Theme: Family Related Violence

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.))

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.(( Form IV, The Protection of Women from Domestic Violence Rules, 2006.))

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.

What is “relationship in the nature of marriage” under law on domestic violence?

“Relationship in the nature of marriage”(( Indra Sarma v. V.K.V. Sarma (2013) 15 S.C.C. 755.)) 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.