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Introduction

Domestic violence against women in India remains a pervasive issue, with a staggering 30% of reported crimes being related to such abuse within the confines of the home. Despite legislative measures like the Protection of Women from Domestic Violence Act of 2005, many women still hesitate to come forward and report the violence inflicted upon them by family members.

This reluctance stems from various societal pressures and challenges faced by victims. However, understanding the provisions of the DV Act and the process of seeking legal recourse is crucial in empowering women to break free from the cycle of abuse.

Domestic violence against women

Amidst the walls where silence thrives,
A woman's plea for freedom strives.
In shadows cast by fear's cruel reign,
She seeks a path to break the chain.

30% of all the reported crimes against women in India are cases of domestic violence. In India, women still find it difficult to report acts of domestic violence committed against them by their family members. In the year 2005, the Parliament of India passed the Protection of Women from Domestic Violence Act. Under this Act, the Parliament gave women the power to seek protection orders from the courts in case she is subjected to any domestic violence by their husbands or relatives. Domestic violence means the violence committed on a woman within the family inside the four corners of the house. So, if you or someone known to you is facing domestic violence or, at any point in time has faced acts of domestic violence, please finish reading this article.

In the first part, this article will shed light on the Protection of Women from Domestic Violence Act 2005, in short, DV Act, and in the second part, it will light on the process of filing a complaint under this Act and what to expect from your complaint. DV Act defines domestic violence as any act or conduct by a person that causes harm or injury or endangers the life, limb, or well-being of an aggrieved person or her family members, either concerning demands of dowry, valuable property, or money, or any act, omission, or conduct causes any sort of mental or physical injury to an aggrieved person.

Who is an aggrieved person under the DV Act?

A woman who's living in a domestic relationship with her husband and his family members. A woman in a live-in relationship partnership. A child living with his family. A domestic relationship is a relationship between people who are living together in a shared household and are related to each other either by birth, marriage, or adoption. A shared household is a place wherein a grieved person is living in a domestic relationship with an opposite party. You don't need to live together in a shared household when you file a complaint under the DV Act. If at any point in time, you have lived in a shared household with the opposite party and were subjected to acts of domestic violence, it is enough to constitute a shared household under this act and you can file a complaint. The Parliament of India passed the DV Act to provide better protection to women against acts of domestic violence.

So under the DV Act, various forms of abuse have been covered. First is physical abuse. If you're being physically injured or caused pain by your husband or his relatives, then you're being physically abused. If your husband or his relatives treat you or abuse you in a sexual manner which you do not approve of, then you're being sexually abused. It would include acts of poor sexual intercourse showing you pornographic or obscene material which you do not approve of or even child sexual abuse. Economic abuse, when you're not being given adequate money for your maintenance or living your day-to-day life by your husband or his relatives then you're being economically abused. Verbal or emotional abuse. If you are being abused by your husband or his relatives for not being able to bear a male child, for not being of fair complexion or beautiful enough or for not bringing enough dowry, then you're being emotionally and verbally abused.

This act also covers mental abuse by in-laws or husbands. If you are an aggrieved woman and you have reason to believe that acts of domestic violence have been committed against you in past or are currently being committed against you or there is a likelihood that in future such acts may be committed, you may initiate a case under this act. Now you've decided to take action against the acts of domestic violence and want to file a complaint.

Where should you file a complaint?

You can file a complaint in a court of local jurisdiction of the area where you temporarily or permanently reside, where you carry your business or are employed, where the act of domestic violence was committed against you, or where the opposite party temporarily lives or carries on his business or is employed there.

With laws as guides, and courage near,
She steps towards the light, sincere.
For every hurt, a hope to heal,
In unity, her strength reveals.

How to file a complaint under the DV Act?

You can file a complaint by giving it in writing or orally to the protection officer. Under the DV Act, every district has a protection officer or you can make a complaint in writing or verbally to a service provider. Service providers are private organizations or NGOs which have been appointed under the DV Act, or you can directly approach the magistrate of your area and file a complaint. For this purpose, you may need the help of a lawyer. And if you cannot afford a lawyer, please ask your protection officer to help you in getting free legal aid. ( Legal service Authorities can also be approached ) If you have received any sort of injury by the acts of domestic violence, you can go to any hospital, either private or government, and get yourself treated.

Or you can ask your protection officer to take you to the hospital. Even service providers are obligated to take you to the hospital and provide medical care. Either you or your relatives have given a complaint to:

  1. The protection officer or;
  2. The service provider or;
  3. The magistrate directly.

In the end, every complaint of domestic violence will reach the magistrate. Upon receiving the complaint, the magistrate will give you a first hearing within three days. And magistrate has to dispose of the cases of domestic violence within 60 days from the first hearing. Under this act, the protection officer is obligated to inform the other party about this complaint instituted against him under the DV Act. Under the DV Act, the role of a protection officer is of crucial importance as she's closely connected with the aggrieved party.

