Protection of women from domestic violence act 2005
Domestic violence brochure
1. DOMESTIC VIOLENCE
http://www.brunoleyval.com/
-ZERO TOLERANCE -
MAITRI FOUNDATION
J-92, Anant Ram Dairy
RK Puram sector 13
New Delhi 110 066 India
Contact: Winnie.singh@gmail.com mobile: 919810132908
2. DOMESTIC VIOLANCE
It occurs all over the word. Especially in India it has one of the highest rates.
The Domestic Violence Statistics shows that in India:
• there is a crime against women every 3 minutes.
• one rape every 29 minutes.
• one recorded case of dowry death every 77 minutes.
• 1/3 of women age 15-49 have experienced physical violence
• 1 in 10 women has experienced sexual violence.
Even though the rates states unusually high you should be aware of the fact that domestic
violence is not a private matter but criminal offence under the Indian Penal Code
(an act of violence is punishable by imprisonment up to 3 years and/or liable to fine).
If you experience domestic violence you do not have to tolerate it under
any circumstances. There is a chance to get out of the situation. You have several legal rights
which protect you. Below you can read how to make use of them.
Domestic violence includes –
physical, sexual, psychological and economic violence,
for example:
• physical attacks, forced sexual relations
• verbal abuse or harassment, disrespectful
or demeaning comments
• threats against you or another family member
• creating disturbances at your place of work
harassing telephone calls, spying on you, child abuse
Domestic violence occurs to individuals who are or have been in an intimate relationship,
including marital, non-marital, same sex and non-cohabiting relationships; individuals with
family relationships to one another; and members of the same household.
Follow the steps below:
3. POLICE
Don’t hesitate to call the police. It plays a crucial role in any coordinated
response to violence against women. You should do this as quick
as possible. In case you are not able to contact the police office
immediately try to collect and save the evidence (such as photos
of physical damage to property (the table he smashed, the hole he punched
in the wall), or objects used in an assault (the ashtray he threw, the knife he
brandished).
You should be aware of the police officer’s duties.
Make sure that he is fulfilling them properly:
1. You should be clearly informed of your legal rights;
2. The complaint has to be recorded in detail;
3. The parties should be interviewed in separate rooms to ensure there is an opportunity to
speak freely;
4. Look after an official police report: verify all the facts; make sure that it gives
comprehensive view of the situation. You should be provided with the copy of it.
5. You have the right to be transported across to the nearest hospital or medical facility for
treatment, on your request.
Do not be afraid that you might not be taken seriously or be considered to be lying.
If a police officer reasonably suspects an incident of violence it is their duty to investigate the
matter thoroughly. If the police officer has not exercised due diligence to prevent, investigate or
punish the violence you can start legal proceeding against him.
MEDICAL EXAMINATION
Forensic and medical reports are the most valuable evidence in the court proceeding.
Do not take any action that may unintentionally compromise evidence, such as washing after
being sexually assaulted. Time lapse in seeking services can cause devaluation
of the evidence. Thus, do not hesitate to contact medical service.
SERVICE PROVIDERS
You must seek help. There are a number of services available that offer support and protection.
Counseling services are available to provide advice and support. You need
to contact one of the Non Governmental Organization’s (NGO’s) with the objective
of protecting the rights and interests of women by any lawful means including providing of legal
aid, medical, financial or other assistance.
4. SHELTERS
If you do not feel safe in the household joined with the abuser, on your request police officers
throughout the time of intervention or afterwards Protection Officer has
to provide you with a temporary accommodation in a shelter home. Although you should be
aware that The Protection of Women from Domestic Violence Act, 2005 provides for a woman’s
right to reside in the matrimonial or shared household, whether or not she has any title
or rights in the household. Means if you apply for a Residence Order the Court can decide
to evict the abuser from the shared household even if it’s his possession.
Under any circumstances you can be evicted or excluded from the shared household or any part
of it by the respondent.
PROTECTION OFFICER
Means an officer appointed by the State Government under The Protection of Women from
Domestic Violence Act, 2005. He closely cooperates with the service providers
and the Magistrate. Protection officer is obliged to prepare a Domestic Incident Report and put
it forward to the Magistrate.
THE MAGISTRATE
Domestic violence can be handled in two different types of courts:
• Criminal Court
where the state will prosecute the abuser in the criminal procedure
under the Sec 498A
of Indian Penal Code and The Protection of Women from
Domestic Violence Act, 2005.
