Domestic Violence and Cruelty against Women during COVID-19 Lockdown

Table of Contents

Image Courtesy: global.unitednations.entermediadb.net.

What is the Domestic Violence (DV) Act ?

This article is also explained through a video below.

Domestic violence is a form of abuse or violence in a domestic setting or relationship committed by causing hurt, injury to life, limb, health, safety or mental and physical well-being or causing harm, injury, or danger to the woman with an intention to coerce her or any other person related to her to meet any demand for dowry. The Prevention of Women from Domestic Violence Act of 2005 recognizes domestic violence as a human rights violation and provides its exhaustive definition under Section 3 of the Act, listing all acts that comprise forms of abuse such as physical abuse, sexual abuse, verbal and emotional abuse, as well as economic abuse. The Act recognizes a woman’s right to live in a violence-free environment and lays down provisions for the protection of a woman irrespective of her relationship with the accused person. Section 2 (a) of the DV Act defines “aggrieved person” as any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.

VIDEO/ VLOG

https://www.youtube.com/watch?v=Z_FEvU-bPpM

What is Cruelty against women (498A Indian Penal Code 1860)

Section 498A of the Indian Penal Code, 1869 was enacted in the year 1983 to control the menace of cruelty against married women in the form of harassment caused by the husband or his relatives often resulting in dowry deaths. Section 498A of the IPC reads as follows:

“Husband or relative of husband of a woman subjecting her to cruelty — Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation. — For the purposes of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.”’

A complaint under Section 498A can be filed by the aggrieved woman or by a person related to her or by a public servant as may be notified by the State Government in this behalf. A complaint under this section may also be made simultaneously alongside a complaint under the DV Act 2005 by a domestic violence victim.

The Supreme Court in the case of Arnesh Kumar v/s State Of Bihar & Another, (2014) 8 SCC 273 observed that Section 498A, IPC being a non-bailable and cognizable offence is often misused by certain women resulting in harassment of the husband and his relatives. The Hon’ble Court laid down guidelines to be followed by a police officer while arresting under Section 498A IPC and that an arrest shall be made only upon reasonable satisfaction that the allegations made are genuine.

How to register Complaint (Complain Case under DV Act or first information report)

A complaint may be made by an aggrieved person or any person who has a reason to believe that an act of domestic violence has been, or is being, or is likely to be committed, to a police officer/a Protection Officer or Service Provider (an NGO) or else an application can directly be filed before the Magistrate.

Protection Officers are appointed by State Government Under Section 8 of the DV Act, who shall as far as possible be women and shall possess as much qualification and experience as may be prescribed. It shall be the duty of the Protection Officers to assist the Magistrate in discharge of his duties, to make a domestic incident report to the Magistrate upon receipt of complaint of domestic violence and forward copies thereof to the police officer incharge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed.

The aggrieved woman shall be informed of the following rights by the one who receives her complaint:
Right to make an application for obtaining relief by way of protection order, an order for monetary relief, a custody order, a residence order, a compensation order;
The availability of services of the Protection Officers, Service providers, including shelter homes, medical examination, etc.
Right to free legal services under the Legal Services Authorities Act 1987 and the right to file a complaint under Section 498A of the Indian Penal Code, 1860.

As per the DV Act, the complaints are required to be heard and disposed of within a period of 60 days, and once a complaint is filed it is taken up for hearing within 3 days.

How to register complaint or get remedy when one cannot approach Courts i.e. during these lockdowns?

The Covid- 19 pandemic has placed millions of people under lockdown and hence encouraged abusers and incidents of domestic violence around the world.

At a time such as this, it is extremely difficult for aggrieved women to make a complaint against their perpetrators. The following steps may be taken by a domestic violence victim for registration of complaint:

First Information Report: A woman can approach the nearest police station to file an FIR. If the police claims that the incident does not fall within its jurisdiction, then the woman can ask them to register a Zero FIR (an FIR filed in any police station irrespective of jurisdiction ) which can later be transferred to the concerned police station. The police shall note down all the information and get the same checked and signed by the complainant.
Online FIR- An FIR may be filed online if such facility is provided by the state government.

