DOMESTIC VIOLENCE IN INDIA

(with special reference to “THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT,
2005”)

IMPORTANT DEFINITIONS UNDER THE ACT :

 domestic violence means any act, omission or commission or conduct of the respondent
which
(a) 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; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or
any other person related to her to meet any unlawful demand for any dowry or other
property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any
conduct mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
 aggrieved person means any woman who is, or has been, in a domestic relationship with
the respondent and who alleges to have been subjected to any act of domestic violence by
the respondent.
 domestic relationship means a relationship between two persons who live or have, at any
point of time, lived together in a shared household, when they are related by consanguinity,
marriage, or through a relationship in the nature of marriage, adoption or are family
members living together as a joint family.
 respondent means any adult male person who is, or has been, in a domestic relationship
with the aggrieved person and against whom the aggrieved person has sought any relief
under this Act.
The Act is thus a very vital piece of legislation from the feminist perspective of law. The question
raised in this article is how far the Domestic Violence Act, 2005 has succeeded in fulfilling the
requirements of adequately defining all forms of domestic violence and providing redressal and
protection to its victims. The issue has been tackled on conceptual and practical grounds.
“It is important to understand that there are multiple stakeholders involved in the implementation of the
law ranging from protection officers – who issue protection orders as a relief to the victim, an order of
monetary relief, a custody order, residence order and compensation order, service providers – who aid in
conducting medical examination, record the incident of violence, and forward it to the magistrate while
also providing the aggrieved with a shelter home, and a lawyer”, said Anuradha Kapoor, Director of
SWAYAM, a non-governmental women’s rights organisation in Kolkata.
domestic violence is recognized as a significant barrier to the empowerment of women, with
consequences for women’s health, their health-seeking behaviour and their adoption of small family
norms.

PROVISIONS OF THE ACT

Functionaries Appointed Under the Domestic Violence Act
  Protection Officer-An officer appointed by the State in each district (possibly a woman).
These officers are under the jurisdiction of Court and have specific duties of providing
assistance in medical aid, legal aid, safe shelter to the victim and to the Court in preparing the
petition filed in Magistrate’s office, called DIR. It is their duty to provide necessary
information to the aggrieved on Service Providers and to ensure compliance with orders of
monetary relief.
 Service Provider-Any registered voluntary association with the objective of protecting the
rights and interests of women by lawful means including providing of legal aid, medical or
financial or other assistance and registered with the state government as well as a service
provider for the purposes of this Act. It is their duty to approach and advise the victim of her
rights under the law and assist her in taking appropriate actions.
 Magistrate- A Court of First Class Magistrate or Metropolitan Magistrate would be the
competent court and will be responsible for appointing counselors and welfare expert for the
victim.
 Police
D.I.R
Domestic Incident Report is a document that contains the details of the aggrieved person and
the respondent (perpetrator) and their relationship. It also includes information regarding
aggrieved’s children and their residence, specific details regarding the incidents of domestic
violence, types of orders required under the Act and requirement of any assistance including
medical facilities, shelter home etc.
Filing of Complaint under Domestic Violence Act
Under this Act, any aggrieved person (section 2(a) of the Act defines ‘aggrieved person’ as
any woman who is, or has been in a domestic relationship with the perpetrator and alleges to
be subjected to any act of domestic violence by the perpetrator) or any other person who has
a reason to believe that an act of domestic violence has been, or is being, or is likely to be
committed can approach a police officer, protection officer or a service provider. The
concerned authority will take the complaint from the victim or will write for her. Complaint
can be written in the prescribed format or can use her own words and language. Complaint
can be made orally or in written form. The authority will also make a DIR (Domestic Incident
Report) and will forward the copies to Magistrate, Police and the Service Providers. One can
also directly file a complaint with the Magistrate.
Reliefs Available under Domestic Violence Act
 Protection Order- Court order for protection of victim, her dependents and her property
against the respondent.
 Residence Order-Court order to restrain the perpetrator from dispossessing the victim
from shared household or to order the perpetrator to leave the house.
 Monetary Relief-Hold the perpetrator accountable for loss of earnings, medical expenses
and destruction of victim’s property due to Domestic violence.
 Custody Order-Court order to grant temporary custody of children to the aggrieved.
 Compensation Order-Respondent directed to pay compensation to the victim for injuries
caused to the victim due to mental and psychological torture.
 Interim and ex-parte Order-Any other order that Court deems fit to pass.

