Theme: Family Related Violence

Cases of Dowry Death

When the death of a woman within 7 years of her marriage was unnatural, i.e. caused by burns or injuries which are not ordinary and she had also suffered from cruelty or harassment because of demands for dowry, it is assumed that the husband or the relatives of the husband committed the crime of cruelty.

Death by suicide is also considered as a form of unnatural death.

If the above facts exist then the court will assume that the accused has committed the offence. The accused will then have to prove that she or he did not commit the offence.

The punishment for this crime is jail time up to 3 years along with a fine

How can you file a complaint against domestic violence?

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

You or anyone on your behalf, can approach the authorities listed below to file a complaint against any domestic violence that you have been facing:

Police

Go to the Police Station 

You can approach the police station in your area, or any other police station, and file a complaint for domestic violence. The police will file a DIR/FIR and/or direct you to the Protection Officer of the district who will be able to help you out further.

Protection Officer

Approach the Protection Officer 

To file a complaint, the Protection Officer of the district will be the first point of contact for you. The Protection Officer will help you file a Domestic Incident Report (DIR), make applications to the Court to get you monetary relief, protection etc. A state-by-state list of Protection Officers is given here. If you cannot find the Protection Officer of your area, you can reach out to NGOs, civil society organizations and service providers who will put you in touch with one.

National and State Commissions for Women

Approach the National/State Commission for Women

National Commission for Women (NCW) is a national-level government organization that is empowered to investigate complaints related to issues faced by women, such as domestic violence, dowry harassment, rape, etc. The NCW will help you by:

  • Monitoring and expediting the investigations being led by the police.
  • Providing counselling or a hearing before the NCW, so that the dispute can be resolved between the two parties.
  • Constituting an Inquiry Committee which makes spot inquiries, examines witnesses, collects evidence and submits the report with recommendations regarding the domestic violence.

You can get in touch with them by either calling the helpline number 1091, or sending an email to ncw@nic.in or filing an online complaint. As the NCW is located in New Delhi, you can approach the State Commission of Women situated in your state, and ask them for help.

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 against for Domestic Violence?

You can complain against both men and women for domestic violence. You can complain against the following:

  • Your family: You can complain about your family, if they are subjecting you to domestic violence, in the following circumstances:
    • If you are related to the harasser by blood, you can file a case against them. For example, your father, brother, etc.
    • If you are related to your harasser by marriage, you can file a case against them, such as your in-laws, husband, etc.
    • If you are related to your harasser by virtue of living together as a joint family, you can file a case against them. For example, your grandmother, uncle, adopted brother, etc. However, you can complain only against those who were complicit in the violence.(( Ashish Dixit v. State of UP & Anr. (2013) 4 SCC 176.)) For example, if you live in a joint family with ten people, and only your mother-in-law and husband subjected you to violence, you can complain only against them.
  • Your live-in partner: If your live-in partner hurts or abuses you, you can file a complaint against him.
  • Minors: You can complain against a minor who is subjecting you to domestic violence.(( Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165.)) For example, if a 16 year old boy in your family is physically hurting you, then you can file a complaint for domestic violence.

While going to Court, keep in mind that you must have been subjected to domestic violence by someone with whom you have shared not only a domestic relationship but also shared a household.

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.

What is the Time Limit to Complain against Domestic Violence?

There is no specific time limit(( Vikas and Ors. v. Usha Rani and Ors. 2018 (3) RCR (Criminal) 307.)) for filing a complaint against domestic violence, but you must be able to prove that you were in a domestic relationship with the harasser at the time the violence took place. However, if there is a delay in complaining against the domestic violence that you have faced, you might be asked to explain the reasons behind the delay.

Given below are some specific situations where you may file a complaint against domestic violence:

Complaining for Acts before 2005

Though the law(( V.D.Bhanot v. Savita Bhanot (2012) 3 SCC 183.)) on domestic violence came into force in 2005, the law allows you to file an application for relief and/or protection even against any domestic violence that happened before 2005. If you are a woman who faced violence before 2005,  you would still be entitled to protection under the law and you can approach the Court to file a case. For example, if a woman, Sita, faced domestic violence from her mother-in-law in 2001, she would still be eligible to go to Court to file a domestic violence case , even if the law on domestic violence came into force after she had already experienced domestic violence.

Complain after Divorce

You can file a complaint against domestic violence even if you are already divorced(( Smt.Sabana @ Chand Bai & Anr vs Mohd.Talib Ali & Anr 2014 (2) RCR (Criminal) 293.)). For example, Seema got married in 2012 and for two years she faced physical violence from her husband. She divorced her husband in 2014. Seema has a right to file a domestic violence case after 2014 against her ex-husband for hurting her during the two years she was married to him. This is because at the time she faced domestic violence, she was in a domestic relationship with the harasser i.e. her husband.

What is a Domestic Incident Report?

