Theme: Family Related Violence

What are the offences and punishments under this law ?

Every offence under this law is cognizable, non-bailable and non-compoundable.(( Section 27, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Offence Punishment
Violation of the law by any medical professional or any person who owns a registered centre, or is employed in or renders their professional or technical services at a registered centre. First offence – Jail time for up to 3 years, along with a fine of up to Rs. 10,000. Subsequent offences – Jail time for up to 5 years, along with a fine of up to Rs. 50,000.(( Section 23(1),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.))
For doctors and registered medical practitioners: Suspension of the registration until the case is disposed of and on conviction, removal of their name from the register for a period of five years for the first offence, and permanently for the subsequent offence.(( Section 23(2),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.)) First offence – Jail time for up to 3 years, along with a fine of up to Rs. 50,000. Subsequent offences – Jail time for up to 5 years, along with a fine of up to Rs. 1,00,000.(( Section 23(3),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))
Any person seeking sex selection or prenatal diagnostic procedures and breaking the law (excluding pregnant women forced to undergo the procedure)(( Section 23(4),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.)) First offence – Jail time for up to 3 years, along with a fine of up to Rs. 50,000. Subsequent offences – Jail time for up to 5 years, along with a fine of up to Rs. 1,00,000.(( Section 23(3),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))
Advertising sex determination or sex selection facilities Jail time for up to 3 years, along with a fine of up to Rs. 10,000.(( Section 22(3), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

What are the Rights and Remedies for Victims against Domestic Violence?

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

Victims of domestic violence have certain rights under the domestic law as well as  remedies to protect themselves and their children. The Protection Officer, or a service provider, has a duty to inform you of these rights and remedies.

Rights under the law

You have a right to:

Remedies under the law

In addition to the rights that you have, you can also avail certain remedies from the Court. You can:

Receive monetary compensation for physical injuries, loss of property, etc.

Foeticide and Infanticide

If a sex determination procedure results in the abortion of a child, it would be a crime of foeticide.

Before 20 weeks

It is a crime to force a woman to abort her foetus, and for a woman to abort her foetus before 20 weeks without the doctor’s approval.

After 20 weeks

If anyone aborts a child after 20 weeks without permission of the Court, then they have committed a crime of foeticide. The Court only gives permission to conduct an abortion after 20 weeks in specific circumstances.

After birth

Killing or causing the death of a child after they are born is a crime known as infanticide, and punishable under the law.

The punishment for foeticide and infanticide is jail time up to 10 years and/or fine.(( Section 315, The Indian Penal Code, 1860.))

To know more about permitted abortions, please refer to our explainer on Abortion.

Women’s Right to Take Possession of the Dowry

If dowry has been given or taken at or after your wedding and the same is received by your husband or in-laws or any other person, they have to hand it over to you as it is your property.

You have a right to any property given as dowry to your husband and his family.

There is a duty on a person who receives the dowry, to hand it over to the bride itself.

If you fail to do so, you can be punished with jail time anywhere between 6 months to two years and/or fine between Rs. 5,000 and Rs. 10,000.

There are different guidelines on this based on when the property was received by your husband or in-laws.

For Example, Raj and Simran get married on August 20th. Simran’s father has given a new house as dowry to Raj’s uncle, Aman in connection with the marriage. In this case, Aman must give it to Simran otherwise he will be punished under the law.

  • If the property was received before the wedding, then Aman must give it to Simran within 3 months of the wedding (before 20th November)
  • If the property was received on the day of the wedding or after, then Aman must give it to Simran within 3 months from the date on which he received it.
  • If Simran was below 18 at the time of her wedding, then Aman must give the car to Simran within 3 months of her turning 18. Aman must keep it in trust for her till she turns 18.

If you die before taking possession of the dowry/property, then your heirs can claim it from your husband or in-laws.

If you die within 7 years of the marriage, then the property will be transferred to your children. It will be held in trust for them until they are 18. If you have no children, the property will go to your parents.

Who can seek Protection against Domestic Violence?

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

Any woman can file a complaint and seek protection against domestic violence under the law, for herself and her child/children. The religion of the woman does not matter(( Mr. Ali Abbas Daruwala vs. Mrs. Shehnaz Daruwal  2018 (3) RCR (Criminal) 106.)) i.e. any woman, regardless of her religion or caste, can file a complaint against domestic violence.

Please keep in mind that if you decide to go to Court, you need to make sure that you had a domestic relationship and a shared household with the harasser. You can complain and seek protection in the following circumstances:

If you are married

If you are married, and are facing domestic violence from your husband or in-laws, you can file a complaint against them.

