DOMESTIC 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

•

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.