Domestic Violence Act
This is one of the most important and beneficial Acts in the empowerment of women. It appears that there are various rights accrued to the women (she is referred as aggrieved person) in the Act, but in fact that not even a single new right is provided to the women under this Act. All the rights available to women under various statutes, either in Civil Law or in Criminal law have been collected together and placed them at one place and named as i.e., domestic violence Act.
The following rights are available to aggrieved person under this law:
1. Right to reside in a shared household: (s. 17): It gives the right to the aggrieved person to reside in the household, where her husband is residing, even though she does not have any right, title or interest in the residence. In the event of husband’s or in-laws’ refusal to share the household with the aggrieved person on the ground that husband is not living in the same house or the house is in the name of in-laws or the house is self acquired property of the father-in-law/mother-in-law or the in-laws dispossessed their own son, she can seek the separate house for which rent has to be borne by the husband. Before bringing this Act into force, there were instances, where some women got the relief by filing civil suits but that procedure was very expensive and cumbersome. Now, this section brought the justice to the door step of the aggrieved person and she can get the relief without spending even a single paisa.
Protection Orders: S. 18: Very, very beneficial provision. Woman, thy name is modesty. If any one observe Indian woman, he would certainly come to such conclusion without any hesitation. That this modesty is also her weakness. The violator exploits this character of woman. If there is a trifle, the woman is accosted on the road, at her workplace, or in a place, where she is vulnerable. The violator may be husband or any other male family member or any other person instigated or engaged by these people. The aggrieved person would do anything to avoid such ugly situation at any cost. So she submits to the wishes of the potential violator to avoid such situation. For those aggrieved persons, the Section 18 “protection orders” is real blessing. This section prohibits committing any act of domestic violence, entering the place of employment of the aggrieved person or if aggrieved person is a child, its school or any other place frequented by the aggrieved person, attempting to communicate in any form, including personal, oral or written or electronic or telephonic contact, causing violence to the dependents, other relatives or any person who give the aggrieved person assistance from domestic violence. This section also prohibits the violator to alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by the aggrieved person and the violator.
Residence Orders: Section 19: This section prohibits the violator from disturbing the possession of the shared household by the aggrieved person.
Monetary reliefs: Section 20: This is the most important section, where the aggrieved person can seek monthly maintenance, loss of earnings, medical expenses, educational expenses to children and any other monetary relief.
Custody orders: Section 21: The magistrate has got the power to give immediate temporary custody of the children to the aggrieved person.
Compensation : Section 22: If the aggrieved person is entitled to damages for the injuries, including mental torture, she can seek them under this Act.
The predominant nature of the rights available herein are civil rights and as such, the Act is applicable retrospectively. Even some of the rights available to the women under this Act are available already in criminal law, i.e., dowry prohibition Act, Section 498-A, 406, 354, 509 IPC and so applying the domestic violence Act retrospectively will not hurt the basic principle that all the criminal laws shall be applicable prospectively.
The salient feature of this Act is that the aggrieved person can directly approach the magistrate and file the application. Application is a prescribed form. It is attached with the Act as Form II. Any aggrieved person can pick up form and tick mark at the correct places and give the same to the magistrate. The machinery starts to run. In most urgent matters, the magistrate may immediately give relief. Further, the procedure to serve the notice is also simple. It can be served by the machinery created in criminal law and hence notice can be properly and expeditiously served. Once, the reply is filed by the respondent again, the aggrieved person has to file “affidavit”. It has also been prescribed and it is form III. It is easy to fill up and legal assistance is not so much required.
This Act avoids cumbersome process and a person with a little bit knowledge can move the machinery constituted under this Act and can get relief.
The unfortunate thing is that this Act has not been publicised as it should be. The women who are facing domestic violence are not aware that how to get their rights enforced. It requires much publicity among the target groups. The forms prescribed under the Act shall be available with the service providers and protection officers. The mind set of the magistrates, the advocates, the service providers and the protection officers have to be changed. They are not dealing with the criminal procedure code and IPC while dealing with the domestic violence Act. This Act is substantial as well as procedural in nature. Hence, if any problem comes in the way while adjudicating the dispute, instead of trying to find out the precedents in criminal procedure code and IPC, innovative methods have to be evolved to meet the objects of the Act. The very object of this Act is to provide relief to the aggrieved person.
It is every one’s duty to extend cooperation to propagate this Act amongst the public, so that legal awareness increase.
