VIOLENCE AGAINST WOMEN DOMESTIC WORKSPACE
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- Title
- VIOLENCE AGAINST WOMEN DOMESTIC WORKSPACE
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RF_WH_17_PART_1_SUDHA
22 May "00 14:46 F01
The- GUiDHLiNEsT^d”N°RMS prescribed herein are as under
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HAVING REGARD to th< definition of •burnan'
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of the Protection of Human Rights Act, 1993, TAKING NO
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of the fact that the present civil and penal laws in India do not
adequately provide for specific protection of women from sexual
harassment in work places and that enactment of such legislation
will take considerable time.
6;.
It is necessary and expedient for employers in work places as well as other
i- responsible persons or institutions to observe certain guidelines to ensure the prevention
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fe-.- of mu al harassment of women:
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o-s the Employer or other responsible persons In work jZ.uv®** and
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Either
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h shall be the duty of the employer or other responsible persons ini work places or
other Institutions to prevent* or• deter
<----- the commission of acts of sexual harassment
the procedures for the resolution, settlement or prosecution of acts
arid to provide
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F'. of sexue! harassment by taking all steps required.
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ft 2. Definition:
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For k purpose, sexual harassment includes such unwelcome sexually
feu :• btihavlour (Whether directly or by implication) as:
BT-4"physical cchtact and advances;
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b)
a demand or request for sexual favours;
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sexually coloured remarks:
d)
showing pornography:
rmined
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e)
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any other unwelcome physical, verba! or non-verbal conduct of sexual
nature.
Where any of these acts is committed in circumstances; where-under the victim of
such
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reasonable apprehension that in relation to the victims
uch conaum
conduct has
employment or work whether she is drawing salary, or honorarium or voluntary,
whether in government, public or private enterprise such conduct can be humiliating
and may constitute a health and safety problem. It is discriminatory for instance
when the woman has reasonable grounds to believe that her objection would
disadvantage her in connection with her employment or work including recruiting
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22 May ’00 14:46 P02
or promotion or when it creates a hostile work environment. Adverse consequences
it .■ might
be visited if the victim does not consent to the conduct in question or raises
■ iry objection thereto.
Bp’ 3, Preventive Steps:
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Al: employers or persons in charge of work place whether in the public or private
sector should take appropriate steps to prevent sexual harassment. Without prejudice
to the generality of this obligation they should take the following steps:
(ai Express prohibition of sexual harassment «as defined above at the work place
should be notified, published and circulated
— iin appropriate ways.
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(b; The Rules/Regulations of Government and Public Sector bodies relating to
conduct and discipline should include rules/regulations prohibiting sexual
harassment and provide for appropriate penalties in such rules against the
offender.
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no employee woman should have
reasonable grounds to believe that she is disadvantaged iin connection with
her employment.
I (Ci As regards private employers steps should be taken to include the aforesaid
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prohibitions in the standing orders under the Industrial Employment (Standinq
Orders) Acts, 1946.
I (d) Appropriate work conditions should be provided ir
in respect of work, leisure,
health
and
hygiene
to
further
ensure
that
there
Ib" -.b towards women at work places and —
—„ Iis no hostile environment
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Criminal Proceedings:
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Where such conduct amounts to a specific offence under the Indian Penal Code
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the emp!oyer sha!1 initiate appropriate action in accordance
With law by making a complaint with the appropriate authority.
Ih particular, it should ensure that victims, or witnesses are not victimized or
fe; dominated
against while dealing with complaints of sexual harassment The
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victims of sexual harassment should have the option to seek transfer of the
perpetrator or their own transfer.
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5. Disciplinary Action:
Where such conduct amounts to mis-conduct in employment as defined by fl
relevant service rules, appropriate disciplinary action should be initiated by th
employer in accordance with those rules.
