Legal Protection of Women Against Domestic Violence

Violence against women is a centuries old phenomenon. The violence may be of different forms, like child marriage, witch hunting, honor killing etc. It is due to defiance of the stereotyped role model of daughter, sister, wife and mother and of course daughter-in-law. Domestic Violence has been justified throughout the ages; legal and cultural traditions have granted men permission to beat their wives and even to kill them with intend to subordinate women. Although efforts had been made to electrify the image of women by associating her with Goddess Durga. Yet, it is ironical that India became patriarchal or male- oriented society. Causes of domestic violence may be many like alcohol and drug related, dowry related, frustration due to unemployment and financial constraints. Women also continue in violence relationship due to economic dependence upon men, family and social pressure to keep the family intact and preserve the marriage, lack of parental support absence of faith in the law and fear of losing custody of children.

In the modern age, voices have been raised against these inhuman practices and efforts made to bring about change by creating awareness, by educating people through legal actions. It was Raja Ram Mohan Roy who led the movement for women’s rights. He was responsible to bring social changes like stopping child marriage, sati and legitimization of widow remarriage. Though the term domestic violence was not in vogue in those reforms, their aim was to make women’s lives more humane and protected.

Laws available to women against domestic violence: Till 1983, there were no specific law pertaining to violence. Husbands could be convicted for murder, abetment to suicide, causing hurt and wrongful confinement. In section 304 of IPC, where the death of a woman is caused by burns or bodily injuries or occurs due to reasons other than normal circumstances within 7 years of her marriage and if it is find that the wife is subjected to cruelty by her husband or his relatives, the death is termed as DOWRY DEATH. Section 313-316 IPC. says that forcing a wife to terminate her pregnancy also forms domestic violence. Section 306 is available to punish relatives for abetment of suicide. The Dowry Prohibition Act 1986, also available as putting ban on the practice of dowry. Throwing acid has been made punishable under the amendmets of IPC.

Newly formed Law for protection of women; In 1992, lawyers collectively drafted and circulated a Bill on domestic violence. It was widely circulated among women’s groups including the National Commission for women, but by this time, most of women’s groups wanted a law on domestic violence. Drafted in accordance with the UN framework, this Bill had the great support of the women. Thus, Indian Government introduced a Bill on domestic violence in Lok Sabha titled as ‘The protection of women from Domestic Violence Bill 2001’. Great deliberations were going on and great need was felt to such legislation in effect. The Act was passed by Parliament and assented to by the President. It was named as ‘The Protection Of Women Against Domestic Violence Act 2006″. It was the first significant attempt to recognize domestic abuse as a punishable offence to extend its provisions to those in live in relationships, and to provide for emergency relief for the victim.

Section 2 provides protection against act, conduct, omission and commission that harms or has the potential to harm, will be considered as ‘Domestic Violence’. This legislation has widened the scope of domestic violence and now it can be broadly related to human rights. The definition contains physical, mental, economical and sexual violence suffered by large section of women and entitles them to claim protection from the courts. Section 494 of IPC has been proved insufficient for women protection, hence this Act was enacted for effective protection of rights of women guaranteed by Constitution i. e. Equality. Definition of ‘AGGRIEVED PERSON’ is equally wide which not only covers the legally wedded wife but also woman who is the sexual partner of the male, the daughter, mother, sister, child widow or any women residing in the house of the respondent.

Relationship in the nature of marriage provides remedy to those women whose marriages may be void or invalid in the eyes of law and protection of women who are live- in-relationships. In Aruna Parmod Shah v. UOI long periods of cohabitation between a men and women raise a presumption of marriage.

The concept of shared household means a household where the aggrieved person lives or had lived in a domestic relationship either singly or along with respondent and includes a household owned or rented. Granting supremacy to the rights of residence of women, the Delhi High Court held that a woman can never be charged with trespass if she insists on staying with her husband in a house taken or rented by the husband. Supreme Court judgement on SR Batra V. Taruna Batra constitutes rights of a wife to live in husband’s house. This is most important judgement since even today there is lot of misunderstandings about rights of women on their husbands/in-laws property/house. It was held right is available to a woman only against her husband and not against in-laws. Mother-in-laws house does not become shared house. It only meant house owned or rented by husband only.

There are various reliefs that be granted under this ACT. The magistrate if satisfied that the domestic violence has taken place, can pass the protection order in favor of the aggrieved person and prohibit the respondent from committing any violence. Such order would be in operation till the aggrieved person applies for discharge and the order can also be altered, modified and revoked. One of the most important feature of the Act is that women’s right to secure housing. This right is secured by a residence order passed by court. The Act provides that if an abused woman requires, she has to be provided an alternate accommodation and her maintenance has to be paid by her husband or partner.

The right of a divorced woman to residence in the shared house would depend on the terms and conditions of the divorce order as held in B. R. Achala V. S appi Reddy and Ors.

