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criminal_laws:domestic-violence [2021/05/01 22:56]
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criminal_laws:domestic-violence [2021/06/23 10:27] (current)
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-====== Domestic violence ======+====== Protection from Domestic violence ======
 Domestic violence issue has come to spur by the recent movie “Thappad”. The same stir was made when movies like ‘Provoked’, ‘Agni Sakshi’ and ‘Suno’ were released.  In another movie ‘Akashvani’, there is a dialogue by the lead actress, who was suffering from mental domestic abuse that: “//It is difficult to make them (parents) understand when there are no physical marks on the body//”.  Domestic violence issue has come to spur by the recent movie “Thappad”. The same stir was made when movies like ‘Provoked’, ‘Agni Sakshi’ and ‘Suno’ were released.  In another movie ‘Akashvani’, there is a dialogue by the lead actress, who was suffering from mental domestic abuse that: “//It is difficult to make them (parents) understand when there are no physical marks on the body//”. 
  
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 ==== Gaslighting ====  ==== Gaslighting ==== 
 It is a concept which means that the person manipulates another person emotionally and psychologically to the extent that the person starts doubting his/her sanity. This kind of situation happens when a person creates various conditions to doubt the sanity of the victim and keep the victim aloof from other people who could be a positive environment in such an event. It is a very slow process and the abuser tries to make situations to make the victim self-doubt one-self. Through this, the abuser tries to control the mentality and the actions of the victim.  It is a concept which means that the person manipulates another person emotionally and psychologically to the extent that the person starts doubting his/her sanity. This kind of situation happens when a person creates various conditions to doubt the sanity of the victim and keep the victim aloof from other people who could be a positive environment in such an event. It is a very slow process and the abuser tries to make situations to make the victim self-doubt one-self. Through this, the abuser tries to control the mentality and the actions of the victim. 
-==== Codependence ====+==== Co-dependency ====
 It is a very dangerous situation, where the victims feel unable to walk out of such relationships thinking it as a need for them as well. This happens when the victim starts giving attention to their partner’s wishes rather than their own and starts neglecting their instincts for the sake of their partner. Some people realise the wrongs that are being done to them but fear the alternatives that lie ahead of them and do not dare to start a new life. Such victims do not make contact with their parents or friends and depend on their partner in every way. It has also been found that in many cases the victim feels the emotion of self worthlessness and thus blames oneself for every mistake that may happen in the house. Due to such conditions, the relation of abuser and victim becomes a never-ending cycle which is very difficult to break after a point of time.  It is a very dangerous situation, where the victims feel unable to walk out of such relationships thinking it as a need for them as well. This happens when the victim starts giving attention to their partner’s wishes rather than their own and starts neglecting their instincts for the sake of their partner. Some people realise the wrongs that are being done to them but fear the alternatives that lie ahead of them and do not dare to start a new life. Such victims do not make contact with their parents or friends and depend on their partner in every way. It has also been found that in many cases the victim feels the emotion of self worthlessness and thus blames oneself for every mistake that may happen in the house. Due to such conditions, the relation of abuser and victim becomes a never-ending cycle which is very difficult to break after a point of time. 
 ==== Impact on children ==== ==== Impact on children ====
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 A child may be affected severely on a behavioural level. A young child may suffer from numbness and being not talkative, bedwetting, crying a lot more than usual, thumb sucking or hiding in some space. Such acts can cause severe headaches to children and may result in irritating behaviour. Teenagers are the most affected by such violence and they tend to show either very aggressive or numb behaviour. They develop a sense of violence as they have been watching at home and try to frustrate out by fighting with people. It is difficult for such children to make friends with anyone. They also seem to have poor concentration and share no emotions. Such children may end up having unprotected sexual relations or drinking or drugging problems and may have a pessimistic approach towards the future.  A child may be affected severely on a behavioural level. A young child may suffer from numbness and being not talkative, bedwetting, crying a lot more than usual, thumb sucking or hiding in some space. Such acts can cause severe headaches to children and may result in irritating behaviour. Teenagers are the most affected by such violence and they tend to show either very aggressive or numb behaviour. They develop a sense of violence as they have been watching at home and try to frustrate out by fighting with people. It is difficult for such children to make friends with anyone. They also seem to have poor concentration and share no emotions. Such children may end up having unprotected sexual relations or drinking or drugging problems and may have a pessimistic approach towards the future. 