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6. CompUlnt Mechanism:
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Whether or not such conduct constitutes an offence under law or a breach of th
service rules, an appropriate complaint mechanism should be created in th
employer’s organization for redress of the complaint made by the victim. Sue
complaint mechanism
----------- should
------- 1 ensure- time bound treatment of complaints,
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7. Compfielnta Committee:
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The complaint mechanism, referred to in (6) above, should be adequate to pre
vide, where necessary, a Complaints Committee, a special counsellor or othc
support service, including the maintenance of confidentiality.
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The Complaints Committee should be headed by a woman and not less than ha
of its member should be women. Further, to prevent the possibility of any undu
pressure or influence from senior levels such Complaints Committee should involv
a third party, either NGO or other body who is familiar with the issue of sexu<
harassment
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The Complaints Committee must make an annual report to the Governrrfet
department concerned of the complaints and action taken by them.
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The employers and person in charge will also report on the compliance withth
aforesaid guidelines including on the reports of the Complaints Committee to th
Government department.
8. Workers’ Initiative:
Employees should be allowed to raise issues of sexual harassment at workci:
meeting and in other appropriate forum and it should be affirmatively discuss?
in Employer-Employee Meetings.
9.
Awareness
Awareness of rights of female employees in this regard should be created
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2z May ’00 14:46 P03
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22 May ’00 14=46 F03
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^...- particular by prominently notifying the guidelines (and appropriate legislation when
H^enacted on the subject) in a suitable manner.
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nilrd Party Harassment:
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Where sexual harassment occurs as a result of an act or omission by any third
party or outsider, tl e employer and person in charge will take all steps necessary
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!.<' and reasonable to assist the affected person in terms of support and preventive
gfc . action.
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|<J;'The Centrai/State Governments are requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this order
. are also observed by the employers in Private Sector.
These guidelines will not prejudice any rights available under the Protection of
|fe; yHuman Rights Act, 1993.
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ll^^^itisly, we direct that the above guidelines and norms would be strictly
^^Crvud in all work places for the preservation and enforcement of the right to
lender equality of the working women. These directions would be binding and
; enforceable in law until suitable legislation is enacted to occupy the field. These
Petitions are disposed of, accordingly.
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[Sujata V, Manohar]
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[B.N. Kirpal]
(M- rs ms.
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MH 13
WHO/EIP/GPE/99.2
Distr. Limited
English only
PUTTING WOMEN’S SAFETY FIRST:
ETHICAL AND SAFETY RECOMMENDATIONS
FOR
RESEARCH ON DOMESTIC VIOLENCE
AGAINST WOMEN
Global Programme on Evidence for Health Policy
World Health Organization
Geneva, Switzerland
4
These recommendations were developed from those prepared for the World Health
Organization Multi-Country Study on Women’s Health and Domestic Violence by the
Core Technical Team for the Study: Claudia Garcia Moreno from the Global
Programme on Evidence for Health Policy in WHO (Study Coordinator), Charlotte
Watts from the London School of Hygiene and Tropical Medicine (Senior Technical
Adviser to the Study), Lori Heise and Mary Ellsberg from the Centre for Health and
Gender Equity (Technical Advisers). They build on the collective experiences of the
International Research Network on Violence Against Women. We also acknowledge
the able guidance of the WHO Expert Steering Committee of the Study and of the
Scientific and Ethical Review Group (SERG) of the WHO Special Programme of
Research, Development and Research Training in Human Reproduction (HRP).
For further information on these Guidelines and the Multi-Country Study please
contact:
Dr Claudia Garcia-Moreno,
Co-ordinator,
Multi-country Study of Women's Health and Domestic Violence,
WHO/GPE/EQC
Tel. 41(22)791.4353
Fax.41 (22)791.4328
E-mail, garciamorenoc@who.int
s
This document is not issued to the general public, and all rights are reserved by the World Health
Organization (WHO). The document may not be reviewed, abstracted, quoted, reproduced or
translated, in part or in whole, without the prior written permission of WHO. No part of this document
may be stored in a retrieval system or transmitted in any form or by any means - electronic,
mechanical or other - without the prior written permission of WHO. The views expressed in
documents by named authors are solely the responsibility of those authors.
