Domestic Violence Act for Women Victims
By: Y.R. Advocate Associates
Tags: Domestic Violence, Advocate, Associates, Lawyers

Domestic Violence Act for Women Victims

Domestic Violence Act for Women Victims

The Rights and Protection of Women Victims of Domestic Violence Act

Even after its admission in the nineteenth year of the twenty-first century, there has been no decrease in crimes against women in India. Pick up any newspaper from any corner of the country and try to get some news of crime against women. The agony is that far away, women become victims of crimes even in the walls of their homes. Domestic violence cases against women also come on the day. Prior to the year 2005, women had the right to register criminal cases against domestic violence. In such cases, proceedings under Section 498A of the Indian Penal Code, 1860 were conducted. In 2005, the ‘Protection of Women Suffering from Domestic Violence Act’ was passed, in which many new ways were given to women. The purpose of section 498A is to punish the offender, whereas the purpose of the Domestic Violence Act is to provide the victim with accommodation, alimony, etc. The Domestic Violence Act is a completely non-criminal law. The biggest benefit of the Domestic Violence Act has been that women who do not want criminal action due to family or social pressure and escape from the police station, can now take effective protection measures for themselves.

So let’s know the main points of this act-

What is domestic violence?

Domestic violence has been given a very detailed definition under Section 3 of the Act. The following functions fall under the definition of domestic violence -

Physical Violence — Any act or conduct which causes physical physical pain, health or body danger or harm to the health or physical development of a woman shall be considered as physical violence of the woman. Attack on women or use of criminal force will also be considered as physical violence. For example — beating the woman, not treating the sick woman, etc.

Sexual Violence — Any act or conduct that is insulting or insulting a woman in a sexual way or harming the dignity of a woman will be considered as sexual violence. Forced sex and marital abuse will also come under the purview of sexual violence.

Verbal and emotional violence — Insulting or ridiculing or deriding a woman and insulting or ridiculing her for not having a boy or child would be considered verbal and emotional violence. Abusing a woman, using abusive language or threatening to harm her relatives will also come under this purview.

Economic misuse- Any financial or economic resource that the woman is legally entitled to or deprives the woman of the property or jointly owned property etc., will be considered as economic violence. If it is understood in easy terms, then selling any property in which the woman owns the property or to terminate the ownership of a woman will also come under this ambit. To deprive the woman of any such resource or facility or to obstruct the use for which the woman is entitled to use, such works also fall under this scope. For example, in a common household, to prevent women from using water, electricity, etc.

Demand for dowry- Dowry or unlawful demand of any valuable property also comes under the purview of domestic violence. In this regard, harming or harassing women also comes under the purview of domestic violence. In this regard, harassment of women with the view of threatening the relatives of women also comes under the purview of domestic violence.

To cause mental or physical harm to a woman in any other way is also subject to domestic violence.

Who is the victim woman?

The Domestic Violence Act does not apply only to married women but to any woman. Women related to relationships like sisters, mother, sister-in-law, etc. also fall in the family of the victim under this act. Any woman who is or has been in a domestic relationship with any man and is a victim of domestic violence can seek any solution or relief under this Act. Domestic relationship under the Act means that two persons who live or have lived in the same house and have relationship of blood relation, marriage or adoption will be considered as domestic relationship. A joint family who lives in the same house will also fall under this definition. Women living in a live-in relationship can also demand their rights under this act against domestic violence. The Supreme Court confirmed this in the 2010 D. Velusamy v. D. Patchayammal case.

Against whom can a complaint be filed?

Under the Act, the aggrieved woman can lodge a complaint against any adult man with whom she has been or is living in a domestic relationship. A married woman or a woman living in a live-in relationship can file a complaint against her husband or live-in partner or her relatives. Relatives include both male and female relatives. The person involved in the domestic violence is called the defendant or respondent.

By whom and who should register a complaint?

It is not only the victimized woman who has the right to complain of domestic violence. Any person can file a complaint on behalf of the victim. Apart from the victim woman, any of her relatives, social workers, NGO, neighbors, etc. can also file a complaint on behalf of the woman.

Apart from government officials, some institutions are also involved in the process of domestic violence. The redressal process starts with the complaint. Complaints of domestic violence can be made before any police officer, protection officer, magistrate and service provider. Service providers are voluntary organizations and companies registered to act in the interests of women and registered as service providers under the Act. The service provider has the right to make a domestic violence report, conduct a medical examination of the victim and provide shelter to the victim. Magistrate means any judicial magistrate first class under whose jurisdiction the person committing the violence resides or under whose jurisdiction the incident of violence has occurred. Protection officers are appointed under this Act and usually there is a Protection Officer in every district.

Duties of Police Officer, Magistrate and Service Provider

When any of the above mentioned person receives any complaint of domestic violence, then their duties are-

Informing the victim about her rights such as right of abode, right to maintenance, right to compensation, right to protection and right to custody of children.

To make the aggrieved woman aware of her right to free legal and legal assistance.

To make aware of the right to file criminal case under section 498A.

To make the victim aware of the protection and availability of service providers.

In short, the Domestic Violence Act is a civil (non-criminal) law. Its purpose is not to punish any man but to provide quick relief to the suffering woman. Its purpose is to solve the problems of the victim women such as economic problems, problems of living, security problems, etc. Apart from this, it is a matter of knowing that the scale of domestic violence is more than physical harassment. Mental torture, financial abuse and emotional harassment also fall under this scope. It is also a special thing that under the Act, not only married women or wives but other female relatives can also seek relief.

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