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In a scenario where the validity of your marriage is still in question, you can still complain to the authorities if there are demands from your spouse or spouse’s family. A husband not only covers a person legally married to you but also someone who enters a marital relationship by feigning his status as a husband. If this person is cruel or coerces a person in any manner to give dowry, then the wife can complain against him to the authorities.
Theme: Crimes & Violence
Can I settle matters with my wife to avoid going to court or being punished for accepting dowry?
Certain less serious crimes can be settled by the victim and the accused. However, dowry crimes cannot be settled in this manner.
How is dowry different from gifts given during weddings, from one side to another?
The crucial difference between dowry and a wedding gift is that gifts are given out of one’s own free will, there is no coercion or pressure. The main condition for something to be seen as dowry is that it must be given as a condition for marriage. So any gift that is given, whether it’s property, money, or anything else of value, would be considered as dowry, if it’s given as a condition for marriage. Customary gifts exchanged in accordance with prevailing practice and custom are not considered dowry.
If a case for dowry harassment is made against all the members of the husband’s family, even though demand was made by just one person, then are they all liable?
It depends on who has made the demand for, and is harassing the bride for dowry. If the family members can prove that they were not involved in any kind of harassment and never demanded dowry, they shall not be held liable. Therefore, it depends on who is liable and how. In case the demand was made by one person, say the husband, or the father-in-law, then the other family members will not be prosecuted. However, the burden of proof for showing that demand was not made by the whole family, remains on the family which has been accused.
Can a case of dowry be filed after divorce?
No. Courts have ruled that since the law refers specifically to the husband and his relatives, and once you are divorced that person is no longer your husband, a case of dowry cannot be filed.
Can a complaint of dowry be filed before the marriage?
Yes. The law clearly states that dowry is something that can be given at, before, or any time after the marriage. Therefore, if someone has demanded you to pay dowry before the wedding, it is still a crime, and a complaint can be filed.
Are there any special punishments for death as a result of dowry demands?
There is a specific provision in the Indian Penal Code, S. 304B which deals with Dowry death. This section makes it easier to prove dowry death as against other death-related offences. This is because it shifts the burden of proof on an accused (normally the burden of proof is on the prosecution or the complainant). As long as the prosecutor proves the case, the court will deem that the person has accused committed the offence.
The burden of proof only shifts once the prosecution can show certain things. These are:
- The death of the woman was caused by burns or injuries which are not like ordinary course burns and injuries.
- The victim was a married woman and she died within 7 years of her marriage.
- The victim suffered ‘cruelty or harassment’ because of demands for dowry. So there must be some connection between the death and demands for dowry.
Once all this is shown by the prosecutor, the court will deem that the accused has committed the offence. Now, the accused must prove that she or he did not commit the offence. The burden of proof shifts onto the accused. You can be punished with jail time of up to 7 years or more (including jail for life).
If a complaint is made against someone for demanding dowry, will they be arrested immediately?
Yes, the person will be arrested immediately. However, the person arrested has a right to apply for bail and anticipatory bail.
Can you also file a case under the domestic violence law for dowry harassment?
Yes, depending on the type of harassment faced, whether verbal or physical, it would qualify as domestic violence under the Protection of Women from Domestic Violence Act 2005. The act provides immediate relief from any kind of harassment faced. The definition of domestic violence given in the law is very wide and covers a broad range of behaviours and instances, including harassment and harm arising from an unlawful demand for dowry.(( Section 3(b), The Protection of Women from Domestic Violence Act.))
What can I do if I see an instance of sexual abuse happening to a child?
If you find out that child sexual abuse is taking place, you must report it to the police, who in turn must record your complaint in writing. If you are aware of any incident and are reasonably certain that a child is a victim of any form of sexual abuse happening to a child during the pandemic please use any of the mentioned ways to contact an authority to help the child out.
Online:
The government has an online complaint system where you can file your complaint. Your complaint will be filed to the National Commission for Protection of Child Rights.
Phone:
You can contact the following numbers:
National Commission for Protection of Child Rights- 9868235077
Childline India (Childline is a helpline for offences committed against children)- 1098
Email:
You can send an email to National Commission for Protection of Child Rights: pocsoebox-ncpcr@gov.in
Police:
Call 100 to contact the police about any information you have about any incident of child sexual abuse. After you complain, the child will be taken care of by the local police/Special Juvenile Police who will inform the Child Welfare Committee of your district who will further appoint a Support Person to assist the child and the family of the child in the legal process that will follow after the complaint.