 ==== Emotional impact ====  ==== Emotional impact ==== 
-In cases of domestic violence, mental health is the one which is most affected, even for a child. A young child may face anxiety, sadness, loneliness and feel guilty for the violence that takes place before his/her own eyes. Terror and fear are common aspects which engulf a child stuck in a home with domestic violence. For teenagers, it is their most crucial point of life, agewise, and when inflicted with harm in a family, they tend to show anger, grief, sadness, numbness or exaggerated talk, etc. The child may suffer from depression, anxiety and may inflict suicidal thoughts. It becomes easier for such children to be close to other people than their family and they try to find comfort outside their homes. Furthermore, this cycle may continue for the next generation as well. A boy might find it easier to take out his frustration on his partner and a girl child may find it right to bear such pain that is being inflicted upon her. It is also very possible that such children suffer from Post Traumatic Stress Disorder. Children may also step up in bullying others or become a target themselves. Insomnia, self-harm and low self-confidence are other impacts on the children. +In cases of domestic violence, mental health is the one which is most affected, even for a child. A young child may face anxiety, sadness, loneliness and feel guilty for the violence that takes place before his/her own eyes. Terror and fear are common aspects which engulf a child stuck in a home with domestic violence. For teenagers, it is their most crucial point of life, age wise, and when inflicted with harm in a family, they tend to show anger, grief, sadness, numbness or exaggerated talk, etc. The child may suffer from depression, anxiety and may inflict suicidal thoughts. It becomes easier for such children to be close to other people than their family and they try to find comfort outside their homes. Furthermore, this cycle may continue for the next generation as well. A boy might find it easier to take out his frustration on his partner and a girl child may find it right to bear such pain that is being inflicted upon her. It is also very possible that such children suffer from Post Traumatic Stress Disorder. Children may also step up in bullying others or become a target themselves. Insomnia, self-harm and low self-confidence are other impacts on the children. 
 ==== The social and economic effect ==== ==== The social and economic effect ====
 Domestic Violence is social abuse. It is not a story of just one house but many and society as a whole need to address the same. The crime of domestic violence affects society as a whole and determines the ability and well being of future generations as well. Thus, it becomes important that it is seen as a social approach to help such homes. Domestic Violence has a long-lasting effect on the victim and it can result in their isolation from the society as a whole. The children that grow in such an environment either become numb or show angered behaviour which is not healthy for any society. Such women tend to keep a distance from society by making a bubble around them which makes them unaware and they divulge deep into isolation which again results in mental health problems. Domestic Violence is social abuse. It is not a story of just one house but many and society as a whole need to address the same. The crime of domestic violence affects society as a whole and determines the ability and well being of future generations as well. Thus, it becomes important that it is seen as a social approach to help such homes. Domestic Violence has a long-lasting effect on the victim and it can result in their isolation from the society as a whole. The children that grow in such an environment either become numb or show angered behaviour which is not healthy for any society. Such women tend to keep a distance from society by making a bubble around them which makes them unaware and they divulge deep into isolation which again results in mental health problems.
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 === Domestic Relationship === === Domestic Relationship ===
 **Section 2(f)**  “domestic relationship” means a relationship between two persons living in a shared household. Domestic relationship can be through marriage such as wives, daughters-in-law, sisters-in-law, widows and any other members of the family; or blood relationship such as mothers, sisters or daughters; and other domestic relationships including through adoption, live-in relationships, and women in bigamous relationship or victims of legally invalid marriages. The law addresses the concerns of women of all ages irrespective of their marital status. The definition of “domestic relationship” under the DV Act is exhaustive: when a definition clause is defined to “mean” such and such, the definition is prima facie restrictive and exhaustive, **Indra Sarmav. V.K.V Sarma**((2013 15 SCC 755)). The Supreme Court further stated that the word domestic relationship means a relationship that has some inherent or essential characteristics of marriage though not a marriage that is legally recognized. Expression “relationship in the nature of marriage” cannot be construed in the abstract. It is to be taken in the context in which it appears and to be applied bearing in mind the purpose and object of DV Act as well as meaning of the expression “in the nature of marriage”, Indra Sarma v. V.K.V Sarma. **Section 2(f)**  “domestic relationship” means a relationship between two persons living in a shared household. Domestic relationship can be through marriage such as wives, daughters-in-law, sisters-in-law, widows and any other members of the family; or blood relationship such as mothers, sisters or daughters; and other domestic relationships including through adoption, live-in relationships, and women in bigamous relationship or victims of legally invalid marriages. The law addresses the concerns of women of all ages irrespective of their marital status. The definition of “domestic relationship” under the DV Act is exhaustive: when a definition clause is defined to “mean” such and such, the definition is prima facie restrictive and exhaustive, **Indra Sarmav. V.K.V Sarma**((2013 15 SCC 755)). The Supreme Court further stated that the word domestic relationship means a relationship that has some inherent or essential characteristics of marriage though not a marriage that is legally recognized. Expression “relationship in the nature of marriage” cannot be construed in the abstract. It is to be taken in the context in which it appears and to be applied bearing in mind the purpose and object of DV Act as well as meaning of the expression “in the nature of marriage”, Indra Sarma v. V.K.V Sarma.