The Rules provide for duties and functions of the Protection Officers which shall be as under:

  • to assist the aggrieved person in making a compliant under the Act. If the aggrieved person so desires;
  • to provide her information on the rights of aggrieved persons under the Act.
  • to assist the person in making any application under section 12, or sub-section (2) of section 23 or any other provision of the Act.
  • to prepare a “Safety Plan” including measures to prevent further domestic violence to the aggrieved person after making an assessment of the dangers involved in the situation and on an application being moved under section 12;
  • to provide legal aid to the aggrieved person, through the State Legal Aid Services Authority;
  • to assist the aggrieved person and any child in obtaining medical aid at a medical facility including providing transportation to get the medical facility;
  • to assist in obtaining transportation for the aggrieved person and any child to the shelter;
  • to inform the service providers registered under the Act that their services may be required in the proceedings under the Act and to invite applications from service providers seeking particulars of their members to be appointed as counselors in proceedings under the Act under sub-section (1) of section 14 or Welfare Experts under Section 15;
  • to scrutinize the applications for appointment as Counsellors and forward a list of available Counsellors to the Magistrate;
  • to revise once in three years the list of available counselors by inviting fresh application and forward a revised list of Counsellors on the basis thereof to the concerned Magistrate;
  • to maintain a record and copies of the report and documents forwarded under section 9, 12, 20, 21, 22, 23 or any other provisions of the Act of these rules;
  • to provide all possible assistance to the aggrieved person and the children to ensure that the aggrieved person is not victimized or pressurized as a consequence of reporting the incidence of domestic violence;
  • to liaise between the aggrieved person or persons, police and service provider kin the manner provided under the Act and these rules;
  • to maintain proper records of the service providers, medical facility and shelter home in the area of his jurisdiction.

Similarly, the Service Provider is entrusted with the responsibility to record domestic incident reports and get the aggrieved person medical aid, legal aid and shelter. The Service Provider should be a registered organization as per Section 10(1) of the Act.

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So make sure that you provide all the necessary and important information to your protection officer. Because it is only on the report of the protection officer which she submits to the case, the judge will decide a lot of things. The report that the protection officer submits to the court is called a domestic incident report. DV Act provides various protections to women, including the right to have their proceedings conducted in camera. So if you are uncomfortable because your proceeding is being conducted in an open court, you can request the magistrate to conduct your proceedings in camera. The magistrate can also send you or the other party or both of you together for counselling sessions.

Reliefs provided under the Domestic Violence Act

There are various types of reliefs provided under the Domestic Violence Act that a woman can claim in court. The reliefs are compensation of damages for the injuries or loss you have suffered, and the right to reside in the shared household in which your husband and his relatives live irrespective of the fact whether you have any right, title or interest in the shared household. A protection order can be claimed by you from the court. Under the protection order, you can ask the court to ask the husband not to bother you, not to hamper your peace, not to enter your area of implant employment in case a child is not to enter their school or a place which is frequented by them. You can seek residence orders from the court in case you do not wish to live in the shared household. There are several circumstances where the aggrieved party does not wish to live in the shared household.

So you can make an application and you can ask the judge to provide a separate accommodation. The judge will pass a residence order in your favour if he is satisfied with the facts and will ask the husband to bear the cost of your accommodation. The judge can even pass a resident's order prohibiting the husband from living in the shared household or he can even ask the husband not to enter the area of the shared household in which you live.

Next is monetary relief. The judge can make orders to the husband to pay some amount to you as an interim protection till your case gets disposed of and later in the final relief, the judge can order some sort of monetary relief. Then we have compensations which are given to an aggrieved party under this act.

They can be in various names and colours and you can seek them depending on your facts and circumstances. A lot of women face issues concerning the custody of their children. So they can make an application to the judge regarding retaining the custody of their children. And if the judge is satisfied, he can ask the woman to have custody of the child. Now we are in the last part of our article and here are a few important points regarding the DV Act. The reliefs we discussed earlier, can be claimed by you in an Ex Parte manner. Ex parte means where the other party does not appear and the judge is satisfied with the facts and circumstances of the case, he can order these reliefs to you without hearing the other party.

As I've already mentioned, these reliefs can be claimed by you in an interim order manner. Important to take note is that if you file a complaint under the DV Act, your husband or any of his relatives are not going to jail directly. But if they fail to comply with the orders which have been passed by the court under the DV Act, then the husband or his relatives may be subjected to one year of imprisonment or 20,000 fine or both. The offences on non-compliance of protection orders are Non-Bailable and Cognisable. If any of the relief has been given to you, then they will not be discharged automatically. They will only be discharged on your application or revocation. And in case the judge has passed an order which does not go in your favour, you can appeal to a higher court within 30 days of the passing of that order.

Let's stand with her, in solidarity,
To end the pain, restore clarity.
In voices raised, we find our might,
To bring an end to endless night.

Conclusion

The Protection of Women from Domestic Violence Act stands as a beacon of hope for countless women grappling with abuse within their homes. By defining various forms of abuse and delineating legal avenues for recourse, the Act endeavours to provide a shield of protection for victims. However, its efficacy hinges upon awareness and active participation from all stakeholders. As we conclude, it's imperative to recognize that combating domestic violence necessitates a collective effort from legislators to law enforcement, from support organizations to individuals offering solidarity. Let us amplify our commitment to upholding the rights and dignity of every woman, ensuring that the promise of justice enshrined in the DV Act becomes a tangible reality for all.

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