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

Domestic incident report (DIR)((Section 2(e), The Protection of Women from Domestic Violence Act, 2005.)) is a report that is made on receiving a complaint of domestic violence from a woman. This report can be made by either a Protection Officer or a service provider. The DIR will contain details such as your name, age, details of the harasser, details of the incident of violence that happened, etc. To file a DIR, you can approach any of the following officers/persons:

Protection Officer

A protection officer upon receiving a complaint has to fill the DIR and inform you of your legal rights under the law. You will also get a free copy of the DIR to keep with you. Afterwards, the protection officer will send the Domestic Incident Report and an application to the Court to start a case. The DIR will also be forwarded to the police station or Service Providers.

Service Provider

A service provider upon receiving a complaint has to fill the DIR and put you in touch with a Protection Officer or send it to the Court(( Section 10 (2) (a), The Protection of Women from Domestic Violence Act, 2005.)). If you have been injured, a service provider will help you get a medical examination done and the report will be forwarded to the Protection Officer or police station. They also help you get in touch with shelter homes where you can stay away from the harasser.

Police Officers

If you cannot find a Protection Officer or a service provider, you can approach the nearest police station to file a complaint. The officers will put you in touch with a Protection Officer and give you the option of filing the following:

  • FIR (First Information Report)

By filing a First Information Report, a criminal case can be initiated against the harasser. The police will give you the option of filing an FIR at any point if you want to pursue a criminal complaint(( Form I(8), Section 2(e), The Protection of Women from Domestic Violence Act, 2005.)).

  • DIR (Domestic Incident Report)

If you do not want to initiate criminal proceedings by filing an FIR then the police officer has to make a daily diary entry about the domestic violence you faced, and enter details per the DIR forwarded to the police by the PO. If such information is not available, the police will put you in touch with a Protection Officer to file a DIR and get this information for the daily diary.

Person-in-charge of Medical Facilities 

If you have approached a medical facility and have not yet filed a DIR, the person-in-charge of the medical facility must file a DIR, and forward it to the Protection Officer.

What is the Role of a Protection Officer?

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

If you decide to file a domestic violence complaint, a Protection Officer (PO) is generally the first point of contact for you. Anyone, including someone you know, can visit, call, or write to a Protection officer in your district or an area nearby to complain against the violence and seek protection. To find a PO, you can:

  • Go to the nearest police station and ask them to put you in touch with a PO.
  • Call or go to the Department of Women and Child Development in your district.
  • Approach the National/State Women Commission. A state-by-state list of Protection Officers is available here.
  • Approach an NGO or a service provider.

Your complaint will be written down by the PO and you can ask for a free copy of this complaint to keep with you. Protection officers will help you(( Section 9, The Protection of Women from Domestic Violence Act, 2005.)):

File a complaint

The PO will help you file a Domestic Incident Report 2(DIR) which is a special report for cases of domestic violence which will have all the details of the harasser(s), the details of the victims, etc. They will also help you file a direct complaint with the Court and assist you in getting legal support.

Give Information to the police

The PO will forward a copy of the DIR as well as a copy of the medical report, if you were medically examined, to the police station located within the area where you faced violence. After this, the police will look into the matter and stop the harasser(s) from committing any acts of violence towards you(( Section 5, The Protection of Women from Domestic Violence Act, 2005.)).

Provide immediate protection and support

The PO will help:

  • Prepare a safety plan for you which will specify the measures required for your safety, and the orders you are seeking from the Court.
  • Get you and/or your child medical aid from a medical facility in case you have any injuries.
  • Put you in touch with service providers who will assist you with legal support, counseling, medical facilities, shelter homes, etc.

Inform you of your legal rights

The PO will discuss with you the different kinds of domestic violence with you to understand what you have been through. This will be recorded in the DIR. Afterwards, the PO will inform you of the rights and remedies you are entitled to under the law after filing a complaint.

Support you through Court processes

Protection Officers will:

  • Help you gain access to free legal aid through the District Legal Aid Services Authority.
  • Ensure that you and your children are not victimised or pressurised during the Court proceedings by the harasser.

How can you go to Court for Domestic Violence?

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

If you have faced domestic violence, then you can file an application with the Court (Civil Court, Family Court or Criminal Court) for immediate help and protection(( Section 18, The Protection of Women from Domestic Violence Act, 2005.)). You should take the help of a lawyer and if you do not have one or from protection officers, NGOs, etc. who will put you in touch with legal aid services.

The Court will first look at whether your case is domestic violence under the law by seeing if:

The Court will serve a notice to the harasser(s) with the help of the Protection Officer and will hear your case within 3 days of filing the application. The Court will help you out by giving temporary orders for protection, financial assistance and support(( Section 12 and 13, The Protection of Women from Domestic Violence Act, 2005.)).

Court Orders

Once the Court is satisfied that your case is one of domestic violence, your lawyer can ask the Court for the following(( Sangita Saha v. Abhijit Saha and Others. (2019) SCC OnLine SC 559.)):

An order to stay in your house. This is known as a residence order.

What is a Residence Order under Domestic Violence law?

