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CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

DOMESTIC VIOLENCE
REMEDIES - PART I

AND

LEGAL

-N.Prassanvadana,
ALTACIT GLOBAL
AN INTRODUCTION INTO DOMESTIC VIOLENCE
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

•

Definition Domestic violence and emotional abuse are behaviors used by one
person in a relationship to control, abuse, harm the other.
– Partners may be married or not married; Domestic violence, also known as domestic
abuse, spousal abuse, battering, family violence, dating abuse, and intimate partner
violence
– (IPV), is a pattern of behavior which involves the abuse by one partner against
another in an intimate relationship such as marriage, cohabitation, dating or within
the family.
– Domestic violence can take many forms, including physical aggression or assault
(hitting, kicking, biting, shoving, restraining, slapping, throwing objects, battery), or
threats thereof; sexual abuse; emotional abuse; controlling or domineering;
intimidation; stalking; passive/covert abuse (e.g., neglect); and economic deprivation.
– Alcohol consumption and mental illness can be co-morbid with abuse, and present
additional challenges in eliminating domestic violence. Awareness, perception,
definition and documentation of domestic violence differs widely from country to
country, and from era to era.
FORMS OF DOMESTIC VIOLENCE
WORLD OVER
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

•

DOMESTIC VIOLENCE IN INDIA
– Domestic Violence in India has taken several forms in India since
times immemorial. This was at times endorsed by religion and
patriarchal society as in case of Sati, customs of Widowhood,
child marriage, polygamy, Pardha customs, Dowry, Honor killing
etc. Domestic violence in India is endemic and widespread
predominantly against women.
– Around 70% of women in India are victims of domestic violence,
according to Renuka Chowdhury junior minister for women and
child development.
STATISTICS ON CRIMES
AGAINST WOMEN
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

•

National Crime Records Bureau reveal that
– a crime against a woman is committed every three minutes,
– a woman is raped every 29 minutes,
– a dowry death occurs every 77 minutes, and
– one case of cruelty committed by either the husband or relative of the
victim occurs every nine minutes.
– The above occurs despite the fact that women in India are legally protected
from domestic abuse under the
Protection of Women from Domestic Violence Act)
STATISTICS CONTD…
Distribution of prevalence
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

– In a 2000 multi-site household survey conducted in India, it was found
that while overall approximately 50% of women surveyed had
experienced some form of domestic violence throughout their married
life, the rates varied significantly by specific location as well as overall
region.
– In rural areas and urban slums, that rate was approximately 55%,
whereas in urban non-slum areas the rate was less than 40%.
– Domestic violence is known to happen in upper-class families as well as
NRI families.
– According to a study made by Michael Koenig about the determinants
of domestic violence in India published by the American Journal of
Public Health in 2006, higher socioeconomic status tends to be
protective against physical but not sexual violence.
LEGAL REMEDIES
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

•

Various enactments have aimed at alleviating the lot of women both at home and
outer society. Some of these are:
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–

Criminal Law (Amendment) Act, 2013
IPC Provisions 498A, 406.
Indecent Representation of Women (Prohibition) Act, 1986
Medical Termination Of Pregnancy Regulations, 2003
Protection of Women from Domestic Violence Act, 2005
Report of the Justice J.S Verma Commitee, January 2013
Section 125 CRPC
The Commision of Sati (Preventation) Act, 1987 & Rules
The Guardians And Wards Act,1890
The Hindu Marriage And Divorce Act.1961
The Special Marriage Act-1954
The Medical Termination Of Pregnancy Act, 1971
The Prohibition Of Child Marriage Act, 2006
The National Commission For Women Act, 1990
The Young Persons (Harmful Publications) Act,1956
The Dowry Prohibition Rules, 1985
498A IPC
(from 25-12-1983)
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

– 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.
– “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.
CLASSIFICATION OF OFFENCE
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

•

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

•

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

Punishment—Imprisonment for 3 years and fine Cognizable if
information relating to the commission of the offence is given to
an officer in charge of a police station by the person aggrieved by
the offence or by any person related to her by blood, marriage or
adoption or if there is no such relative, by any public servant
belonging to such class or category as may be notified by the State
Government in this behalf
—Non-bailable
—To be tried by Magistrate of the first class
—Non-compoundable.
How is it different from
Dowry Prohibition Act 1961?
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

•

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

•

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

In section-4 of the Dowry Prohibition Act 1961, it is the
demand of dowry which is punishable whereas under sec498A I.P.C. demand of dowry coupled with cruelty is
punishable and as such these two offences are distinct.
A person can be prosecuted for both the offences
punishable under the said two sections.
PROTECTION OF WOMEN FROM
DOMESTIC VIOLENCE ACT, 2005:
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE

•

Decade after decade witnessed high statistics of domestic violence
against women in India, since the existing laws could not adequately
combat the violence against women.