National Commission for Women- A domestic violence victim can either file an online complaint on the website of NCW: http://ncw.nic.in/ or call either of their helpline numbers/181 for assistance.

Due to the rise in the number of cases of domestic violence, the National Commission for Women (“NCW”) launched a Whatsapp emergency number- 7217735372 for support and assistance of women facing domestic violence

*Image Courtesy: https://intpolicydigest.org/*

What is Protective Order under the DV act?

An aggrieved woman while being informed about her rights, may choose to seek a protection order by way of an application to be filed by a Protection Officer on her behalf, in a prescribed form and manner.

As per Section 27 of the DV Act, application for protection order or any other relief is to be filed in the Court of Judicial Magistrate 1st Class or Metropolitan Magistrate.

When the Magistrate is satisfied from the material placed before him and after providing an opportunity of hearing to both parties that domestic violence has taken place, he may pass a Protection Order under Section 18 of the DV Act 2005 in favour of the aggrieved woman thereby prohibiting the respondent from:

committing an act of domestic violence
abetting or aiding commission of domestic violence’
entering the place of employment of the aggrieved woman
attempting to communicate in any form with the aggrieved woman
alienating any assets used or held or enjoyed jointly by both the parties; or
alienating any assets used or held or enjoyed by the aggrieved party alone
operating bank lockers or bank accounts used or held or enjoyed by the aggrieved person or both the parties jointly
alienating any assets, operating bank lockers or bank accounts (referred to above) or Stridhan or any other property, without leave of the Magistrate;
Causing violence to the dependants or other relatives or any person who assists the aggrieved person in protecting her from domestic violence;

Section 31 of the Act provides that the breach of a protection order is an offence and shall be punishable with imprisonment of either one year and/or a fine.

An aggrieved person may report the breach of a protection order to a Protection Officer who shall then inform the concerned Magistrate or may directly make a complaint to the Magistrate. A simple affidavit by the woman that a particular Protection Order has been breached is enough to trigger off the procedures prescribed to address breaches.

What are reliefs that are expected from Courts?

An aggrieved person can directly file a complaint before a Court/Magistrate or get the samefiled by a Police Officer/Protection Officer or Service Provider. Application may be filed before the Magistrate seeking various forms of relief stated earlier.

The Magistrate shall fix the date of hearing which shall not ordinarily be beyond three days from the receipt of the application by the Court, and shall endeavor to dispose every application within a period of 60 days from the date of the first hearing.

A notice of the date of hearing shall be given by the Magistrate to the Protection Officer who shall serve it on the respondent and on any other person as directed by the Magistrate within a maximum period of two days.

The Magistrate may –
Direct the respondent or the aggrieved person, either singly or jointly, to undergo counseling.
Direct that the woman shall not be evicted or excluded from the household or any part of it.
If considered necessary, the proceedings may be directed to be conducted in camera.
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/damages for the injuries. Including mental torture and emotional distress caused by the acts of domestic violence committed by that respondent.
Breach of any order of the Magistrate is an offence which is punishable under the law

How to get Relief during these lockdowns?

Since the confinement has escalated into stress and frustration amongst families whose breadwinners are facing monetary strain, it has become increasingly difficult for women to come out of their houses and raise a voice against the abusers. The initiative by the National Commission for Women of providing an emergency whatsapp number has helped many victims to report their cases. The government at this time, apart from fighting the current global pandemic shall ensure easy access of women to critical services and involve the civil society in devising ways of tackling the growing menace of domestic violence and work to reduce the stigma surrounding the victims of such violence.

There is a dire need for awareness amongst women helping them to muster the courage to approach the nearest police stations or contact the state/national commission for assistance.