MEANING OF “DOMESTIC VIOLENCE”, “SERVICE PROVIDER”, “SHARED HOUSEHOLD” AND “SHELTER HOME”

MEANING OF “DOMESTIC VIOLENCE”, “SERVICE PROVIDER”, “SHARED HOUSEHOLD” AND “SHELTER HOME”

Author: Abirami Mohan,a Student of B.M.S. College of Law, Bengaluru

ABSTRACT

“Over 6,900 domestic violence plaints filed by women in 2022”. Women are subjected to domestic violence since the time immemorial. We live in a society were men and women are brought up in different ways. Even though it’s believed that men and women are treated equally, it just remain as a saying and lacks equality. Women are the ones who are still fighting for their rights. Violence against women has increased over time and many measures have been taken to protect them. The Protection of Women from Domestic Violence Act, 2005 is a legislation which aims protection of women from domestic violence. A women who is in a domestic relationship and a victim of domestic violence can seek remedies. The aggrieved person has the right to reside in a shelter home with the help of the Protection Officer or a service provider.

Keywords- Domestic, Women, Violence, Household, Act, Marriage, Husband.

INTRODUCTION

Cruelty and  violence against women is one of the concerning matters of our society.  The impact of Indian culture has laid down many expectations and demands from women all the time. According to Indian culture women are considered to be a Goddess with divine power, but women are being exploited in the name of culture. The society has created Marriage as a mandatory transition in the life of women. Women in India are bounded to the culture and is not having the habit of decion making. Many women are not allowed to take decisions in their own life. They are always obedient and listens to the men of their homes. They are always taught to follow the culture and live a life for others.

Women always had a sacrificed life and were always dominated in the name of culture. To live their life in their own terms and giving importance to their likes were not at all entertained.  Women were not allowed to study and go for work. They were always given the responsibility to take care of their children, husbands and his family members. Women were treated like servants of the household. Women are being harassed and humiliated by their husbands and his relatives after marriage. Husband’s family always enjoyed the marital benefits. Women are abused by the husband and his relatives in the name of dowry and many other reasons. The burden of marriage has destroyed the peaceful life of a woman. Being in a domestic relationship is scary in the present scenario. Women has to be protected and it’s the duty of the people surrounding her to ensure a safe environment. The Protection of Women from Domestic Violence Act, 2005 is a legislation which lays down reliefs available to the victims, assistance provided to the victims, filing complaint, civil remedies to the victims and steps to safeguard women from domestic violence.

DOMESTIC RELATIONSHIP

Relationship between two persons who live together or have lived together at any point of time in a shared household. It can be a relationship of consanguinity, marriage, relationship in the nature of marriage.

SHARED HOUSEHOLD

A household where the woman lives with the man or has lived with the man in a domestic relationship. Every woman in a domestic relationship has the right to reside in the shared household, even if she does not have any interest in it. At the time of application for relief she may not be living in the shared household, such women are entitled to relief under the Domestic Violence Act as long as the domestic relationship subsists. An aggrieved person or a Protection Officer or service provider can request to a person in charge of a shelter home or a medical facility to provide shelter or medical aid to her.

DOMESTIC VIOLENCE

Section 3 of the act defines as an act, omission, or commission which can be physical, sexual, verbal and emotional or economic abuse. The act covers women who are in a domestic relationship may be in nature of marriage or adoption, live-in relationship, with family members living together as a joined family. The act allows women to seek protection and assistance from a range of legal and support services, including protection officers, service providers, and the police to help them access justice. The act provides for emergency relief measures, such as protection orders, residence orders, and monetary relief orders, which can be granted immediately by the  court to protect women from further harm. The act provides for punitive measures against the perpetrator of domestic violence, including imprisonment, fine and compensation for the victim.

In the case of Vandhana v. T.Srikanth the Madras High Court stated that the Protection of women from Domestic Violence Act, 2005 “is an Act to provide more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occuring  within the family and for matters connected therewith or incidental thereto”.

TYPES OF DOMESTIC VIOLENCE

TYPE	ABUSIVE ACT
Physical abuse	Hurt, assault, physical intimidation and criminal force
Sexual abuse	Forced sexual intercourse, forcing to watch pornography, using women to entertain others, abusing, humiliating, degrading or violating one’s dignity
Verbal and Emotional abuse	Accusation on character, Insult for not bringing dowry, Insult for not having a male child, forcing to not attend school, college or any other educational institution, preventing woman from taking up a job
Economic abuse	Not providing money for maintaining woman or her childen, not providing food,clothes,medicine,etc, Forcing woman out of the house, preventing woman from accessing or using any part of the house, preventing or obstructing women from carrying on employment, Non-employment of rent in case of a rented accommodation, selling or pawing srtidhan or other valuables without informing and without consent, forcibly taking away salary or income, Non-payment of other bills such as electricity etc.