INTRODUCTION
aro^d^h^world^iPtt^na'acro^^i^113 f°rmS' ‘S endemiC in comm^ities and countries
psycbological harm or suffering to women, including threats of such acts coercion or
iS’^Thf m Jt°nS °f hbe^y’ Whether occurrin9 in public or private life (United Nations
' Thf
common type of abuse of women worldwide is “domestic violence” or
1994?yThP peaTOtl?bal tand/Or !eXUal abUSe °f Women by their intimate partners (Heise
»/hi 2
i6^ ^re ° her f°rms of abuse’ such as dowry harassment and wife inheritance
communkies
tradltlonal or customary practices and are limited to specific regions and
it is only now, through the sustained activism by women’s organisations that violence
against women, including domestic violence, is starting to receive substantial attpntinn
■n emafonaHy^ As domestic violence against women become^TbcreasS recognised
and discussed, important questions are being raised concerning its9maqnitdde in
different settings, and its causes and consequences. Likewise, there 7s increasing
recognition of the need for better data on the effectiveness of different interventions. 9
Due to the limitations of service-based data, accurate figures on the prevalence of
denmi'ntoti? ence TSt
obtained through population-based surveys in which a
epresentative sample of randomly selected women are asked directly about their
°f abUSA p°Pulation-based surveys can also be used to obtain important
Rights nto some of the causes and consequences of violence, and in the long term to
denth n\5r?dtS
° eXPJOre the community imPact of different interventions.9More’inadd conS < nwNrb6 arC| Pr0VideS a means t0 Obtain 9reater insi9hts int0 the settings
and contexts ir) which violence occurs, the dynamics of abuse, and to better understand
how women, children and communities are affected by this violence. Likewise research
|07n1'X?HnffPr0Vltdre Impodant insights into the causes of violence, and to explore the
impact of different forms of intervention.
me
Research on violence against women, however, raises important ethical and
S^atu^oHhP^31160965' RehsearchinS abuse is not like other areas of investigation b . t
of the t0P'c means that issues of safety, confidentiality and interviewer skills
and framing are even more important than in other forms of research. It is not an
resnnnripn?11 h m37 that the physical safetV and mental well being of both the
loUaken
reSearch team can be Put in jeopardy if adequate p?ecautions are
In order to guide future research in this area, the World Health Organization has
developed the following recommendations regarding the ethical conduct of domestic
vio ence research. These build on the collective experience of the International
Researchers Network on Violence Against Women (IRNVAW)1. They have been
reviewed and approved by the WHO Steering Committee for the Multi-Country Study on
andVt'hicallj^sound manned 'h'0™3"00 On how bes't0 research P^ical and'sexua! abuse in a methodologically rigorous
1
Women’s Health and Domestic Violence Against Women, and also reviewed by key
members of the Scientific and Ethical Review Group (SERG) of the Special Programme on
Research and Research Training on Human Reproduction (HRP.) The recommendations
are in addition to those outlined in the CIOMS International Guidelines for Ethical Review of
Epidemiological Studies (1991).
RESEARCHING DOMESTIC VIOLENCE AGAINST WOMEN
It is often felt that domestic violence against women is too sensitive a topic to be explored in
a population-based survey, and that shame, self-blame orfear of further violence will prevent
women from discussing their experiences. However, community-based research on this
issue has been successfully conducted in Asia, Africa, the Middle East, Latin America,
Europe and North America (Heise 1994, WHO 1997), and a number of instruments have
been developed to quantify the extent, nature, severity and frequency of different forms of
interpersonal violence. These studies show that research on domestic violence against
women can be conducted with full respect of ethical and safety considerations. They also
show that when interviewed in a non-judgmental manner in an appropriate setting, many
women will discuss their experiences of violence. Indeed, rather than being a barrier,
evidence suggests that many women find participating in violence research beneficial
(Health and Development Policy Project, 1996).