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

If you are being thrown out of your shared household (house) by your harasser or you don’t feel safe living in your house, you can approach the Court for help with the assistance of a lawyer or a Protection Officer. The residence order will help you(( Section 19, The Protection of Women from Domestic Violence Act, 2005.)):

Stay in the House

By way of a residence order, the harasser may be asked not to throw you out or force you to leave the house. You have a right to stay in the house wherein you lived there together as a couple  i.e. as husband and wife(( Section 2(f), The Protection of Women from Domestic Violence Act, 2005.)) or live-in partners, even if:

  • You don’t have any legal share, title or right in the house.(( Section 19(a), The Protection of Women from Domestic Violence Act, 2005 ; Roma Rajesh Tiwari v. Rajesh Dinanath Tiwari  I (2018) DMC 123 Bom.))
  • The harasser does not live in that house anymore.(( Lalita Toppo v. State of Jharkhand & Anr.  2018 (4) RCR (Criminal) 976.))
  • The harasser does not have any legal share, title or right in the house.(( Roma Rajesh Tiwari v. Rajesh Dinanath Tiwari  I (2018) DMC 123 Bom.))

Keep you away from the Harasser

The harasser may be asked to:

  • Leave the house.(( Sabita Mark Burges v. Mark Lionel Burges  2013 (5) Bom CR 387; Manju Sharma v. Ramesh Sharma CRL.O.P.(MD)No.12092 of 2008.)) This may also include the relatives of the harasser but the Court can only direct such orders against a male harasser.(( Meenavathi v. Senthamarai Selvi Crl. O.P. (MD) No. 12092/2008.))
  • Not enter the premises of the house.(( Section 19, The Protection of Women from Domestic Violence Act, 2005.))

Help you get alternative accommodation

The harasser may be asked to:

  • Give you a portion of the house to live in along with all the necessary amenities for a comfortable and dignified stay(( V.D Bhanot v. Savita Bhanot (2012) 3 SCC 183.)) and not enter your portion of the house.(( Section 19, The Protection of Women from Domestic Violence Act, 2005.))
  • Pay for(( Ajay Kumar Jain v. Baljit Kaur Jain 2009 SCC OnLine DEL 1538.)) or buy another house for you, if needed(( V.D Bhanot v. Savita Bhanot (2012) 3 SCC 183.)) and provide monetary relief by paying rent.(( Section 19, The Protection of Women from Domestic Violence Act, 2005.))

Protect finances and property

The harasser may be asked not to:

  • Sell, lease or mortgage the house.
  • Renounce rights in the shared household, for example, by alienating or disposing the shared household.(( Navleen Kler Bhatia v Sarabjit Singh Bhatia.,Criminal Appeal No.No. 28/2011 ID No. 02406R0298502011))

The Court may also ask the harasser to follow any other conditions that are required to protect you and your children.

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.

How can you get Compensation or Money for Domestic Violence?

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

To get money or compensation from the harasser, you can file an application(( Section 20, The Protection of Women from Domestic Violence Act, 2005; Section 125, The Code Of Criminal Procedure,1973.)) with the Court asking for monetary relief with the help of a lawyer or a Protection Officer. The Court will pass an order to compensate you and your child/children for all the losses and injuries you have suffered as a result of the violence and abuse. You may get the money either on a monthly basis or as a lump sum as decided by the Court. The amount of money you can get will be determined by the Court keeping in mind the standard of living you are used to(( Sunil Singh v. Smt Neetu Singh 2011 SCC OnLine Del 5506)). Among other things, the harasser may be asked to pay you money for:

  • Your lost income. For example, loss of earning in situations where you were not allowed to work or if you did not receive a salary because you were in the hospital for a month because of violence.
  • Physical injuries and medical expenses. For example, hospital bills and money for medicines.
  • Loss due to damage to your property or property being taken away. For example, your jewelry or land that you owned. The Court may ask the harasser to return such valuable items back to you(( Section 19, The Protection of Women from Domestic Violence Act, 2005.))
  • Upkeep for your life. For example, paying rent for the house, living expenses for your child and yourself, etc.
  • Mental torture and emotional distress. For any distress caused to you which has affected your work or your life.(( Section 22, The Protection of Women from Domestic Violence Act, 2005.))

Laws you can use

There are two laws under which you can ask the Court to make the harasser pay money to you – domestic violence law (Section 20/22) and criminal law (Section 125, CrPc). You can ask your lawyer to claim monetary relief using both laws(( Prakash Babulal Dangi v. The State of Maharashtra & Anr.Petition for Special Leave to Appeal(Crl.) Nos.10280-10281/2017.)).

In case of failure of payment

If your harasser does not give you the money, as ordered by the Court, you should inform  the Court with the help of a lawyer. The Court will then ask:

  • The harasser’s employer/boss to pay the amount to the Court and deduct it from his salary.

Any other person(( Section 20(6), The Protection of Women from Domestic Violence Act, 2005.)) who owes the harasser money to pay the amount to the court which will then be given to you.