DOMESTIC VIOLENCE ACT OF 2005.pptx- DV act

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1. DOMESTIC VIOLENCE ACT OF 2005

2. WHAT IS DOMESTIC VIOLENCE? Domestic violence is defined as a violent control exercised by one individual over another. Domestic violence is not limited to those who are spouses or partners; it may also comprise multiple ties that an individual is bound by inside a family. In India, for instance, the legal component has given it a broader connotation, including sisters, widows, moms, single women, and any woman residing in the same family. Union Health Ministry’s National Family Health Survey (NFHS-4), every third woman in India encounters some sort of domestic abuse from the age of fifteen. It also said that 31% of married women have experienced physical, sexual, or emotional torture at the hands of their partners.

3. Contd. As per the definition elaborated under section 3 of the act, Any act which 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 coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or 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 otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

4. Definitions Section 2 (a): aggrieved person- a person who was in a domestic relationship with the respondent and alleges being a victim of domestic violence. Section 2(f) domestic relationship — person who live or used to live together in a shared household b y consummating the marriage by adoption or have family members living with them Section 2(g): domestic violence — as defined under section 3 Section 2(s): Shared Household — shared household” refers to any household where the aggrieved person has lived or currently lives in a domestic relationship with the respondent, whether alone or together. This includes homes that are owned or rented, either jointly by both parties or by one of them, in which either has any right, title, interest, or equity. It also encompasses households belonging to the joint family of the respondent, regardless of whether the respondent or the aggrieved person holds any legal rights to the property.

5. TYPES OF DOMESTIC VIOLENCE Domestic Violence as defined under section 3 (explanation I) of the Act is of 4 types: Sexual violence Physical violence Verbal or Emotional violence Economic violence

6. CONTD. Physical abuse: act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or includes assault, criminal intimidation and criminal force Sexual Abuse: conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman; Verbal and Emotional abuse: insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child and repeated threats to cause physical pain to any person in whom the aggrieved person is interested

7. Contd. Economic Abuse: deprivation of all or any economic or financial resource which the victim is entitled under any law or custom whether payable under an order of a court stridhan , property, jointly or separately owned by the aggrieved person, payment of rental related to the shared house hold and maintenance any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.

8. WHO CAN FILE A COMPLAINT? According to section 4 of the act, any person can file a complaint, who has reason to believe that an act of domestic violence has been, or is being, or is likely to be committed, may give information about it to the concerned Protection Officer WILL THEIR BE ANY CRIMINAL LIABILITY ATTACHED TOWARDS THE INFORMANT? No. Until and unless the information is given under good faith .

9. Duties of police officers, service providers and Magistrate (sec.5) whenever the incident of DV is informant to any police officer, magistrate or any protection officer then the rights available to aggreived - they have right to relief of protection orders, custody order or residence order (can be more than one) Right to free legal aid service Have right of availability of service of police officers/ protection officers

10. Appointment of shelter homes, medical facilities and protection officer (sec 6-8) If an aggrieved person (or someone acting on her behalf, such as a Protection Officer or service provider) requests shelter, the person in charge of a shelter home must provide shelter to the aggrieved person. Upon request from an aggrieved person (or on her behalf by a Protection Officer or service provider), the person in charge of a medical facility must provide necessary medical aid to the aggrieved person. Appointment : The State Government shall appoint an adequate number of Protection Officers in each district, defining the areas they will serve. Qualifications : Protection Officers should preferably be women and meet specified qualifications and experience. Service Conditions : The terms of service for Protection Officers and their subordinate officers shall be determined as prescribed.

11. Duties and functions of Protection Officers (Section 9) File a Report on domestic violence incidents to the Magistrate, police, and service providers. Apply for Protection Orders if the victim requests it. Provide Legal Aid Access to the victim and necessary complaint forms. Keep a List of local support services (legal aid, shelters, medical facilities). Arrange Shelter for the victim if needed and inform authorities. Arrange Medical Examination if the victim has injuries, and send the report to police and Magistrate. Ensure Monetary Relief orders are followed. Perform Other Duties assigned by the Magistrate or government.

12. Procedure of obtaining relief Section 12: application to magistrate— the application to the magistrate can be made by the aggrieved person or the protection officer with regard to providing other orders as like compensation. But for that, the Magistrate will refer the domestic incident report and then the compensation will be awarded as per the quantum of injury. Section 14: Counselling—the magistrate at any point of proceeding can dire to the plaintiff or the respondent for counselling with one more person as prescribed with counselling experience. Section 18: protection orders— magistrate after having the prima facie case and is satisfied then he can prohibit the respondent from any other DV Abetting to commission of DV Entering from the place of enjoyment of the aggrieved person Alienating assets Restraining orders and return of streedhan