Under section 20, a woman can claim maintenance or monetary relief to meet the expenses incurred. It may include loss of earnings, medical expenses and loss of property. Such relief should be adequate, fair and reasonable and according to the standard of living. She can claim the compensation for the injuries including mental torture and emotional distress caused by violent acts. In Rajsesh kurre V. Safurabhai and Ors. the court is competent to award maintenance to the aggrieved person and child of that person according to section 20. And they do not require to establish the case under section 125 of CRPC. Section 21, provides the magistrate can give the custody of the child /children to the aggrieved person and if necessary make arrangements for visit of such child/children by the respondent.

A woman has the right to the services and assistance of the protection officer and service providers arranged under the provisions of the law. She will have the right to the services of the police, shelter homes and medical establishments. She also has the right to file her complaint under section 494 of IPC along with this Act.

An application under section 12 can be filed before the Magistrate directly. An application can be filed by any aggrieved person and against the adult male against whom the aggrieved has sought relief. There is an exception that an aggrieved wife or female living in relationships in the nature of marriage can file a complaint against a relative of the husband or partner. The Act is controversial on the point whether a female can be made respondent or not. The Supreme Court in Sandhya Manoj Wankade V. Manoj Bhimrao Wankade held that female relative can also be made respondent. An application can be filed in the Court of Judicial Magistrate of the first class or the Metropplitan Magistrate within the local limits of which, the aggrieved person resides or carries on business, the respondent resides or carries on business or the cause of action has arisen. A Domestic Incident Report (DIR) should be made in the prescribed from on the receipt of domestic violence from an aggrieved person. The Magistrate takes into consideration that report while coming to an conclusion. In Ajay kamal V. Alka Sharma High Court of MP held that if the DIR is not made, it cannot quash the proceedings, hence the DIR is not compulsory. The application should be in prescribed form but the application cannot be thrown out if it is not in the prescribed format as in Milan Kumar Singh V. State of U. P.

A notice to the respondent is served after the filing of the application through the Protection Officer. The Magistrate can pass an interim order to prevent further violence by providing the immediate relief to the woman. He can also pass the exparte order if the Magistrate satisfies that domestic violence may be committed. An appeal shall lie to the Court Of Session within 30 days from the date of the order of the Magistrate. He may also at any stage may secure the services of the persons engaged in promoting family welfare for the purpose of assisting him in discharging his functions. The orders under this Act are to be enforced in the same manner as in section 125 of CRPC. The court can direct the Protection Officer to assist in the implementation of the order. A breach of protection order or of an interim order by the respondent shall be an offence. It impose penalty upto one year imprisonment or fine of Rs. 20, 000, or both. This offence is congnizable and non- bailable.

Section 32(2) provides that upon the sole testimony of the aggrieved person, the court may conclude that the offence has been committed. The Act ensures speedy justice as the court has to start the proceedings and have the first hearing within 3 days of the complaint. The Act also provides for the penalty for not discharging duty of protection officer.

Till 2005, remedies available for the victims of domestic violence in the civil court and criminal court were limited. There were no emergency reliefs available to the victims and relationships outside marriage were not recognized.

Critical appraisal of the Act: Though Act widens the concept of Domestic Violence but it does not include ‘forced sex’ or ‘ sex without the wife’s consent’. This Act had been adopted from US Act where there are nuclear families. Woman’s right to demand accommodation only in husband’s house is wrong. There is no provision if a female files a false against the males as females can’t be made respondents according to this act. It is always not the fault of men if there is distressed marriage. No where is mentioned the violence against mother-in-law, they can be the victims of violence in the hands of daughter-in-laws. Further the provision of divorce also not been here. The Act relieved the women to a wide extend but should be improved in various context.

AT THE END, I WANT TO SAY A FEW WORDS TO EVERY MAN THAT,

“IF A MAN WANTS A WOMAN TO BE AN ANGEL, HE HAS TO MAKE HIS HOME HEAVEN, BECAUSE ANGLES’ CAN’T LIVE IN HELL.”

Dealing With Domestic Violence And Family Law

Dealing with a court case is difficult. And it is even more so when dealing with a family court case. One of the most common that involves families is domestic violence. As would be expected, victims should be encouraged to stand up against such an offense. However, the family law that deals with domestic violence is as not as friendly as would be expected. For the most part, it is especially risky to victims. Aside from other difficulties the victims have to be faced with, the law requires victims to secure criminal case documents against the offender. In which case, domestic violence victims should be careful in making decisions from the filing of the case to the rest of handling the demands of the proceedings.

Aside from dealing with the case emotionally coupled with the shame of having to face such an issue, the victims also have to deal with legal aspects. There are many things to understand. Such elements can either make or break the chances in court. So it is important to have a better understanding of the law. In this regard, having a dependable legal counsel will be of great help.

