marathiDOMESTIC VIOLENCE
Dowry Death,
Trafficking
Cruelty
Acid Throwing
Foeticide
Harassment
Child Sexual Abuse
Homicide
Child Marriage
Honour Killings
Forced Marriage
Unsafe Sex
Infanticide
Marital Rape
Incest
Sati
All over the World
women victims speak
the same language
of SILENCE
Domestic Relationships
•
Husband and wife
•
Live-in Partners
•
Parents and Children
•
Relatives
•
Adoptive family
•
Trauma
From black eye to death
Decreased productivity
Joint family members
Illustrations of DV
Assault
Burning
Homicide
Persistent denial of food
Perverse sexual conduct
O
Locking a woman out of the house
O
Confining a woman at home
O
Denying access to her relatives
O
Denying access to children
Abusing children in the mother’s presence
O
Falsely denying paternity of children
O
Demoralising or putting down a woman
O
Insulting or taunting her for lack of a child or a male child
O
Threatening divorce unless dowry is given
O
Forcing abortion or sterilisation
O
Misconduct affecting the woman directly such as, drunkenness, gambling or crime
Responses to DV
Psychological
Trauma
³Hopelessness
³Anxiety
³Fear
³Anger
³Insomnia & nightmares
³Depression
³Social withdrawal
³Lower self-esteem
³Betrayal of trust
³Self blame
³Guilt
³Shame
Social
³Isolation
³Loss of dignity
³Loss of safety
Loss of marriage, home, job, family and social life
RESULTS OF DV
Physical
From black eye to death
CBurns
CDisability
CPain
CForced pregnancy
CMiscarriages and abortions
CHIV
CCuts & bruises
CFailed health
EPsychological
CFailed marriage
Economical
Decreased productivity
CWages lost
CEmployment at stake due to absenteeism
CFinancial costs
CHealth costs
Responding to DV
•Sanctuary - Preventive
–Provision of Safety
–Shelter and refuge against re-victimisation
–Protection orders
–Women victim centres in hospitals
•Forensic examination
•Crisis counseling
•Police statement
•Sanctions - punitive
–Disdain à ostracising à punishment
•Infrastructure
–Mandatory arrest
–Specialised police
–Women’s police stations
–Women victim centres
–Special Courts
–Video recording of investigation
–Video conferencing of trials
•Sensitivity
–Training of Police Officers,
Medical Officers,
Public Prosecutors and Judicial Officers
Definition – UN Model Legislation
•
All acts of
–gender based physical, sexual and psychological abuse
–by a family member
–against a woman in the family
–including
•Assault
•Aggravated physical battery
•Kidnapping
•Threats
•Intimidation
•Coercion
•Stalking
•Humiliation
•Verbal Abuse
•Forcible or unlawful entry
•Arson
•Destruction of property
•Sexual Violence
•Marital Rape
•Dowry or related violence
•Female genital mutilation
•Violence related to exploitation through prostitution
•Violence against household workers
And attempts to commit the above acts
Definition - DV Act
žPhysical
Causing harm or injury
žMental
Harassment for demand for dowry or property, threats
žSexual
Abuses, humiliation or degradation of women (includes marital rape)
žVerbal
Including insults, ridicule or humiliation (specially, for not having a child or male child), threats
žEmotional
žEconomic
Deprivation from “Streedhan”, other financial resources, properties
Disposal of property (includes deprivation of money or services)
žPsychological
(e.g. preventing contact with family or friends, threat of removal of children)
Distinction
S.498A IPC S.3 DV Act
Ø
ØCruelty Violence Act,
ðWilful conduct omission, commission, conduct
àAs to cause injury as to constitute physical, mental, sexual, verbal, emotional, economic abuse
àDanger to life Considering overall facts and circumstances
àDrive her to suicide
ðHarassment
àTo meet demand for dowry or property
Investigation
Video recording of victim statement / dying declaration
²Photographs of the scene of crime
²Map of the scene of crime
²Photographs of victim’s injuries
²Photographs of suspect’s injuries, if any
²Medical report of injuries
²Forensic evidence
Investigation to begin in all cases of stove-related
accidents forthwith.
