Introduction: Are you a woman (or know of any woman, whom you want to help) who has been facing cruelty at home? Then look no further, “"Protection of Women from Domestic Violence Act, 2005” (effective from 26th October, 2006 in all states & union territories) ensures that you no longer have to lead a life in cruelty. You would get justice within 60 days of the first hearing! On top of that, a person (called Protection Officer) would assist you in every steps of your fight to get justice! Lets learn more of this!
Who can seek justice under this act? To get justice under this act, you need not naturally be the wife of the person (called respondent) whom you want to complain against. The act covers not just the wife but a woman who is the sexual partner of the male irrespective of whether she is his legal wife or not. The daughter, mother, sister, child (male or female), widowed relative, in fact, any woman residing in the household who is related in some way to the respondent, is also covered by the Act.
What constitutes a Domestic Violence? ‘Domestic violence’ includes actual abuse or the threat of abuse that is physical, sexual, verbal, emotional and economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition. Examples include: Physical abuse - Beating, pushing, shoving Sexual abuse - Forcing to have intercourse or look at pornography Verbal abuse - Insulting Economic abuse - Not providing for wife and children.
How to lodge a complaint? If you are a victim, you can lodge the complaint yourself. The complaint can also be lodged by "any person who has reason to believe that" such an act has been or is being committed. This means that neighbours, social workers, relatives etc. can also lodge the complaint on your behalf.
The complaint can be lodged directly to the court or also through the “Protection Officer”. You can download this form by clicking here to lodge the complaint. This form is also available with the “Protection Officer” of your locality.
Who is a Protection Officer? A “Protection Officer” is a local officer appointed/nominated by the state Govt. to help a victim get justice. He may either be a state government official (not below the rank of Deputy Tehsildar or a Block Development Officer) or be a representative of a NGO/ Service Provider registered under the Act (who has served the organization for at least 2 years and has been working in the area of empowerment of women). As a victim, you have the right to request the Protection Officer for following assistance: 1. To assist you in providing for your safety, including asking for an appropriate protection order in view of the risk of the violence to you and your children. 2. To assist you in obtaining your essential personal effects and locating and taking you to a including any registered service provider under the Act but not limited to it or to a family member's or a friend's residence, or a similar place of safety. 3.0 To assist you in getting medical treatment if you are in need of medical treatment for yourself or your children. 4.0 To assist you in registering an FIR in the police station.
You also have the right to ask the protection officer to assist you in reporting the matter yourself directly to the concerned court or filing any application yourself directly in the concerned court and not through the Protection Officer.
You may request a copy of any report or application to the court filed in your case, free of cost.
What justice you can expect from the court? Under this act, magistrate has the powers to permit the aggrieved woman to stay in her place of abode and not be evicted by the husband in retaliation, even if she has no legal claim or share in the property.
The magistrate also has powers to protect the woman from acts of violence or even "acts that are likely to take place" in the future and can prohibit the respondent from dispossessing the aggrieved person or in any other manner disturbing her possessions, entering the aggrieved person's place of work or, if the aggrieved person is a child, the school. The respondent can also be restrained from attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral, written, electronic or telephonic contact". The respondent can even be prohibited from entering the room/area/house that is allotted to her by the court.
The Act allows magistrates to impose monetary relief and monthly payments of maintenance. The respondent can also be made to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of domestic violence and can also cover loss of earnings, medical expenses, loss or damage to property and can also cover the maintenance of the victim and her children.
It also allows the magistrate to make the respondent pay compensation and damages for injuries including mental torture and emotional distress caused by acts of domestic violence.
If the offence is proven, this act gives a penalty up to one year imprisonment and/or a fine up to Rs. 20,000/- for and offence. The offence is also considered cognisable and non-bailable (Ch.V, S.32(i) while S. 32 (2) goes even further and says that "under the sole testimony of the aggrieved person, the court may conclude that an offence has been committed by the accused".
Speedier Justice: The Act also ensures speedy justice as the court has to start proceedings and have the first hearing within 3 days of the complaint being filed in court and every case must be disposed of within a period of sixty days of the first hearing (Ch.IV, S.12 (a) (4) and (5)).
What is the role of LFR? Lawyers for Rights would like to give you the legal aid as a Service Provider under Section 37 (2) (g) of the Act.
For your any further query, we would be happy to answer. You can contact us at emaillfr@gmail.com. We would also be happy if you post your comments on this topic below.