Despite these positive findings to date, there is the real danger that research conducted
without due sensitivity and attention to safety and confidentiality could be distressing and put
respondents, and at times researchers, at risk. All research on domestic violence against
women needs to prioritize women’s safety, and build into the study design plans on how to
protect the safety of all participants and to ensure that the research is conducted in an ethical
and appropriately sensitive manner. Box 1 summarizes key ethical and safety principles that
should guide all research on violence against women. Recommended actions that should be
taken to ensure that the research adheres to these principles are then described.
BOX 1: ETHICAL AND SAFETY RECOMMENDATIONS
FOR DOMESTIC VIOLENCE RESEARCH
> The safety of respondents and the research team is paramount, and should infuse all
project decisions
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Prevalence studies need to be methodologically sound and to build upon current research
experience about how to minimize the under-reporting of abuse
Protecting confidentiality is essential to ensure both women’s safety and data quality
All research team members should be carefully selected and receive specialized training
and on-going support
The study design must include a number of actions aimed at reducing any possible
distress caused to the participants by the research
Fieldworkers should be trained to refer women requesting assistance to available sources
of support. Where few resources exist, it may be necessary for the study to create short
term support mechanisms.
>
Researchers and donors have an ethical obligation to help ensure that their findings are
properly interpreted and used to advance policy and intervention development
Violence questions should be incorporated into surveys designed for other purposes only
when ethical and methodological requirements can be met
2
£
a) Safety of the respondents and the research team is paramount and should
infuse all project decisions.
The physical safety of respondents and interviewers from potential retaliatory violence by
the abuser is of prime importance. If the focus of the survey becomes known -- either
within the household, or among the wider community -- the topic of the interview may
become known to a perpetrator of family violence. For women experiencing abuse, the
mere act of participating in a study may provoke further violence. This may place the
respondent or the interview team at risk, either before, during or after the interview. At
the same time the woman, as the subject and beneficiary of the research, needs to give
full informed consent. Thus, for both ethical and safety reasons, the survey is introduced
to the household and wider community as a survey on women’s health and life
experiences. However, the woman herself has to be fully informed about the nature of
the questions. The sensitivity of the research topic can be raised during the initial
consent procedure. More information about the topic of violence, and several
opportunities for her to stop the interview or avoid responding to certain questions can be
given before specific questions on violence.
>
Interviews should be conducted only in a private setting. The participant should be
free to reschedule (or relocate) the interview to a time (or place) that may be more
safe or convenient for her.
>
The survey needs to be framed as a study on women’s health or family relations in
order to enable the respondent to explain the survey to others safely. This
explanation can be used to describe the survey to the community and to other
members of the household. Once the respondent and interviewer are alone, further
information should be provided to her as part of the consent procedure.
>
In instances where the sampling unit is the household, only one woman per
household should be interviewed about her experiences of domestic violence. In
households with more than one eligible woman, a single respondent should be
selected randomly for interview. Any interviews conducted with other household
members (either male or female) should not include questions directly exploring their
attitudes towards or their use of violence - as this may result in their concluding that
the key respondent was also asked about domestic violence.
>
Interviewers should be trained to terminate or change the subject of discussion if an
interview is interrupted by anyone. A short diversionary questionnaire on a less
sensitive topic concerning women’s health (such as menstruation, family planning or
child spacing) can be developed to assist with this. The interviewer can then
forewarn the respondent that she will start to discuss this other topic if an interview is
interrupted, and if needed, turn to the diversionary questionnaire.
>
Logistics planning should include consideration of respondent safety. This will
require that the study’s budget anticipate the likely need to re-schedule some
interviews. It should also include advance identification of additional locations (such
as a local health centre) where interviews can be conducted if women so desire.
3
a
> Logistics planning and budgeting should also consider the safety needs of
interviewers. To ensure safety, it may be necessary for interviewers to travel in pairs
or to assign a male escort to accompany teams into certain neighbourhoods known
to be unsafe for women alone. This is particularly true in circumstances where
interviewers may have to conduct interviews in the evenings.
b) Prevalence studies need to be methodologically sound and build upon current
research experience about how to minimize the under-reporting of violence.