Mobile App:
You can download the mobile app called the POCSO e-box (Android users only) and report the abuse directly through it.
Post/Letter/Messenger:
You can write to the National Commission for Protection of Child Rights with your complaint or send a messenger to this address: National Commission For Protection Of Child Rights (Ncpcr), 5th Floor,Chandralok Building 36, Janpath, New Delhi-110001 India.
Can I claim a residence order even if I am not the owner of that house?
Yes, the Act allows a survivor to be granted a residence order in the shared accommodation where she is currently residing or has resided with the accused in the past. Even if you are not the owner of that house and are a tenant or if it is the joint family property, you can apply for a residence order.
There is no Protection Officer or Service Provider in the region I live, what can I do if I am facing domestic violence?
You can either file a case under section 498A of the Indian Penal Code with the police. You also have the option of approaching the Magistrate directly to file a Domestic Incident Report. Further, you can also request the police to file the Domestic Incident Report on your behalf. In the scenario that the police refuse, you have the option of approaching a magistrate to ask the magistrate to direct the police to file a Domestic Incident Report on your behalf.
I am in a live-in-relationship and my partner abused me. Can I file a complaint under this Act?
Can I file a case against my mother-in-law or my brother?
Yes, you can file a case against your mother-in-law or your brother. As per the law, you are protected from any family members who are living together as a joint family or have lived together as a joint family at any point.
Does my husband have to be present for the Magistrate to pass an order?
Given the nature of domestic violence cases, the law allows the Magistrate to pass temporary orders or orders in the absence of the offender if there is an immediate threat of violence. Thus, you have a right to apply to the Magistrate for any relief required by you.
What if my husband continues to subject me to domestic abuse me while counselling is in progress?
You can report the incidence of domestic abuse to the counsellor. The purpose of the counselling process is to get an assurance that the incidence of domestic violence will not get repeated. The counsellor will take adequate measures including approaching the magistrate to prevent further violence.
I was assigned to a shelter home, but my husband and his family still harass me there. What can I do?
A shelter home is supposed to be a safe space for you. Ideally as per the law, if you wish to maintain your anonymity while being at the shelter home, they should allow you to do so.
What if the police officer refuses to lodge my complaint?
In such a situation, you can directly approach Magistrate’s court with a ‘private complaint’ wherein you can request the court to get your FIR registered by the police. You can even file a complaint yourself and attach it along with your application.
Can you also file a case under the domestic violence law for dowry harassment?
Yes, depending on the type of harassment faced, whether verbal or physical, it would qualify as domestic violence under the Protection of Women from Domestic Violence Act 2005. The act provides immediate relief from any kind of harassment faced. The definition of domestic violence given in the law is very wide and covers a broad range of behaviours and instances, including harassment and harm arising from an unlawful demand for dowry.
How do I know my husband is subjecting me to domestic abuse/violence?
If your husband is physically beating you, or denying you access to food or money, or is forcing you to engage in sexual activities that you do not want to perform (including sex and something like forcing you to watch pornography) or mentally and emotionally harasses you about not being able to have a male child or any such other behaviour, it is domestic violence. Further, please look at Form IV which provides information on the rights of aggrieved persons.
When can a complaint be filed for domestic violence?
One need not wait until an act of domestic violence has been committed to contact the Protection Officer. If there is a suspicion that an act of domestic violence might be committed, anyone can inform the Protection Officer.
Where and how can I find a Protection Officer for domestic violence?
A Protection Officer is assigned in each district. To find out the contact details of a Protection Officer please contact the State Women and Child Development Department. Each state should have a list on its website. For instance, in Delhi, the list of Protection Officers can be found here.
Will an FIR be filed for domestic violence?
No, for the purpose of this Act, a Domestic Incident Report (DIR) will be prepared in a prescribed form when the complaint is received from the aggrieved person. This is then filed before the magistrate. The Domestic Incident Report can be prepared by the Protection Officer, Service Providers or Police Officers.
Do I have to pay a fee to the Protection Officer or Service Provider that I have found to help me deal with domestic violence?
No, you do not have to pay anything to any of them. It is the duty of the Protection Officer and the Service Provider to help you under the protection of Domestic Violence Act.
What is “relationship in the nature of marriage” under law on domestic violence?
“Relationship in the nature of marriage” should be those relationships where there is no official registered marriage between the parties. However, the nature of their relationship is that of a marriage because of the stability, continuity and cohabitation as a couple. Indicators of such a relationship in the nature of marriage are the following: – Proof of such a relationship would be the use of a common name, common ration card, same address, etc.