•

Finally the just demands of various women rights groups in the country
were met with the enactment of the Domestic Violence Act of 2005.

•

Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

Domestic Violence Act of 2005 provides victims of abuse with a means
for practical remedy through prosecution.

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com
Definition of “Domestic Violence”
as per PWDV Act, 2005:
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

– Domestic violence is currently defined in India by the
Protection of Women from Domestic Violence Act of 2005.

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

– According to Section 3 of the Act, “any act, omission or
commission or conduct of the respondent shall constitute
domestic violence in case it - (a) harms or injures or
endangers the health, safety, life, limb or well-being,
whether mental or physical, of the aggrieved person or
tends to do so and includes causing physical abuse, sexual
abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved
person with a view to coerce her or any other person related
to her to meet any unlawful demand for any dowry or other
property or valuable security;
CONTD….
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

•

or (c) has the effect of threatening the aggrieved person or any
person related to her by any conduct mentioned in clause (a) or
clause (b); or (d) otherwise injures or causes harm, whether
physical or mental, to the aggrieved person.” It has been
alleged that the Domestic Violence Act of 2005 has been used
against men in some cases. However the vast majority of cases
involve abuse of a woman. In Mumbai, men alleged that women
were misusing the Domestic Violence Act, while in Karnataka,
the act cannot be used against women. The Delhi High Court
clarified that the Act could also be used to prosecute women.
TYPES OF DOMESTIC ABUSE
UNDER THE ACT
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

–

"physical abuse" means any act or conduct which is of such a nature as
to cause bodily pain, harm, or danger to life, limb, or health or impair
the health or development of the aggrieved person and includes assault,
criminal intimidation and criminal force;
– "sexual abuse" includes any conduct of a sexual nature that abuses,
humiliates, degrades or otherwise violates the dignity of woman;
– "verbal and emotional abuse" includes- (a) insults, ridicule, humiliation,
name calling and insults or ridicule specially with regard to not having a
child or a male child; and (b) repeated threats to cause physical pain to
any person in whom the aggrieved person is interested.
CONTD…..
"Economic Abuse" includesCHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

–

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

–
–

–
–
EMAIL

info@altacit.com
WEBSITE

www.altacit.com

deprivation of all or any economic or financial resources to which the aggrieved
person is entitled under any law or custom whether payable under an order of a
court or otherwise or which the aggrieved person requires out of necessity
including, but not limited to, household necessities for the aggrieved person and
her children, if any.
Stridhan property, jointly or separately owned by the aggrieved person,
payment of rental related to the shared household and maintenance;
disposal of household effects, any alienation of assets whether movable or
immovable, valuables, shares, securities, bonds and the like or other property in
which the aggrieved person has an interest or is entitled to use by virtue of the
domestic relationship or which may be reasonably required by the aggrieved
person or her children
above stated includes her stridhan or any other property jointly or separately
held by the aggrieved person and:
prohibition or restriction to continued access to resources or facilities which the
aggrieved person is entitled to use or enjoy by virtue of the domestic
relationship including access to the shared household.
SCOPE OF THE ACT

CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE

•

#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

•

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

The Act primarily means to provide protection:
– to the wife or female live-in partner from domestic violence at the
hands of the husband or male live-in partner or his relatives,
The law also extends its protection to women living in a household such as
– sisters, widows or mothers.
– Domestic violence under the act includes actual abuse or the threat of
abuse whether physical, sexual, verbal, emotional or economic.
Harassment by way of unlawful dowry demands to the woman or her
relatives would also be covered under this definition
VICTIM AND PERPERTRATOR
UNDER THE ACT
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

– Who Is The Victim (Aggrieved Person)
• Every woman (aggrieved person) or
• a child who is, or has been, in a domestic relationship
with the perpetrator (respondent) of domestic violence
can take the help of PWDV Act, 2005.
• Who Is The Abuser/Perpetrator Of Domestic Violence
Any adult male person (perpetrator) who is, or
has been, in a domestic relationship with the aggrieved
person (victim).
Provided that an aggrieved wife or female living
in a relationship in the nature of a marriage may also
file a complaint against a relative of the husband or the
male partner.
DOMESTIC RELATIONSHIP
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

•

A relationship between two persons who live or have, at any of time,
lived together in a shared household, when they are related by
– consanguinity (blood),
– marriage, or
– through a relationship in the nature of marriage,
– adoption or
– are family members living together as a joint family.
SHARED HOUSEHOLD
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