BASIC Features of the Domestic Violence Act, 2005:.

  This act is preventive in nature & not punitive unlike CPC, CrPC, IPC
 Apart from the victim herself, the complaint regarding an act or act of domestic violence
can also be lodged by ‘any person who has a reason to believe that’ such an act was
committed or is being committed. This means that neighbors, social workers, relatives
can also take initiative. And the provisions of the Domestic Violence Act make sure
that ‘no criminal, civil or any other liability’ lies on the informer, if the complaint is
lodged in good faith.
 The magistrate has been given powers to permit the aggrieved women to stay in her place
of adobe and she can not be evicted by her male relatives in the retaliation.This is not
all; the aggrieved woman can even be allotted a part of the house for personal use.
 The respondent can be prohibited from dispossessing the aggrieved person or in any other
manner disturbing her possessions, entering the aggrieved person’s place of work, if the
aggrieved person is a child, the school. Also magistrate can bar the respondent to
communicate with aggrieved person by “personal, oral, written, electronic or
telephoniccontact.”
 The magistrate can impose monthly payments of maintenance. The respondent can also be
ordered to meet the expenses incurred and losses suffered by the aggrieved person and any
child of aggrieved person as a result of domestic violence. It can also cover loss of
earnings, medical expenses, loss or damage to property.
Under Sec 22 magistrate can make the respondent pay compensation and damages for
injuries including mental torture and emotional distress caused by act(s) of domestic
violence.
 Penalty up to one-year and/or a fine up to Rs. 20,000/- can be imposed under under the act.
The offence is also considered cognizable and non-bailable while Sec 32 (2) goes even says
that ‘under the sole testimony of the aggrieved person, the court may conclude that an
offence has been committed by the accused”.
 The act ensures speedy justice as the court has to start proceedings and have the first
hearing within 3 days of the complaint being filed in the court and every case must be
disposed off within a period of sixty days of the first hearing.
 7. The act makes provisions for state to provide for protection officers and status of ‘service
providers’ and ‘medical facility’.
 8. Chapter 4 Sec 16 allows the magistrate to hold proceedings in camera “if either party
to the proceedings so desires”.

LIMITATIONS / PROBLEMS

 IPC recognises it but not civil laws

 In India, people don’t consider physical, economic, sexual, verbal violence as a part of domestic
violence.
 The act doesn’t include men & child who also suffers violence sometimes.
 The act undermines the value of women.
 It is a cumbersome & expensive process
 There is a lot of Red tapism in the mechanism.
 The act provides the right to residence but there is constant threat in the victim’s mind.
 Women only come out when the situation is grave.
 Sometimes, false allegations are made by women.
 Reputation of family is at stake while going to police station. So some women fear to complain.
 PO’s are limited in number & they have other responsibilities too.
  Due to illiteracy, some women couldn’t explain Sec 498 & Sec 498 A.
 Most of the women need permission to go out of their homes & someone else will always
accompany her so sometimes victims can’t go to police station.
 Ego hurt (mainly of men) have adverse effects & lead to breakdown of marriage & mental
harrassment of women.
 Sometimes, there are statues of any particular community (eg. Hindu, Muslim etc.) in the police
station. So victims of other community don’t feel familiar there.
 Moral policing by family (eg. Asking for PIN of ATM card, asking about why she has came
back late at home).
 Women are not comfortable in filing a case against their parents.
 Men can’t call under the act.
 Some cases are even not reported.
 Sometimes, personal grudges leads to complaint under this act.
 Earlier, focus was given only on physical abuse.
 Dowry is one of the main cause.
 Mental health of women deteriorates & they don’t get justice in these cases.
 Girl-child is thought to be as a burden on parents.
 There are some non-mobile phone users victim too who can’t complain through calls.
 Children are not targeted under the act.
 Financial, emotional dependence of victims & sometimes, economic dependence of the abuser
on victim in some cases.
 Caste, class has some traditions (some of them are even forms of violence).
 Maintenance is weak.
 Women remain silent , sometimes they are used to violence. They are not encouraged to speak
up.
 Constant threat of harassment & breakdown of marriage in the minds of women.
 The act fails to recognise marital rape.
 Mental pressure in minds of women increase which even leads to suicide.
 Victims don’t want to confront the accused which causes hindrance.
 Inter – generalisation gap is there.
 The act is not properly implemented.
 Women undergo social pressure- she doesn’t want society to know about her domestic affairs.
 Women have always been taught to be dominated.