The increasing priority being given to violence against women has, in some settings,
resulted in the rapid implementation of population-based surveys to document the
prevalence of different forms of abuse. As with other studies on sensitive topics, the
tendency will be for participants to under-report their experiences. Thus, there is the
danger that a well-intentioned but poorly conceptualised or implemented study may
result in serious under-reporting of violence. This raises both ethical and practical
concerns. Ethically, it is unacceptable to conduct a poorly designed study that cannot
hope to address its primary study aims. This is particularly true for studies on violence
against women, where the nature of the subject matter may put women at risk and where
women are asked to disclose difficult and painful experiences.
Practically, too, it is of concern if a study documents low levels of domestic violence in a
setting where prevailing evidence is to the contrary. It could be argued that some
information about the prevalence of abuse is better than no information at all. However, in
this case, bad data may be worse than no data, as low prevalence estimates could
potentially be used to question the importance of violence as a legitimate area of concern.
Consequently, it is important that domestic violence surveys are methodologically sound
and build upon current research about how to minimize under-reporting.
Current research suggests that rates of disclosure are linked to the manner in which
questions are worded and asked. Generally, questions should avoid using loaded terms
such as ‘abuse,’ ‘rape,’ or ‘violence’ and instead ask respondents about whether or not
they have experienced certain specific acts, such as being hit, slapped, or beaten. For
each type of abuse, it is useful to ask about a range of behaviours along with specific
cues directing the respondent to consider different settings (such as at home, work or
school) or potential perpetrators (such as current partners, former partners, other male
relatives, males in positions of authority). Single, global questions on abuse are
generally inadequate for capturing true rates of abuse (Health and Development Policy
Project 1995). Rates of disclosure have also been found to be related to the nature and
length of other questions in the interview; the number of opportunities respondents are
given to disclose; and the presence or absence of others during the interview.
The extent to which women wilfdiscuss their experiences of violence is also influenced
by the sex, skill, and training of the interviewer. Most violence against women is
perpetrated by men, and experience to date suggests that female respondents feel most
comfortable talking about violence with other women. It has also been found that adult
women prefer not to discuss violence with interviewers whom they perceive may not
understand or be sympathetic with their experiences. Consequently, in some settings,
difficulties have been encountered when using young or un-married women as
interviewers, or when using interviewers who are not experienced at discussing sensitive
issues. This highlights the importance of ensuring that interviews are conducted by
carefully selected and appropriately trained female interviewers.
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These issues highlight the need for the careful pre-testing and piloting of the research
tools, and the importance of monitoring the quality of a study’s implementation. In
situations where very low levels of abuse are documented, the findings should be
discussed with key informants and different community groups before being widely
disseminated. Where these groups question the validity of the findings, their concerns
should also be presented during dissemination activities.
c) Protecting confidentiality is essential to ensuring both women’s safety and
data quality.
Much of the information provided by respondents will be extremely personal. The dynamics
of a violent relationship are such that the act of revealing details of abuse to someone
outside the family could also provoke another violent episode. Forhese reasons, the
confidentiality of information collected during a survey or from in-depth interviews with
survivors of violence is of fundamental importance. A number of mechanisms should be
used to protect the confidentiality of the information collected, including:
>
All interviewers should receive strict instructions about the importance of maintaining
confidentiality. No interviewers should conduct interviews in their own community.
>
No names should be written on questionnaires. Instead, unique codes should be
used to distinguish questionnaires. Where identifiers are needed to link a
questionnaire with the household location or respondent, they should be kept
separately from the questionnaires, and upon completion of the research, should be
destroyed. In all further analysis, the codes should be used to distinguish
questionnaires. Participants should be informed of confidentiality procedures as part
of the consent process.