A household where the victim lives or at any stage has lived in a domestic
relationship either singly or along with the perpetrator and includes such a
household
– whether Owned, or Tenanted either jointly by the victim and the
perpetrator,
– or Owned or tenanted by either of them in respect of which either of
them or both jointly or singly have any right, title, interest or equity
and
– includes such a house hold which may belong to the joint family of
which the perpetrator is a member, irrespective of whether the
perpetrator (respondent) or the victim (aggrieved person) has any
right, title or interest in the shared house hold.
RESIDENCE ORDER UNDER THE PROTECTION
FROM DOMESTIC VIOLENCE ACT, 2005
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

– The Act seeks to cover those women who are or have been in a
domestic relationship with the abuser in a shared household .
– RESIDENCE ORDER
One of the most important features of the
Act is the woman’s right to secure housing. The Act provides for the
woman’s right to reside in the matrimonial or shared household,
whether or not she has any title or rights in the household. This
right is secured by a Residence Order, which is passed by a court.
– These residence orders cannot be passed against anyone who is a
woman.
OTHER RELIEF TO WOMEN UNDER THE ACT
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

•

The other relief envisaged under the Act is that of the power of the
court to pass protection orders that
– Prevent the abuser from aiding or committing an act of domestic
violence or any other specified act,
– Entering a workplace or any other place frequented by the
abused,
– Attempting to communicate with the abused,
– Isolating any assets used by both the parties and
– Causing violence to the abused, her relatives and others who
provide her assistance from the domestic violence.
PROTECTION OFFICERS

CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

– The Act provides for appointment of Protection Officers and NGOs to
provide assistance to the woman by offering medical examination,
legal aid, safe shelter, etc.
– The Act provides for breach of protection order or interim protection
order by the respondent as a cognizable and non-bailable offence
punishable with imprisonment for a term which may extend to one
year or with fine which may extend to twenty thousand rupees or
with both.
– Similarly, non-compliance of duties by the Protection Officer is also
sought to be made an offence under the Act with similar
punishment.
MEASURES TO BE TAKEN
BY THE AGGRIEVED PERSON
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

•

The aggrieved person may:
– Approach the help of a NGO or police.
– File an FIR (First Information Report) in the nearest police station.
– Under PWDV Act, 2005 contact the Protection Officer of the
jurisdiction and register D.I.R (Domestic Incident Report).
– Or directly approach the Magistrate

.
OTHER RELIEFS UNDER PWDV Act, 2005
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

•

The aggrieved person can obtain the following reliefs/orders:
– Protection (from any act of domestic violence) order
– Residence orders to enforce right to reside at joint dwelling
– Monetary reliefs
– Custody orders
– Compensation orders
– Interim and ex-parte orders

•

NOTE: Any order made under this Act is enforceable throughout
India.

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com
JURISDICTION
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

•

The aggrieved person can file case in the court of Judicial Magistrate of
the first class or the Metropolitan Magistrate within the local limits of
the area
– where the said person permanently or temporarily resides or
carry on business or employed; or
– Where the perpetrator permanently or temporarily resides or
carry on business or employed;
– or where the cause of action had taken place.
A PREVIEW OF PART II
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE

•

Within a limited ambit we have discussed the Forms, Legal
Implications and Remedies of Domestic Violence in the Indian
context. In the upcoming part II of the same topic we shall discuss
the star decisis leading to significant case laws on the same.

•

Part II shall also aim at developing awareness on the Verma
Committee report and the role of NGOs and women rights’
movements which are combating Domestic Violence.

Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921

EMAIL

info@altacit.com
WEBSITE

www.altacit.com

THANK YOU

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Ag domestic violence

  • 1. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com DOMESTIC VIOLENCE REMEDIES - PART I AND LEGAL -N.Prassanvadana, ALTACIT GLOBAL
  • 2. AN INTRODUCTION INTO DOMESTIC VIOLENCE CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • Definition Domestic violence and emotional abuse are behaviors used by one person in a relationship to control, abuse, harm the other. – Partners may be married or not married; Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, dating abuse, and intimate partner violence – (IPV), is a pattern of behavior which involves the abuse by one partner against another in an intimate relationship such as marriage, cohabitation, dating or within the family. – Domestic violence can take many forms, including physical aggression or assault (hitting, kicking, biting, shoving, restraining, slapping, throwing objects, battery), or threats thereof; sexual abuse; emotional abuse; controlling or domineering; intimidation; stalking; passive/covert abuse (e.g., neglect); and economic deprivation. – Alcohol consumption and mental illness can be co-morbid with abuse, and present additional challenges in eliminating domestic violence. Awareness, perception, definition and documentation of domestic violence differs widely from country to country, and from era to era.
  • 3. FORMS OF DOMESTIC VIOLENCE WORLD OVER CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • DOMESTIC VIOLENCE IN INDIA – Domestic Violence in India has taken several forms in India since times immemorial. This was at times endorsed by religion and patriarchal society as in case of Sati, customs of Widowhood, child marriage, polygamy, Pardha customs, Dowry, Honor killing etc. Domestic violence in India is endemic and widespread predominantly against women. – Around 70% of women in India are victims of domestic violence, according to Renuka Chowdhury junior minister for women and child development.
  • 4. STATISTICS ON CRIMES AGAINST WOMEN CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • National Crime Records Bureau reveal that – a crime against a woman is committed every three minutes, – a woman is raped every 29 minutes, – a dowry death occurs every 77 minutes, and – one case of cruelty committed by either the husband or relative of the victim occurs every nine minutes. – The above occurs despite the fact that women in India are legally protected from domestic abuse under the Protection of Women from Domestic Violence Act)
  • 5. STATISTICS CONTD… Distribution of prevalence CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com – In a 2000 multi-site household survey conducted in India, it was found that while overall approximately 50% of women surveyed had experienced some form of domestic violence throughout their married life, the rates varied significantly by specific location as well as overall region. – In rural areas and urban slums, that rate was approximately 55%, whereas in urban non-slum areas the rate was less than 40%. – Domestic violence is known to happen in upper-class families as well as NRI families. – According to a study made by Michael Koenig about the determinants of domestic violence in India published by the American Journal of Public Health in 2006, higher socioeconomic status tends to be protective against physical but not sexual violence.
  • 6. LEGAL REMEDIES CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • Various enactments have aimed at alleviating the lot of women both at home and outer society. Some of these are: – – – – – – – – – – – – – – – – Criminal Law (Amendment) Act, 2013 IPC Provisions 498A, 406. Indecent Representation of Women (Prohibition) Act, 1986 Medical Termination Of Pregnancy Regulations, 2003 Protection of Women from Domestic Violence Act, 2005 Report of the Justice J.S Verma Commitee, January 2013 Section 125 CRPC The Commision of Sati (Preventation) Act, 1987 & Rules The Guardians And Wards Act,1890 The Hindu Marriage And Divorce Act.1961 The Special Marriage Act-1954 The Medical Termination Of Pregnancy Act, 1971 The Prohibition Of Child Marriage Act, 2006 The National Commission For Women Act, 1990 The Young Persons (Harmful Publications) Act,1956 The Dowry Prohibition Rules, 1985
  • 7. 498A IPC (from 25-12-1983) CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com – 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. – “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.
  • 8. CLASSIFICATION OF OFFENCE CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 • BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 • EMAIL info@altacit.com WEBSITE www.altacit.com Punishment—Imprisonment for 3 years and fine Cognizable if information relating to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf —Non-bailable —To be tried by Magistrate of the first class —Non-compoundable.
  • 9. How is it different from Dowry Prohibition Act 1961? CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 • COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 • EMAIL info@altacit.com WEBSITE www.altacit.com In section-4 of the Dowry Prohibition Act 1961, it is the demand of dowry which is punishable whereas under sec498A I.P.C. demand of dowry coupled with cruelty is punishable and as such these two offences are distinct. A person can be prosecuted for both the offences punishable under the said two sections.
  • 10. PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005: CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE • Decade after decade witnessed high statistics of domestic violence against women in India, since the existing laws could not adequately combat the violence against women. • Finally the just demands of various women rights groups in the country were met with the enactment of the Domestic Violence Act of 2005. • Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 Domestic Violence Act of 2005 provides victims of abuse with a means for practical remedy through prosecution. COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
  • 11. Definition of “Domestic Violence” as per PWDV Act, 2005: CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 – Domestic violence is currently defined in India by the Protection of Women from Domestic Violence Act of 2005. BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com – According to Section 3 of the Act, “any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it - (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security;
  • 12. CONTD…. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • or (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.” It has been alleged that the Domestic Violence Act of 2005 has been used against men in some cases. However the vast majority of cases involve abuse of a woman. In Mumbai, men alleged that women were misusing the Domestic Violence Act, while in Karnataka, the act cannot be used against women. The Delhi High Court clarified that the Act could also be used to prosecute women.
