Theme: Crimes & Violence

What evidence will be used to prove domestic violence that is verbal or emotional on the court?

The court will rely primarily on the testimony of the victim of domestic violence. If there are eyewitness accounts then the court will rely on those testimonies as well. However, since domestic abuse happens primarily at home and it is unlikely that there will be many eyewitness accounts in support of the woman, the court will rely primarily on the victim’s account. The case of domestic abuse need not be proved beyond reasonable doubt. That is, the court only needs to believe that the women were subject to abuse after considering all the facts and circumstances.

My parents-in-law had started assaulting me physically compelling me to starve for days. Lastly on 13.03.2020 they caused me to hospitalization making half-dead. My father lodged FIR u/s 498A but the mother-in-law is still avoiding arrest while my father-in-law, after jail custody of 3 months, is out now. I begged for getting safe entry in my in-law\’s house as my parents are very poor and I have got a child on 14.12.2020. Virtually I am roofless now. My parents-in-laws have driven me out of the share way back on 15.03.2020. High Court has advised me to take resort of other efficacious remedy and I am asking for going to the appropriate court of law for immediate protection.

A woman can file a domestic violence complaint against any person with whom she is/has been in a domestic relationship. This includes:

  • Husband/male partner
  • Relatives of her husband or male partner, including in-laws, aunts, uncles, etc.

To seek immediate protection from domestic violence, you should file an application with the Court with the help of a Protection Officer or a lawyer. The Court will pass a protection order to give you and your child protection from the harasser. The order passed by the Court will be temporary, but for a fixed duration until the Court feels that such an order is not required due to a change in circumstances. You can take the help of your lawyer to extend the duration of the order, if you require it.

Apart from the Court, you can also approach:

Are Hijras transgender?

Yes, hijras were brought under the umbrella term of transgender and are recognized as “third gender” under the law. Transgender is generally described(( National Legal Services Authority vs. Union of India (UOI) and Ors.  (2014) 5 S.C.C. 438 (para 11).)) as an umbrella term for persons who do not conform to their biological sex and hijras fall under this category. Hijras typically claim to be part of “third gender”. Among Hijras, there are emasculated (castrated, nirvana) men, non-emasculated men (not castrated/akva/akka) and inter-sexed persons (hermaphrodites).

What can I do if I see a transgender person being arrested or harassed on the road?

Many states have anti-begging laws by which police officers specifically target transgender persons and arrest them. In such situations if you see a transgender person being arrested/harassed on the road, you can take the following steps:

  • Intervene, and ask on what grounds the police is harassing/arresting the transgender person. 
  • Get help and support from lawyers NGOs, etc and inform them of the incident taking place.  Support the person being arrested by informing them of the rights they have under the law while being arrested. 

If you witness such an incident, you can file a complaint with the Police Complaints Authority of your State, which is empowered to investigate accusations of serious misconduct, like illegal arrest, rape, death in custody, etc. For example, you can file a complaint here for Delhi Police Complaints Authority. Many states have the option of emailing the complaint to a specified email address that can be found on the respective PCA’s website. 

What is Section 377 of Indian Penal Code?

Section 377 of the Indian Penal Code, 1860 was used to punish same sex intercourse between adults above the age of 18 and still punishes intercourse with animals, also known as bestiality. After 2018, Courts have held that same sex intercourse and same sex relationships are not a criminal act anymore. You cannot be arrested under this law for having consensual sexual intercourse or relationships. You can choose who you want to be with.

Can I file a complaint against a family member for rape or sexual violence?

Yes, if a family member has raped or sexually assaulted you, you can file an FIR with the police. If a relative, guardian, teacher, or any person in a position of trust or authority, rapes a woman it is known as aggravated rape, under the law. You can use section 376 (2) of the Indian Penal Code, 1860 while filing an FIR with the police. The punishment for this crime is jail time upto  10 years and a fine.

What does sexual orientation mean?

Sexual orientation refers  to a person’s sexual attraction and sexual relations with someone of their same gender or a different gender. This is known as ‘sexual orientation’. This is a right recognized under the law and it is not a crime to be sexually intimate with someone of the same gender.

As a queer person, who can I file a complaint against for rape or sexual violence under the law?

The law for rape and sexual violence, recognizes specific genders to be victims or offenders/harassers. See below to see what remedies are available to you, based on your gender. 

If you are woman/transwoman

You have a right to file a complaint under the laws on sexual violence in India but only against a man. If you are a transwoman and the police refuses to file the FIR stating that you are not a ‘woman’ under the law, then read here to see what steps you can take.  

If you are a man/transman

You cannot file an FIR under the laws on sexual violence in India, since men/transmen cannot be victims of sexual violence. Your only alternative is to file an FIR with the help of the laws which punish those who hurt or injure you.