>
Where tapes are made of in-depth interviews with survivors of violence, these should
be kept in a locked file, with access restricted to identified people, and erased
following transcription. The permission of the respondent should be sought before
taping. Again, no record of the name of the women interviewed should be kept and
women should be informed of who will have access to the tapes and for how long
they will be kept.
>
Particular care should be taken during the presentation of the research findings that
the information presented is sufficiently aggregated to ensure that no one community
or individual can be identified. Where case-study findings are presented, sufficient
detail should be changed to ensure that it is not possible to identify the source of this
information.
>
Although photographs of abused women can be a powerful and emotive way of
communicating about domestic violence, particular care should be used when using
this form of documentation. Women should be asked specifically whether
photographs may be taken and shown, and must agree to this as part of the informed
consent process. They should be informed how and where the photographs will
likely be shown or displayed.
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d) All research team members should be carefully selected and receive
specialised training and on-going support.
One of the enduring lessons to emerge from the experience of 1RNVAW members is that
all team members, including interviewers, involved in violence against women research
need specialised training and support over and above that normally provided to research
staff. This training should include a basic introduction to domestic violence issues and
an overall orientation to the concepts of gender, and gender discrimination/inequality.
The training must provide a mechanism for field workers to confront and overcome their
own biases, fears and stereotypes regarding abused women. Many fieldworkers will
have internalised the “victim-blaming” attitudes that permeate the culture at large-a
reality that is likely to undermine their ability to get full and honest disclosure from the
women they interview. Indeed, rates of reported abuse have been shown to be very
sensitive to intimation of judgement or blame on the part of interviewers.
In addition, training should include an opportunity for research staff to come to terms with
their own experiences with abuse. The high prevalence of violence against women world
wide means that it is very likely that one or more research staff will have been a direct
target, or have familial experiences of violence. While this may improve the interviewers'
skills and empathy, the process of being involved in the study (either as an interviewer,
supervisor, data processor or statistician) may awaken images, emotions, internal
confusion and conflict. These reactions may affect their ability to work, may have a
negative impact on their health, and may create tension in the home. Even where a
researcher or fieldworker has not herself experienced violence, listening to stories of
violence and abuse, not unlike research in fields such as death and dying, may be
draining and even overwhelming. Experience has shown that unless this reality is
confronted directly, research projects can experience high rates of attrition among staff.
There are a number of ways in which investigators can attend to the needs of
researchers and fieldworkers. During the training process it is important that the subject
of violence is openly discussed, and that participants are given the option of withdrawing
from the project without prejudice. During the research, regular debriefing meetings
should be scheduled to enable the research team to discuss what they are hearing, their
feelings about the situation, and how it is affecting them. These meetings should aim to
reduce the stress of the fieldwork, and avert any negative consequences.
Despite these measures, some field-workers may need to be given less emotionally taxing
tasks, be given a break from the study, or may have to withdraw from the research
altogether. Interviewers must also be helped to understand their role in relation to a woman
who reports experiencing violence. They should be open to assisting her if asked (see
below), but they should not tell her what to do or to take on the personal burden of trying to
“save her”.
e) The study design must include a number of actions aimed at reducing any
possible distress caused to participants by the research.
Active efforts must be made to minimize any possible distress caused by the research.
Domestic violence is a sensitive and stigmatized issue, and women are often blamed for
the violence they experience. All questions about violence and its consequences should
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be asked in a supportive and non-judgemental manner. In addition, care needs to be
taken to ensure that the language of the questionnaire cannot be interpreted as being
judgemental, blaming or stigmatizing (Liss and Solomon, 1996).
As noted above, there is some evidence that many women find being provided with the
opportunity to talk about their experiences of violence beneficial. Nevertheless, the
respondent may recall frightening, humiliating or extremely painful experiences, which
may cause a strong emotional reaction. Interviewers therefore need to be trained to be
aware of the effects that the questions may have on the informant and how best to
respond, based on the woman’s level of distress. Some women may become emotional
during an interview but still choose to proceed, after being given a moment to collect
themselves. Interviewer training should include how to terminate an interview if the
impact of the questions becomes too negative.