• Civil Court
where you might apply for a protection order, sue for money
damages, initiate divorce proceedings, limit or prohibit the
abuser’s rights to child custody.
Civil lawsuits might be a valuable supplement or alternative to criminal prosecution.
It has various advantages over criminal actions. Civil cases are governed by a lower burden
of proof than criminal cases, complainants have control over the action, some complainants
consider the types of relief granted in a successful civil lawsuit more helpful than incarceration
of the perpetrator. However, under Article 20 of the Indian Penal Code and the Protection
of Women from Domestic Violence Act (2005), the Magistrate may direct the respondent to pay
monetary relief to meet the expenses incurred and losses suffered by the aggrieved person
and any child of the aggrieved person as a result of the domestic violence. To find out more about
your legal options you should take advantage of free legal service provided by the Legal Services
Authorities Act (1987). You may ask for achievable counselors at the Court premises.
5. MEDIATION
An alternative option might be mediation. Mediation, as used in law, is a form
of alternative dispute resolution, is a way of resolving disputes between two or more parties.
A third party, the mediator assists the parties to negotiate their own settlement.
However, a number of problems arise when mediation is utilized in cases of violence against
women. It removes cases from judicial supervision, presumes that both parties have equal
bargaining power, reflects that both parties are equally at fault for violence, and reduces offender
responsibility. Moreover, there is always a risk that the mediator may be partial.
Abovementioned arguments speak against using mediation as an alternative method of solving
the cases of violence against women.
PROTECTION ORDER
Orders for protection, under The Protection of Women from Domestic Violence
Act (2005), are orders issued by a judge that imposes certain limitations on an abuser's behavior
or conduct. Where this remedy is available, orders are generally issued
to temporarily exclude an abuser from the home or to prohibit the abuser from coming into
contact with the woman (or using a third party to do so). Protection orders provide women with a
measure of protection while allowing them time to determine how to stay safe over the long term
without immediately having to file for divorce or seek
criminal sanctions
To get a Court Order of Protection
Call the local state’s attorney or tell the police you want to
get one. They will tell you who to contact. You will have
to go to court. In court, the judge needs to be convinced
that you have been threatened with violence or that you
have suffered abuse.
The order should focus on your specific safety needs:
• order the defendant/perpetrator to stay a specified distance away from
the complainant/survivor and her children (and other people if appropriate)
and the places that they frequent;
• order the accused to provide financial assistance to the complainant/survivor, including
payment of medical bills, counseling fees or shelter fees, monetary compensation and, in
addition, in cases of domestic violence, mortgage, rent, insurance, alimony and child
support;
• prohibit the defendant/perpetrator from contacting the complainant/survivor
or arranging for a third party to do so;
• restrain the defendant/perpetrator from causing further violence to the complainant
survivor, her dependents, other relatives and relevant persons;
• for the issuance of protection orders in both criminal and civil proceedings;
You must call the police every time the order is violated. The police can arrest and jail the abuser
for violating the order.
Don’t make excuses for the abuser’s violence – get help and leave. He may do that once too
often. Don’t keep silence. Do not be afraid to stand up for yourself to get a better future for
you and your children.
WHO TO CONTACT
6. 1. POLICE OFFICES
DIAL 100 or go to Crime Against Women Cell at Nanakpura -
Ph. 24673366, 24121234
Assistant Commissioner of Police
Crime Against Women
(CAW Cell Headquarters)
Nanakpura, Near Moti Bagh Gurudwara,
New Delhi - 110 021
2. HOSPITALS (medical examination)
Any Hospital under Delhi Government provides medical service for the victims of
domestic violence. Follow the link below to contact them: http://www.delhi.gov.in/
3. SERVICE PROVIDER/ Counselling
Maitri
J-92, Anant Ram Dairy
RK Puram sector 13
New Delhi 110 066
Contact person:
Winnie Singh
winnie.singh@gmail.com
ph. 09810132908
4. PROTECTION OFFICERS
Every Police station has a list of Appointed Protection Officers
5. SHELTERS
DCW Helpline No. 23379181 & 23370597
follow the link below to see the list of the available shelters in Delhi:
http://dcw.delhigovt.nic.in/Shelter%20Homes.htm
6. FREE LEGAL SERVICE
as we have already mentioned you may ask for the achievable counselors
at the Court premises.
Delhi District Courts - http://delhicourts.nic.in/
delhicourts@yahoo.com
Ph. 22309367
7. COUNCELING CENTERS
- Crime Against Women Cell provides counseling ( point 1. above)
- Maitri Foundation (point 3. above)