PUNISHMENT FOR DOMESTIC VIOLENCE

LEGISLATIONS	OFFENCES	PUNISHMENT
Indian Penal Code	Section 498-A- Cruelty Cruel act by husbands or their relatives, Willful acts that can drive a woman to contemplate suicide, cause physical harm or mental harm, or involve harassment to extort money from her relatives Section 304-B: Dowry death Grevious hurt, hurt and abetment to suicide Section 305- Abetment of suicide committed by child or insane or delirious person or an idiot, or a person intoxicated  Section 306- Abetment of suicide Section 313- Causing miscarriage without woman’s consent Section 314- Death caused by act done with intent to cause miscarriage Section 315- Act done with intent to prevent child being born alive or to cause it to die after birth. Section 316- Causing death of quick unborn child by act amounting to culpable homicide Section 340- Wrongful confinement Section 349- Force	Imprisonment for up to 3 years and a fine Imprisonment for a term which shall not not be less than seven years which may extend to imprisonment for life Death or imprisonment for life or 10 years and fine Imprisonment which may extend to 10 years and shall also be liable to fine Imprisonment for life or which may extend to10 years and liable to fine  Imprisonment for life or which may extend to10 years and liable to fine  Imprisonment for a term which may extend to ten years, or with fine, or with both Imprisonment of a term which may extend to ten years, and shall also be liable to fine Imprisonment for the term which may extend to 2 years or with fine or with both Imprisonment for a term which may extend to one month or with fine which may extend to 100 Rs or with both
Criminal Procedure Code	Section 125: Maintenance orders for wives, children and parents	Imprisonment for one month

PROCEDURE TO BE APPLIED IN CASES OF DOMESTIC VIOLENCE

A. Any woman, or any person on her behalf may file a complaint. A child is also entitled to relief under the act in such cases mother can apply on her minor child (male or female). When the mother makes an application for herself, her children are added as co-applicants. A complaint can be filed against any adult who has been in a domestic relationship with the woman, relatives of the husband or the male partner.

B. The aggrieved person can approach the Protection Officer or Service Provider with a complaint of domestic violence, which is to be recorded in a Domestic Incident Report. Its copies shall be forwarded to the concerned Magistrate, Local Police Station and Service Provider.

C. Protection Officer can file an application(also for the cases under Section 125 of Cr.P.C) accompanying with Domestic Incident Report in the court. The Court may direct the Protection Officer to record and file D.I.R. after receiving the application in case when the aggrieved person approaches the Court. Alongwith the application the affidavit seeking immediate interim or ex-parte reliefs may be filed.

D. This has to be filed in the Court of Judicial Magistrate,First Class or Metropolitan Magistrate within whose local limits either party resides or gainfully employed or where the domestic violence has allegedly been committed 

E. The Protection Officer has to ensure that the notice to the respondents for appearance issued by the Court after receipt of application within two days from the date of filing .

F. After serving the notice, the trial commenced with the first hearing and evidence maybe adduced through affidavit by the parties,after giving opportunity to respondent for filing a written statement. The court may summon the party witness for the purpose of examination or cross-examination. If the respondent fails to appear, the court may pass ex-parte order against him. The interim order can be passed at any stage of proceedings. The court may also direct the parties to avail counselling under section 14 of the act.

G. The court grants the final order which can be enforced in any part of India after recording all the evidence. The court may also direct the Protection Officer and Police for assistance in ensuring the enforcement of orders. Under section 31 of the Domestic Violence Act 2005 the breach of protection order is cognizable and non-bailable offence and warrants procedure contemplated under Cr.P.C.

H. The Magistrate may direct the respondent or the aggrieved person, either singly or jointly, to undergo a counselling. Direct that the woman shall not be evicted or excluded from the household or any part of it. If necessary the proceedings may be directed to conduct in camera.

I. The Magistrate may issue Protection order, providing protection to the woman, grant monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence, grant custody orders, i,e., temporary custody of any child or children to the aggrieved person, grant compensation or damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent. As per section 12 of the act the Magistrate must also aim to dispose all the applications within a period of sixty days from the date of its first hearing

SERVICE PROVIDER

The functions and duties of service providers are laid down under section 10 of the act. Any voluntary association registered under the Societies Registration Act, 1860 or a company that is registered under the Companies Act, 1956 which aims to protect the rights of the women lawfully by providing legal aid, medical, financial or other assistance. A service provider can record any incident of domestic violence and forward it to the Protection Officer or the Magistrate having jurisdiction where the incident has taken place. They are responsible for providing shelter home to the victim if required.

SHARED HOUSEHOLD

A household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent.it includes tenated household or a house which belongs to a joint family of which the respondent is a member.

SHELTER HOME

As a form of relief the aggrieved person has the right to reside in a shelter home. Under section 6 of the act, the person in charge of a shelter home will provide suitable shelter to the domestic violence victims. A Protection Officer or a service provider may also request for this shelter home. The Ministry of Women and Child Development in each state or Union Territory is required to recognize and notify of shelter homes available to aggrieved persons.

CONCLUSION

Domestic violence is a serious problem and it should be ensured that where the women resides should be the safest place for her. Every act of domestic violence is unlawful and punishable by law. The aggrieved person should be served justice.

REFERENCES

1. The Times of India Jan 09,2023 05:08 IST

2. Abizer Merchant, The Protection of Women from Domestic Violence Act, Lawyers clubindia,  https://www.lawyersclubindia.com/articles/the-protection-of-women-from-domestic-violence-act-15623.asp (Last accessed on 06 August 2023- 10.14 AM)

3. Punishment for Domestic violence in India, Law Bhoomi,  https://lawbhoomi.com/punishment-for-domestic-violence-in-india/ (Last accessed on 06 August 2023- 10.15 AM)

4. Abanti Bose, The Protection of Women from Domestic Violence Act, 2005,  ipleaders, https://blog.ipleaders.in/the-protection-of-women-from-domestic-violence-act-2005/ ( Last accessed on 06 August 2023- 11.10 AM)