- Domestic violence is called domestic violence. The physical, mental, emotional, verbal, psychological, or sexual abuse of a woman by someone with whom the woman has family ties is involved in domestic violence.
Legal Definition of Domestic Violence
(1) The Protection of Women Against Domestic Violence Act, 2005 'defines domestic violence - any behavior of the respondent, forgetting or appointing someone else to work, considered domestic violence
(2) To cause harm or injury or to endanger the mental, physical or mental health of the victim, health, life, organs or interests or to have the intention of doing so and includes physical, sexual, oral
And includes emotional and economic exploitation;
(3) To torture, harm or endanger the woman or her relatives to compel the illegal demand for dowry or other property or valuable security or
(4) the effect of the threat given by any of the conduct contained in the phrase (a) or (b) above to the victim or near relatives; or
(5) To injure or harm the victim physically or mentally
(6) Whether a behavior or conduct complained of comes under the purview of domestic violence, it is decided on the basis of the particular facts of each case.
Who is the aggrieved person?
To take full advantage of this law, it is important to understand who is the aggrieved person or victim. If you are a woman and someone (with whom you are in a domestic relationship) misbehaves with you. So you are a victim of 'aggrieved person' under this Act since the purpose of this law is to protect women from abuse related to domestic kinship, it is also important to understand what is a domestic kinship or relationship. How else can it be? 'Domestic kinship' refers to the relationship between any two individuals in which they either live together or have ever lived in a shared household. This may include the following relationships:
(1) Bloodborne relationships (eg mother-son, father-daughter, siblings, etc.)
(2) Married relations (eg husband-wife, mother-in-law father-in-law, brother-in-law, sister-in-law, sister-in-law, widow's relations or other members of widow's family)
(3) Relationships arising from adoption/adoption (eg adopted daughter and father) Relationships such as marriage (eg live-in relationships, legally invalid marriages (eg husband married a second time, or husband and wife) Are related to blood, etc. and marriage is illegal for this reason))
(To come under the purview of domestic kinship, two people are not currently living in a shared house; for example, if the husband expels the wife from his house, then it will also come under the purview of a domestic kinship.)
Rights of the aggrieved person
When this Act comes to know about the incident of domestic violence to their Law Protection Officer, Service Provider, or Magistrate, they have to inform the victim about the following rights:
(1) The victim can apply for any relief under this law such as - Protection Order, Economic Relief, Temporary Protection of Children (Custody) Order, Residence Order, or Compensation Order.
(2) The victim may enlist the help of official service providers.
(3) The victim may contact the Protection Officer.
(4) The victim may seek free legal aid.
(5) The victim can also file a criminal petition under the Indian Penal Code (IPC), under which the defendant can be jailed for up to three years, under which the victim is required to prove serious exploitation.
In addition, it is the responsibility of state-directed shelter homes and hospitals to provide a safe place to live and medical assistance to all victims who reach them. The victim can contact them through a service provider or protection officer.
Key legal provisions
Section 4 - Any person can report to the Protection Officer that domestic violence has been done or is about to be done or is being done. For which no responsibility will be fixed on the informer. As a victim, you can contact a 'Protection Officer' or service provider under this law. A 'Protection Officer' is the first point of contact for the victim. Protection officers can help initiate proceedings before a magistrate and provide a safe haven or medical aid. Each state government appoints a 'Protection Officer' in its state. The 'Service Provider' is an organization that works to help women and is registered under this law to contact the victim service provider to lodge a complaint or obtain medical help or a safe place to live. A database of all registered security officers and service providers in India is available here. A police officer or magistrate can also be contacted directly. You can also contact the Magistrate-First Class or Metropolitan Magistrate, but which area magistrate to contact depends on you and the place of residence of the defendant, usually in cities with a population of more than 1 million people to contact the Metropolitan Magistrate. May be required.
Section 5- If any information about domestic violence has been given to a police officer or a protection officer or a magistrate, then the victim has to inform them - (a) to get the protection order, (b) to provide the service provider
Empowerment, (c) availability of service of Conservation Officer, (d) obtaining free legal aid, (e) filing right of complaint. But this provision by taking police action for the cognizable offense
Does not stop.
Section 10-Service Provider, which is a regular restriction, can also report domestic violence to the Magistrate or Safety Officer.
Section 12-Victim or Protection Officer or any other domestic violence victim or guardian or Anna
May apply to the magistrate for compensation or loss in the war.
Its hearing date will be fixed within three days and execution will be done within 60 days.
Section 14-The magistrate may direct the victim to consult the service provider.
Section 16-If the parties so desire, then the proceedings can be held in a closed room.
Sections 17 and 18-victim will have the right to reside in a shared household and a protection order can be passed in their favor except for the legal process.
Section 19- While giving protection to the victim and her offspring, along with directing the local police station to give protection, the residence order and order can also be passed in respect of anyone and property.
An order can also be given to returning possession of such payment.
Section 20 and 22 - Financial dissatisfaction - Instruct the magistrate to compensate the victim or his child for the expenses and losses incurred after domestic violence. Will also be able to order maintenance and compensation and can also be ordered.
Section 21 - Custody orders can be given in relation to Satan or Magistrate can also order to meet the child.
Section 24 - The parties will be given a copy of the order by the court free of charge.