 +=== Respondent ===
  
 +The expression "respondent" is defined in S.2(q) in following words:\\ "(q) "respondent" means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act: Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner;" 
 +
 +The words "**adult male**" as occurring in S.2(q) has been struck down by the Supreme Court in **Hiral P. Harsora and Others v. Kusum Narottamdas Harsora and Others**.((2016 (5) KHC 15)) Consequently, the respondent can also be a female in domestic relationship with the aggrieved person. The next definition, which is relevant to be noticed is S.2(s), which defines shared household. 
 === Shared Household === === Shared Household ===
 **Section 2(s)**- A shared household is where the aggrieved person or a woman lives in a domestic relationship, either singly, or along with the man against whom the complaint is filed. It may also imply a household where a woman has lived in a domestic relationship but has been thrown out. This may include all kinds of situations whether the household is owned by the respondent or it is rented accommodation. It also includes a house either owned jointly by the aggrieved person and the respondent or both may have jointly or singly, any rights, titles or interests. The DV Act recognizes a woman’s right to reside in a shared household. This means a woman cannot be thrown out of such a household except through the procedure established by the law. In case she is thrown out she can be brought back again after obtaining the order from the court. A woman to claim the protection of right in “shared household” has to establish  **Section 2(s)**- A shared household is where the aggrieved person or a woman lives in a domestic relationship, either singly, or along with the man against whom the complaint is filed. It may also imply a household where a woman has lived in a domestic relationship but has been thrown out. This may include all kinds of situations whether the household is owned by the respondent or it is rented accommodation. It also includes a house either owned jointly by the aggrieved person and the respondent or both may have jointly or singly, any rights, titles or interests. The DV Act recognizes a woman’s right to reside in a shared household. This means a woman cannot be thrown out of such a household except through the procedure established by the law. In case she is thrown out she can be brought back again after obtaining the order from the court. A woman to claim the protection of right in “shared household” has to establish 
     - that the relationship with the opposite party is “domestic relationship”, and      - that the relationship with the opposite party is “domestic relationship”, and 
     - that the house in respect of which she seeks to enforce the right is “shared household”.      - that the house in respect of which she seeks to enforce the right is “shared household”. 
-    - +
 In Indian society, there are many situations in which a woman may not enter into her matrimonial home immediately after marriage. A woman might not live at the time of the institution of proceedings or might have lived together with the husband even for a single day in “shared household” should not be left remediless despite valid marriage. Narrow interpretation of “domestic relationship” and “shared household” would leave many a woman in distress without remedy. Hence the correct interpretation of aforesaid definition including the right to live in “shared household” would be that words “live” or “have at any point of time lived” would include within its purview “the right to live”, **Vandhana v. T. Srikanth**((2007 SCC Online Mad 553)). This law does not alter the legality of ownership or transfer the ownership and a woman cannot claim that she owns a house; it only provides emergency relief to the victim in the sense that she cannot be thrown out of her house. For claiming ownership, a woman has to follow a separate legal procedure and has to file a separate application as per the provisions of laws whichever are applicable to her situation. In Indian society, there are many situations in which a woman may not enter into her matrimonial home immediately after marriage. A woman might not live at the time of the institution of proceedings or might have lived together with the husband even for a single day in “shared household” should not be left remediless despite valid marriage. Narrow interpretation of “domestic relationship” and “shared household” would leave many a woman in distress without remedy. Hence the correct interpretation of aforesaid definition including the right to live in “shared household” would be that words “live” or “have at any point of time lived” would include within its purview “the right to live”, **Vandhana v. T. Srikanth**((2007 SCC Online Mad 553)). This law does not alter the legality of ownership or transfer the ownership and a woman cannot claim that she owns a house; it only provides emergency relief to the victim in the sense that she cannot be thrown out of her house. For claiming ownership, a woman has to follow a separate legal procedure and has to file a separate application as per the provisions of laws whichever are applicable to her situation.
