Domestic Violence and Remedies Under Law

Domestic violence is a grave issue in India that affects countless individuals, mostly women. The presentation titled “Domestic Violence and Remedies Under Law,” delivered by Justice Anubha Rawat Choudhary, Judge, High Court of Jharkhand, provides an insightful overview of this social problem and the legal provisions available. This blog post will explore the key aspects of this presentation, including the causes, effects, and most importantly, the remedies under law.

Introduction: The Prevalence of Domestic Violence

Domestic violence is a complex and pervasive issue, rooted in societal norms, financial inequalities, and gender-based power dynamics. Despite several legal frameworks in place, it continues to be a serious challenge with far-reaching consequences. International conventions like the Vienna Accord of 1994, the Beijing Declaration of 1995, and the CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) have recognized the urgent need for protection against violence within families.

What Causes Domestic Violence?

1. Patriarchal Mindset: The patriarchal structure of Indian society contributes heavily towards domestic violence. The widespread belief that women are less valuable than men reinforces men’s perceived right to control relationships and resort to violence.

2. Poverty and Financial Dependence: Economic dependence of women on their partners often makes them vulnerable to domestic abuse, especially in low-income households.

3. Limited Legal Recourse: While Section 498A of the IPC addresses cruelty, it does not address the comprehensive issue of domestic violence in its entirety.

Devastating Effects of Domestic Violence

The impact of domestic violence is immense, affecting both the physical and mental health of women and children:

• Physical and Mental Health Problems: Women subjected to domestic abuse often experience physical injuries and long-term mental health problems, including anxiety and depression.

• Impact on Children: Children who witness domestic violence are at high risk of developing behavioral issues, depression, and violent tendencies as they grow older.

Addressing Domestic Violence: A Multifaceted Approach

1. Changing Societal Attitudes: It is vital to address the root causes of domestic violence, including altering perceptions of women and promoting gender equality through culture and educational campaigns.

2. Promoting Education and Economic Opportunities: Equal access to education and economic opportunities can empower women and prevent financial dependence on abusive partners.

3. Providing Support for Victims: Access to counseling, legal aid, and safe shelters are essential for women seeking to escape abusive relationships. These can be provided by support organizations that are also registered as service providers under the Act.

Legal Protections: The Protection of Women from Domestic Violence Act, 2005 (PWDVA)

The PWDVA 2005 is a key legislation enacted to protect women from domestic violence. Its primary objective is to safeguard the constitutional rights of women and provide them with legal remedies. Key features of the Act include:

• Right to Residence: Every woman in a domestic relationship has the right to reside in a shared household, regardless of her ownership of the property.

• Protection Orders: The Act empowers magistrates to issue protection orders against respondents, preventing further violence, contact, communication, entering the workplace, and disposing of assets.

• Residence Orders: The court can also issue residence orders preventing dispossession or disturbance from the shared household, and can also ask the respondent to secure alternate accommodation.

• Monetary Relief: Victims are eligible for monetary relief to cover medical expenses, loss of earnings, property damage, and maintenance.

• Custody Orders: Temporary custody of children can be granted to the aggrieved person, along with visitation arrangements.

• Compensation Orders: Magistrates can order payment of damages for mental, and emotional distress caused by the domestic violence.

• Interim and Ex Parte Orders: The Act allows magistrates to pass immediate interim or ex-parte orders (without the presence of the respondent) in urgent cases.

Important Definitions Under the PWDVA

1. Aggrieved Person: Any woman in a domestic relationship who has experienced domestic violence. It also includes a woman living in a relationship akin to marriage.

2. Domestic Relationship: A relationship between two people, by marriage, blood ties, adoption or when they have lived in a shared household as a family.

3. Domestic Incident Report (DIR): A report filed by a Protection Officer or Service Provider upon receiving a complaint.

4. Respondent: Any adult person (male or female) in a domestic relationship with the aggrieved person, against whom the aggrieved person has sought relief.

5. Shared Household: A household where the aggrieved person lives or has lived with the respondent. It can be owned or tenanted, and includes places where both have a right, title, interest or equity.

6. Monetary Relief: Financial compensation as per the Act, to meet expenses incurred as a result of domestic violence.

7. Service Provider: Registered NGOs or organizations that protect women’s rights by lawful means, offering counselling, medical, financial or shelter.

Types of Domestic Violence (Section 3 PWDVA)

The Act covers four types of domestic violence:

1. Physical Abuse: Actions causing bodily pain, harm, or danger to health.

2. Sexual Abuse: Acts that degrade, humiliate or violate a woman’s dignity through sexual acts.

3. Verbal and Emotional Abuse: Insults, ridicule, threats, humiliation, and name-calling, particularly related to not having a male child.

4. Economic Abuse: Deprivation of financial resources, control over property, or restrictions on access to shared household and facilities.

Who Can Seek Relief?

• Any woman who is or has been in a domestic or family relationship with the respondent.

• Police officers, Protection Officers, and service providers can also file complaints on behalf of the victims.

• Any person with a genuine belief that domestic violence is being or likely to be committed can give information about it.

• Women in a “live-in” relationship are entitled to protection under the act if certain conditions are met, i.e. both parties have behaved as husband and wife in front of society, they are of a valid marriageable age, do not have a spouse at the time of entering into the relationship, have cohabited for a significant period of time and have lived in a shared household.

• In case of domestic violence, relationships with family members in a joint family are included. Even if the woman is a sister, widow, or mother or in a live in with the respondent.

How to Obtain Relief Under the Act?

1. Application to the Magistrate: A complaint must be filed to the Magistrate seeking one or more reliefs under the Act. This can be done by the aggrieved person or the Protection Officer, or any other person on behalf of the aggrieved person.

2. Consideration of DIR: The Magistrate will review the Domestic Incident Report (DIR) before passing any order.

3. Service of Notice: The Magistrate will issue notice to the respondent.

4. Counseling: The Magistrate may order the respondent or the aggrieved person, or both, to undergo counselling.

5. Speedy Disposal: The Magistrate must endeavor to resolve the case within 60 days of the first hearing.

6. Forms under PWDVA: The D.V. Rules 2006 provide various forms such as form for domestic incidence report, the application to the magistrate, forms for affidavit and rights of aggrieved person etc.

Jurisdiction and Enforceability

• The competent court for granting orders is the Judicial Magistrate of the first class or the Metropolitan Magistrate, with jurisdiction determined by where the aggrieved person resides, works, or where the cause of action arises.

• Any orders made under this act are enforceable throughout India.

Key Takeaways

• The Act recognizes that domestic violence can take many forms and is not limited to physical abuse.

• It provides legal recourse for women to seek protection, and support.

• It empowers women to challenge violence.

• It also puts in place mechanisms for their protection, like protection officers, service providers, and the provision of shelter.