Support Services
{Prevention Services for victims and children
{Employment
{Training
{Parenting
{Health services
{Counseling
{Legal assistance
{Shelter & Refuge
{Telephone Helpline
{Self Defense Classes
{Support Groups
{Yoga & Meditation
Authorities
éMagistrate [s.2(i)] or civil, family or criminal court [s.26]
éProtection officers [s.2(n)]
éService providers [s.2(r)]
éPolice officers [s.
éWelfare expert [s.15]
Duties of Authorities
Magistrates
Inform the aggrieved person of rights to reliefs and services [s.5]
éUpon application or relief – fix date of hearing within 3 days [s.12(4)]
éDispose of application within 60 days [s.12(5)]
éDirect notice of application by protection officer to the respondent within 2 days [s.13(1)]
éSend copy of the Order to the parties, police and Service Provider [s.20(4), 24]
Protection Officers & Service Providers
éInform the aggrieved person of rights to reliefs and services [s.5]
éProvide shelter [s.6, 9(1)(f), 10(c)]
éProvide medical aid [s.7, 9(1)(g), 10(2)(b)]
éAssist Magistrate [s.9(1)(a)]
éMake domestic incident report [s.9(1)(b), 10(1)(a)]
éApply to Magistrate on behalf of aggrieved person for protection order [s.9(1)(c)]
éProvide legal aid [s.9(1)(d), 19(1)]
éMaintain list of Service Providers [s.9(1)(e)]
éEnsure compliance of order for monetary reliefs [s.9(1)(h)]
éServe Notice of Application within 2 days [s.13(1)]
éDeclare Service (s.13(2)]
éPerform such other duties as are prescribed
Police Officers
éInform the aggrieved person of rights to reliefs and services [s.5]
éProvide police protection whenever directed [s.19(5)]
éProvide counseling
éImplement Protection Order [s.19(7)]
Rights of aggrieved person
ðRight to information about reliefs and services [s.5]
ðRight to obtain reliefs under s.14 and 18-22
ðRight to matrimonial home [s.17]
ðRight to free legal aid [s.5(d)]
ðRight to file complain u/s.498(a) of the IPC [5(e)]
ðRight to be provided shelter [s.6]
ðRight to receive medical aid [s.7]
Beneficiaries of protection
PSpouses – usually wives
PPartners – usually female
PAdolescents and young adults – usually female (Dating & Parental Violence)
PThe poor and illiterate
Young people between ages 16 to 24 are
most at risk
DV Act - Reliefs
ùCounseling [s.14(1)]
ùRight to matrimonial home [s.17(1)]
ùInjunctions [s.18]
ÚProhibitive [s.18(a) to (g) and 19(a), (c), (d), (e)]
ÚMandatory [s.19(b) and (f)]
ÚAdditional conditions and directions [s.19(2)]
ùExecution of Bond [s.19(3)]
ùPolice protection [s.19(5) and (7)]
ùReturn of Streedhan [s.19(8)]
ùMonetary reliefs including maintenance[s.20]
ùTemporary custody of children [s.21]
ùCompensation and damages for injuries [s.22]
These include Interim Orders and Ex-parte Orders [s.23]
Other Reliefs?
¹Restitution Orders
¹Rehabilitation
¹Restraining Orders upon acquittal
¹Employment
¹Alternate accommodation
¹Photographs and particulars of offender in media
¹Legal separation
¹Earnings from property
¹Deposit of security
¹Home visits
Aspects requiring Judicial Notice
Repeat Victimisation – it escalates in severity and frequency
óRepeat Assaults – a habit
óInjuries are seen later – e.g. strangulation marks, pain, fractures, cuts & bruises
óOnus of proof – when shifts?
óConflict of interest of woman and child - Special child protection measures
Dying Declarations Procedural Tests of written DD
–Language
–Format
–Scribe
–Signature
–Length
–Contents
–Certification
–Date / Time
–Explained and found correct
øTest of truthfulness
–Competent witness
–Physically and mentally fit
–Not tutored
–Delay
–Possible opportunities
–Consistency
–Corroboration
øWhy ?
–Hearsay evidence
–Evidence not on oath
–Not subject to cross examination
The Judiciary must
Hear those who cannot shout,
Listen to those who cannot speak.