  
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 (h) to ensure that the order for monetary relief under Section 20 is complied with and executed, in accordance with the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974);\\ (h) to ensure that the order for monetary relief under Section 20 is complied with and executed, in accordance with the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974);\\
 (i) to perform such other duties as may be prescribed.” (i) to perform such other duties as may be prescribed.”
 +
 +
 === Service Providers === === Service Providers ===
  
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   - right to seek residence orders under Section 19 of the Act.   - right to seek residence orders under Section 19 of the Act.
 Section 19(1) of the Act empowers Magistrate to pass variety of residence order. Shared household would come into picture only when relief is sought in terms of Sections 19(1)(a) to (e) of the Act. Aggrieved woman can seek orders to enable her to continue to reside in shared household or protection order to enable her to reside in shared household, then property, which is subject-matter, should be shared household. Aggrieved woman can seek relief of alternate accommodation in terms of Section 19(1)(f) of the Act and in such case concept of shared household would not be attracted. Expression “shared household” occurring in Section 19(1)(f) of the Act is just for purpose of enabling aggrieved woman to seek alternative accommodation, which would be on par with shared household that she enjoyed at some point of time, **M. Muruganandam v. M. Megala**((2010 SCC Online Mad 6012)) Section 19(1) of the Act empowers Magistrate to pass variety of residence order. Shared household would come into picture only when relief is sought in terms of Sections 19(1)(a) to (e) of the Act. Aggrieved woman can seek orders to enable her to continue to reside in shared household or protection order to enable her to reside in shared household, then property, which is subject-matter, should be shared household. Aggrieved woman can seek relief of alternate accommodation in terms of Section 19(1)(f) of the Act and in such case concept of shared household would not be attracted. Expression “shared household” occurring in Section 19(1)(f) of the Act is just for purpose of enabling aggrieved woman to seek alternative accommodation, which would be on par with shared household that she enjoyed at some point of time, **M. Muruganandam v. M. Megala**((2010 SCC Online Mad 6012))
 +
 +Embargo under S.17(2) of not to be evicted or excluded save in accordance with procedure established by law operates only against "respondent", i.e., one who is respondent within the meaning of S.2(q). In case, the shared household of a woman is a tenanted / allotted / licensed accommodation where tenancy / allotment / license is in the name of husband, father - in - law or any other relative, the Act, 2005 does not operate against the landlord / lessor / licensor in initiating an appropriate proceedings for eviction of the tenant / licensee qua the shared household. However, in case the proceedings are due to any collusion between the two, the woman, who is living in the shared household has right to resist the proceedings on all grounds which the tenant / lessee / licensee could have taken in the proceedings. The embargo under S.17(2) of Act, 2005 of not to be evicted or excluded save in accordance with the procedure established by law operates only against the "respondent", i.e., one who is respondent within the meaning of S.2(q) of Act, 2005.((Satish Chander Ahuja v. Sneha Ahuja : AIR 2020 SC 5397))
 === Monetary Relief (Section 20) === === Monetary Relief (Section 20) ===
 Under Section 20 of DV Act, an order for monetary relief can be passed by the court in case a woman has incurred expenditure as a result of violence. This may include expenses incurred by a woman on obtaining medical treatment, any loss of earnings, damage to property, etc. The aggrieved person can also claim for maintenance from her male partner. Under Section 20 of DV Act, an order for monetary relief can be passed by the court in case a woman has incurred expenditure as a result of violence. This may include expenses incurred by a woman on obtaining medical treatment, any loss of earnings, damage to property, etc. The aggrieved person can also claim for maintenance from her male partner.