SUGGESTIONS

 Decision making should be fast tracked.

 Orientation programmes should be organised.
 Accountability of govt. should be increased.
 Women who have been saved through this act should be made brand ambassadors so people can
have reliability.
 Reviews indicators should include gender-sensitivity.
 Sensitizing children & removing inter-generation gap.
 Trust in police needs to be built.
 NGO’s should be promoted & assistance should be provided to them, wherever required.
 Legal provisions are told to all the concerned parties.
 Councelling group should work with police integration.
 Confidence building techniques should be enhanced.
 Role models to influence people to stop indulging in these activities.
 Sensitising & supporting women.
 Co-ordination between police & other helplines.
 Use of councellors at initial level.
 Increase in number of women officers in police stations.
 Self independence of women (specifically in economic matters) should be increased.
 Shelter homes (like Asha Jyoti Kendra) should be easily available .
 Stories, plays to create awareness.
 Community newspapers should be encouraged (eg. SHG’s should be encouraged to give their
ideas)
 Children & pregnant women should also be given safer environment.
 There should be service providers at each level.
 Proper infrastructure should be available for proper functioning of Act.
 More & more women should be given the responsibility for direct interaction with victim.
 Community level groups which have understanding should be promoted.
 Volunteers should be encouraged to create awareness & help solve the problem. They should
also be given some incentives for the work.
 Naari adaalat (where illiterate women who has awareness, sympathy & experience of these
issues) should be promoted.
 DIR forms should be easily available.
 Comfortable environment should be given to women while giving witness.
 Training of all stakeholders (including Judiciary) related to the Act.
 Implementation should be made much stronger.
 Proper check up by authorities about the allegations & witness.
 Removal of police threat from minds of people.
 Changing the approach of media (from what is there to what should be done & how it effects our
society)
 Education & awareness at school level.
 Adolescent education should be given just as sex education.
 Institutionalisation of DV act (such as things should be included in curriculum).
 Resources (Human & Financial) should be provided in adequate quantity.
 Interference of lawyers should be minimal & real voice should come out.
 Pre-litigation modules (like councellors)
 Various programmes like bell bajao programme should be promoted.
 All victims should come out.
 Digital policing (like e-mail) should be promoted.
 Councelling in such a way so as to restore the self esteem of women.
 1 month programme (interactive session) can be organised.
 Feedback of women (related to person on call).
 The society should be changed as it effects future generations too.
 Separate Protection Officers (PO’s) in each area who are fully trained.
 Creating awareness to solve the problem at initial stages only so that the situation doesn’t
become grave.
 Providing with councelling centres & well trained councellors.
 PO’s (Protection Officers) should be available atleast at block levels.
 Try to opt for non-judicial methods like mediation, negotiation.
 Mind set should be changed (through training, textbooks, media etc.)
 Vocational courses for women in shelter homes so that they can earn a livelihood for themselves
as well as secure their future.

But every coin has two sides. On paper these schemes appear to be prima facie very perfect, but
unfortunately all that glistens is not gold. Lack of awareness about their rights, low confidence in
judicial system, high corruption has made these measures futile. The actual effectivity is yet to be
seen.