcing her out of the house and not permitting a woman to take up employment. Forcing her out of the house where she lives and not giving her rent, in case of a rented share hold also amounts to abuse.

 

Jurisdiction of the court

The first class magistrate court or metropolitan court shall be the responsible court within the local limits of which

  • The aggrieved person forever or temporary lives or carries on business or is employed
  • The respondent permanently or temporally resides or provides on business or is employed or
  • The cause of action arises.

 

Any order made under this Act shall be enforceable during India While disposing of application the magistrate shall take into thought any domestic incident report obtained from the protection officer or service provider. The relief sought under this section involves the issuance of an order of payment or compensation or damages without detriment to the right of such person to institute suit for damages or damages for injuries caused by the act of domestic disturbance. If the magistrate is satisfied that an application prima facie discloses that the respondent is doing or has committed an act of domestic violence or there is a likelihood of such violence, he may grant chasing ex-parte interim order against the respondent based on the affidavit of the aggrieved person. The magistrate can assign different orders such as Protection order, residence order, monetary relief, custody order or compensatory orders as per the circumstances of the case.

In case of the first decree of compensation or damages passed by any other court, in favour of the aggrieved person, the amount if any paid shall be set off upon the order of amount payable under this act. The application to the magistrate shall be as nearly possible to the formats designated under this Act and Rules. After receiving the application the Magistrate shall fix the date of first hearing within 3 days and the magistrate shall attempt to dispose of every application be within 60 days of the first hearing. The notice of the date of hearing shall be provided by the magistrate to the protection officer who shall get it agreed to the respondent. At any stage of the application, the magistrate may require, counselling of the respondent or aggrieved person either alone or jointly with any member of the service provider The magistrate may obtain the service of a proper person before a woman including a person engaged in the welfare of women for assisting the court in the discharge of its function. If the state of the case so warrants and if either party so wants the magistrate may conduct the steps on camera

 

 

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