If you are divorced

If you are divorced, then depending on the facts of the case, you may or may not be granted protection and relief. Some situations are:

  • If you face violence before the divorce, you can file a complaint, as you had a domestic relationship with your husband/in-laws at the time the violence took place.(( Juveria Abdul Majid Patni v. Atif Iqbal Mansoori (2014) 10 SCC 736.))
  • If you face violence after the divorce, you will have to prove that a domestic relationship was existing between you and the harasser at the time when the domestic violence took place. In some cases, even if you cannot prove the domestic relationship, the Court may hear you out. For example, if you and your husband continued to take care of your child together after getting divorced,  and you faced harassment in the course of that.
  • If you have initiated divorce proceedings at some point, but did not end up getting divorced, you can file a complaint if you face any domestic violence.(( Prakash Nagardas Dubal-Shaha v. Meena Prakash Dubal Shah (2016) 13 SCC 277.))

If you have deserted your husband

If you have left your husband because he was subjecting you to domestic violence, by beating you, verbally abusing  you, etc., you can file a complaint against him for domestic violence. If you have left your husband for any other reason, then you cannot file a case. For example, if you left your husband because you wanted to live with another man, or because you wanted to live alone, then you cannot file a complaint under this law.(( Sejal Dharmesh Ved v. The State of Maharashtra and Ors. 2014 ALL MR (Cri) 636.))

If you are judicially separated

If you are judicially separated from your husband and you have faced domestic violence from him or your in-laws either before or after the separation order, you can file a complaint against the harassers.(( Krishna Bhatacharjee v. Sarathi Choudhury (2016) 2 SCC 705.))

If you are in a live-in relationship: 

If you are in a live-in relationship, you can file a complaint against your partner if you face domestic violence.(( Velusamy v. D. Patchaiammal (2010) 10 SCC 469.)) In some cases, you can also file a complaint if you are now separated but faced violence when you were still with your partner.(( Reshma Begum v. State of Maharashtra & Anr. 2018 SCC OnLine Bom 1827.))

If you are a widow

If you continue to live with your in-laws after the death of your husband, it is viewed as a domestic relationship, as your relationship with your in-laws does not come to an end with the death of your husband. In such a case, if you face domestic violence, you can file a complaint against your in-laws.(( Jitendrabhai Bhikhabhai Bhambaniya  v. State of Gujarat, Criminal Revision Application/271/2016, Gujarat High Court.)) For example, if you are a widow who is being harassed by her mother-in-law, you can file a complaint against her.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.

Where can prenatal diagnostic procedures be conducted?

The law states that only Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics (registered centres) that are registered under the law can conduct permitted prenatal diagnostic procedures. No one, including medical professionals can conduct prenatal diagnostic procedures in any place other than the registered centres.

These registered centres can only employ (on payment or on an honorary basis) people who meet these minimum requirements as set out in Rule 3 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996.(( Section 3, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Ban on Advertising for Dowry

This post is also available in: हिन्दी (Hindi)

It is illegal to advertise dowry in any newspaper, periodical, journal or any other media, the offer of any money, share in a business or property as dowry in return for marrying your son, daughter or relative.

Anyone who prints, publishes or circulates such an advertisement is committing a crime will also be punished with the same punishment.

The punishment for both the person advertising and the person who prints or publishes the advertisement is jail time between 6 months and 5 years, or fine upto Rs. 15,000.

What are the Domestic Violence Helplines?

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

You can also reach out to certain helplines that will help you file a complaint, locate the relevant Protection Officer, and provide additional help and support. The relevant governmental helplines are listed below.

Violence and Crimes

Police

If you are facing violence, you can call 100 to seek immediate help from the police. After describing your location, a police unit will be sent to you for further assistance.

National Commission for Women, Police Helpline: 

If you are facing violence, you can call and complain about it. These are the steps you should take:

Step 1: Call 1091

Step 2: Describe the crime in detail

Step 3: Give your location and contact number

The police will then be sent to your location to assist you and stop the harasser.

Missing Persons and Kidnapping

Missing Women and Children

This helpline helps track missing persons. You can take the following steps:

Step 1: Call 1094. 

Step 2: Provide them with the contact number of the missing person.

Step 3: A phone number search is done on ZIPNET (Zonal Integrated Police Network) where they will trace the location of the missing person and contact the police.

Step 4: If they cannot locate the missing person, they will reach out to the police station to continue the search on the ground level.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence, where it can happen and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.

Who can you complain to about a breach of the law?

Courts can take cognizance of an offence under the law upon receiving a complaint from:

  • The Appropriate Authority for that State or Union Territory, or
  • An officer authorised by the Central or State Government or the relevant Appropriate Authority; or
  • Any person who has given at least 15 days’ notice in the given format to the Appropriate Authority, of the alleged offence and their intention to make a complaint to the court.(( Section 28(1), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Some states like Delhi and Rajasthan have offered reward schemes for informants to report on breach of the law.