  • 13. TYPES OF DOMESTIC ABUSE UNDER THE ACT CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com – "physical abuse" means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force; – "sexual abuse" includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman; – "verbal and emotional abuse" includes- (a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and (b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.
  • 14. CONTD….. "Economic Abuse" includesCHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 – BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 – – – – EMAIL info@altacit.com WEBSITE www.altacit.com deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any. Stridhan property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance; disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children above stated includes her stridhan or any other property jointly or separately held by the aggrieved person and: prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.
  • 15. SCOPE OF THE ACT CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE • #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 • EMAIL info@altacit.com WEBSITE www.altacit.com The Act primarily means to provide protection: – to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives, The law also extends its protection to women living in a household such as – sisters, widows or mothers. – Domestic violence under the act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition
  • 16. VICTIM AND PERPERTRATOR UNDER THE ACT CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com – Who Is The Victim (Aggrieved Person) • Every woman (aggrieved person) or • a child who is, or has been, in a domestic relationship with the perpetrator (respondent) of domestic violence can take the help of PWDV Act, 2005. • Who Is The Abuser/Perpetrator Of Domestic Violence Any adult male person (perpetrator) who is, or has been, in a domestic relationship with the aggrieved person (victim). Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.
  • 17. DOMESTIC RELATIONSHIP CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • A relationship between two persons who live or have, at any of time, lived together in a shared household, when they are related by – consanguinity (blood), – marriage, or – through a relationship in the nature of marriage, – adoption or – are family members living together as a joint family.
  • 18. SHARED HOUSEHOLD CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com A household where the victim lives or at any stage has lived in a domestic relationship either singly or along with the perpetrator and includes such a household – whether Owned, or Tenanted either jointly by the victim and the perpetrator, – or Owned or tenanted by either of them in respect of which either of them or both jointly or singly have any right, title, interest or equity and – includes such a house hold which may belong to the joint family of which the perpetrator is a member, irrespective of whether the perpetrator (respondent) or the victim (aggrieved person) has any right, title or interest in the shared house hold.
  • 19. RESIDENCE ORDER UNDER THE PROTECTION FROM DOMESTIC VIOLENCE ACT, 2005 CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com – The Act seeks to cover those women who are or have been in a domestic relationship with the abuser in a shared household . – RESIDENCE ORDER One of the most important features of the Act is the woman’s right to secure housing. The Act provides for the woman’s right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household. This right is secured by a Residence Order, which is passed by a court. – These residence orders cannot be passed against anyone who is a woman.
  • 20. OTHER RELIEF TO WOMEN UNDER THE ACT CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • The other relief envisaged under the Act is that of the power of the court to pass protection orders that – Prevent the abuser from aiding or committing an act of domestic violence or any other specified act, – Entering a workplace or any other place frequented by the abused, – Attempting to communicate with the abused, – Isolating any assets used by both the parties and – Causing violence to the abused, her relatives and others who provide her assistance from the domestic violence.
  • 21. PROTECTION OFFICERS CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com – The Act provides for appointment of Protection Officers and NGOs to provide assistance to the woman by offering medical examination, legal aid, safe shelter, etc. – The Act provides for breach of protection order or interim protection order by the respondent as a cognizable and non-bailable offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both. – Similarly, non-compliance of duties by the Protection Officer is also sought to be made an offence under the Act with similar punishment.
  • 22. MEASURES TO BE TAKEN BY THE AGGRIEVED PERSON CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • The aggrieved person may: – Approach the help of a NGO or police. – File an FIR (First Information Report) in the nearest police station. – Under PWDV Act, 2005 contact the Protection Officer of the jurisdiction and register D.I.R (Domestic Incident Report). – Or directly approach the Magistrate .
  • 23. OTHER RELIEFS UNDER PWDV Act, 2005 CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 • The aggrieved person can obtain the following reliefs/orders: – Protection (from any act of domestic violence) order – Residence orders to enforce right to reside at joint dwelling – Monetary reliefs – Custody orders – Compensation orders – Interim and ex-parte orders • NOTE: Any order made under this Act is enforceable throughout India. BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
  • 24. JURISDICTION CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • The aggrieved person can file case in the court of Judicial Magistrate of the first class or the Metropolitan Magistrate within the local limits of the area – where the said person permanently or temporarily resides or carry on business or employed; or – Where the perpetrator permanently or temporarily resides or carry on business or employed; – or where the cause of action had taken place.
  • 25. A PREVIEW OF PART II CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE • Within a limited ambit we have discussed the Forms, Legal Implications and Remedies of Domestic Violence in the Indian context. In the upcoming part II of the same topic we shall discuss the star decisis leading to significant case laws on the same. • Part II shall also aim at developing awareness on the Verma Committee report and the role of NGOs and women rights’ movements which are combating Domestic Violence. Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
  • 26. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE #1533, Trichy Road, Coimbatore, India – 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com THANK YOU