A clear understanding of the family law and court limitations with regard to handling domestic violence cases should be established. Along with the hired lawyer, the victim should see to it that enough evidence is secured and duly presented in court. Of course, the defendant will have the chance to present or counter the accusations and can also present their own evidences against the victim. In this case, the victim should be prepared to make a defense for any possible accusations which may be presented in court.

As a prerequisite to filing for a domestic violence case, a criminal case should be duly filed. The victim should ensure that the police or the DA have the corresponding proof against the abuser. If none is filed, the victim should absolutely make a police report of the criminal act.

If things are particularly difficult just filing for the case, it will become even tougher during the case proceedings. Hence, extensive preparation is called for. The family law and the way victims are protected can be discouraging and it certainly involves legal complexities. This is why treading the case alone is not recommended. Having a dependable and credible lawyer for back up and guidance will be of great help to get through and possibly win the case.

Introduction to Domestic Violence Charge

An argument or kind of injurious actions in a relationship may result in getting charged with domestic violence. Though there could be a difference between the terms domestic violence and domestic abuse, these can lawfully hold the same or comparable charges. A person is liable for immediate arrest when committing a physical violence against his/her spouse/partner. Emotional, verbal or psychological abuse for an extended period of time may also suffice for being charged with domestic violence.

If the abused person opts to take action amounting to charges, the negative and abusive behavior of the abuser may get intensified. Getting imprisoned and facing jail term, losing the child’s custody or restraining may be issued by the court against such charges.

Domestic abuse can be defined as a rude or insulting behavior towards a spouse or a partner in relationship. Generally, such behavior embraces vilification, exploitation and extreme control by one of the partners. Abusive behavior means threats, name calling or not fulfilling financial requirements. When an abusive behavior turns physical, it is often treated as domestic violence.

In the US, many states have included specific protections and responses for reporting domestic abuse. Physical beating, kicking or other types of mugging can lead to getting arrested and charged with domestic violence. Even threatening actions or words can suffice for taking legal action against the suspected abuser. A spouse who is separated from his/her partner on charges of domestic violence can seek protection under the stalking laws. The charges and the sentence awarded to the abuser would depend on where the crime was committed, and the extent of damages caused.

If a person is not aware of the laws, he/she could inquire the police station in incognito. Those in power may look for reasons for proposing and issuing charges of domestic violence. Usually, action is taken for protecting the abused spouse before taking steps for arresting the abuser. In case police is called in when the domestic abuse is continuing, generally one of the involved partners is taken away from the scene of action for a definite period of time, or he/she may be arrested for being kept in custody for presenting before court.

Usually, much before making a violence charge, the abused person could have explored the possibilities of walking out of the abusive relationship. Generally, it is advisable to seek the help of some dedicated program. Hot lines are included in phone books, enabling people facing domestic violence to seek police help. It is imperative, and always proves helpful to remove one partner from the site of violence. Such an action frequently proves to be of immense help in preventing disastrous consequences.

Ask A Domestic Violence Lawyer: Taking Time Off Work

For those who are victims of abuse from an intimate partner, the right to take time off from work is provided under federal law. In some situations, state laws may also provide extended leave for employees who are injured due to abuse. It is best to consult a domestic violence lawyer if the workplace does not comply with laws provided.

What Is Domestic Violence?

Domestic violence can be defined as the mental or physical abuse inflicted by a partner. It can often deter the victim from going to work, whether it is for the purpose of obtaining medical assistance or to move to a safer location. Time off may also be required if one person damages or sabotages the others ability to get to work, such as vehicular damage or withholding access to cash.

Because of the increased amount of time away from work that is required to deal with these situations, many states have chosen to adopt domestic violence leave laws that provides time off for victims. In addition to utilizing the Family Medical Leave Act, which provides up to 12 weeks off per year to handle personal or family medical ordeals, these specialized laws permit victims to take time off to attend court proceedings.

Statewide Domestic Violence Leave Laws

The states that currently have these laws in place are very similar in what they cover, but there are variations.

For instance, some may vary in the length of time they offer. Some states provide a set amount of days off while others simply stipulate that a “reasonable amount of time” away is adequate. Other states only require that an employee not be fired due to absence stemming from a domestic abuse incident.

The stated reason for being away is also a consideration that varies. The list of covered activities is different, but may include all or some of the following: seeking mental or emotional counseling, seeking a domestic violence lawyer, going to court, or seeking a restraining order.

In addition, each state has different requirements for the application process. Some employers may need significant notice and extensive paperwork. However, there are typically stipulations in place for emergencies when notice is not an option. Other areas may require written proof for being absent.

The issue of paid days off will also depend on your location. No state requires employers to pay employees for time off. Employees may be able to use accrued hours from vacation or sick days before taking leave.

When dealing with abuse situations, it is crucial to work closely with a domestic violence lawyer to ensure total safety from an aggressor. They can also advise when a victim may need to take time off to deal with all that is necessary in these cases.

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