13. Section 19, 20, 21: residing order, monetary relief and custody order Residing order inc l udes the restraining order where the respondent is restrained from any common place of enjoyment, from the relatives, from the complainant, alienating of property, execution of bond with surety is, or without sureties for prevention of domestic violence and also "can give directions to the nearest police station to protect the aggrieved person. In case of mon etar y relief, the respondent is asked to pay the monetary relief to pay back the expenses and losses incurred by the aggrieved person. It includes loss of earnings, medical expenses, loss due to destruction, damage or removal from any property. The monitory relief would be a reasonable and fair amount which can be paid in a lump sum or monthly. The copy of the same relief will be sent to the nearest police stations by the magistrate. In case of custody orders, the magistrate can at any time, but the stage of the hearing ordered a relief of temporary custody of any children or child to the aggrieved person or to the person who is making the application on behalf of the aggrieved person. But the application must specify the requirements

14. SR BATRA V. TARUN BATRA 2006 Extend of right on shared household In this case, Mrs Batra filed a domestic violence and cruelty case against her husband and his family members stating that they made her living condition, miserable. While Mrs Batra was outside, her mother-in-law locked the ground floor of the house which she was living in as the property belonged to her mother in law. She filed a suit in the "Claiming her right on the matrimonial house. After having a lot of ambiguity with the trial court, decision and High Court decision to supreme court for the L an d that as the property was in the name of a mother-in-law, she can only claim a property if it is in the name of a husband or if the property is rental property or if the property is ancestral property and her husband has a part in it but here where is the property belonged to her mother-in-law. She has no right to claim a right on the property.

15. Smt. Shamita Didi Sandhu v. Mr. Sanjay Singh Sandhu and Ors 2010 Can right on matrimonial home claimable with simultaneous divorce plea? it was held that if the daughter-in-law is allowed to stay at in-law’s house, it does not mean that she could claim the property as her matrimonial home, it could only belong to her as per the provisions mentioned in sec 2(s) of the domestic violence act 2005. In the case of Smt. Mira Das vs Ms. Dipali Dey , in this case, the husband was the one who had filed for a divorce. In this case, it was held since the party already has a decree of divorce the right to a matrimonial home cannot be claimed.

16. CHANMUNIYA V. VIRENDRA KUMAR SINGH KUSHWAHA 2010 AIR SCW 6497 Live In Relationship In this case petitioner married to the first respondent brother when their husband dies. In this case she didn't marry him yet they were in a live-in relationship for years where they performed all the marital duties to each other. Later, first respondent deserted her and denied all the maintenance claims. Supreme Court hearing provided a landmark distinction between woman and a wife where they stated that as she was not lawfully wedded, she could not be considered as a wife but because they were cohabitating as married couples the respondent had an obligation to maintain and sustain her and provide her the maintenance and alimony.

17. KUSUM LATA SHARMA V. STATE 2011 (DELHI HIGH COURT) Can domestic violence only be done to the wife? The petitioner, Kusum Lata Sharma , who was the mother-in-law, filed a complaint against her daughter-in-law, Taruna Sharma , under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). The dispute arose from allegations made by Kusum that her daughter-in-law subjected her to mental and emotional abuse, leading to significant conflicts within the household. Kusum claimed that Taruna's behavior included verbal abuse, threats, and other forms of domestic violence, which created an intolerable living situation for her. Court held that a mother-in-law being an “aggrieved person” can file a complaint against the daughter-in-law as a respondent. A mother-in-law being an “aggrieved person” can file a complaint against the daughter-in-law as a respondent

18. SITUATION BEFORE THE ACT Senior Advocate Indira Jaising was instrumental in drafting and advocating for the DV Act, highlighting the gaps in the legal system concerning domestic abuse. Through her organization, Lawyers Collective , she drafted an early version of the Domestic Violence Bill. Lawyers Collective collaborated with the NCW (National Commission for women) to develop this draft and conducted extensive public consultations and research on domestic violence. The Bill was introduced in 1999 named Domestic Violence Against Women Prevention Bill (draft) 1999

19. FEATURES ADOPTED FROM THE DRAFT BILL Broadened definition to include physical, emotional, verbal, sexual, and economic abuse. Emphasized the right to reside in a shared household, regardless of ownership, ensuring that women cannot be dispossessed or forced out by the abuser. Proposed extensive protection orders to restrain the abuser from contacting the victim, committing further violence, and entering specific areas. Proposed monetary relief for survivors, including maintenance, medical expenses, and compensation for damages due to violence. Introduced the concept of Protection Officers to assist victims with filing complaints, obtaining orders, and accessing support services.

20. Contd: Emphasized counselling for both victims and perpetrators, along with support services for women such as shelter, medical aid, and legal assistance. Explicitly included live-in relationships and other relationships “in the nature of marriage” under the scope of protection. Proposed a streamlined and expedited court process specifically for domestic violence cases, prioritizing accessibility and timely response. Proposed allowing women to file complaints in jurisdictions other than where they reside, including where they may have temporarily relocated due to violence.