All interviews should end in a positive manner (Parker and Ulrich, 1986), reinforcing the
woman’s own coping strategies and reminding her that the information she has shared is
important and will be used to help other women. Likewise, interviewers should affirm that
no one deserves to be abused and inform the respondent of her rights under the law.
f) Fieldworkers should be trained to refer women requesting assistance to
available local services and sources of support. Where few resources exist, it may
be necessary for the study to make provision for short-term support mechanisms.
It is important that researchers anticipate and be prepared to respond appropriately to
that subset of women who may need additional assistance during or following an
interview. Prior to conducting the research, researchers need to meet with potential
providers of support, which may include existing health, legal, social service and
educational resources in the community, and less formal providers of support (including
community representatives, religious leaders, traditional healers and women’s
organisations). Discussions should be held to identify the forms of support that each is
able to provide. A resource-list should then be developed and offered to all respondents,
irrespective of whether they have disclosed experiencing violence or not. The resource
list should either be small enough to be hidden or include a range of services so as not
to alert a potential abuser to the nature of the information supplied.
Where few resources exist, it may be necessary to have a trained counsellor or
women’s advocate accompany the interview teams and provide support on an “as
needed” basis. Generally this can take the form of alerting all participants that a staff
person trained in family issues will be available to meet with anyone who cares to at a set
time and place. Preferably this location should be a health centre, church or local
organisation where women can easily go without arousing suspicion.
g) Researchers and donors have an ethical obligation to help ensure that their
findings are properly interpreted and used to advance policy and programmes.
It is important that research findings are fed into ongoing advocacy, policy making and
intervention activities. Too often critical research findings never reach the attention of the
policymakers and advocates best positioned to use them. The enormous personal,
social and health-related costs of violence against women places a moral obligation on
researchers and donors to try to ensure that study findings are applied in the real world.
7
It is also important that the study community receives early feedback on the results of the
research in which they have participated.
One way to improve the relevance of research projects is, from the outset, to involve
advocacy and direct service groups either as full partners in the research or as members
of an advisory committee. Such committees can play an important role in helping guide
the study design, advise on the wording of questions, assist with interviewer training and
give guidance on possible forms of analysis and the interpretation of results. They also
have a central role to play in publicizing and applying the project’s findings.
A range of activities, using formal and informal media, can be used to disseminate the
study findings locally and nationally, and to explore possible follow-on activities.
Wherever possible, findings should be fed into ongoing advocacy, policy development
and intervention activities, such as the internationally recognized "Sixteen Days of
Activism Against Gender Violence (November 25th to December 10th)"2.
Researchers need to be pro-active in helping to ensure that their research findings are
interpreted appropriately by the lay public and the media. Although analysis may
highlight sub-groups at higher risk of particular forms of violence, researchers should
take care when presenting such findings not to feed into any negative stereotypes of
particular ethnic or social groups, and to ensure that no one community or individual can
be identified or stigmatised. One strategy is to highlight that violence against women cuts
across all communities and socio-economic groups. Another is to emphasize the
similarities and parallels among sub-groups and to describe how particular forms of
inequality may contribute to differences (Aronson and Fontes 1997). For example, higher
levels of physical violence have frequently been reported among lower socio-economic
groups. In such situations, it is important to use the findings to advocate for positive
change, rather than to allow the results to further stigmatize this group.
h) Violence questions should be incorporated into surveys designed for other
purposes only when specific ethical and methodological requirements can be met.
Increasingly, researchers have become interested in integrating questions related to
violence against women into studies designed primarily for other purposes. This
approach can be useful for providing basic data on violence when a more in-depth
focused study is not feasible, and for providing insights into the links between violence
and other health and development issues (e.g. including questions on victimization into a
study exploring women’s suicide attempts).
However, experience indicates that there are often tradeoffs to such a strategy. The
challenges of ensuring data quality and ensuring respondent safety are often greater in
such circumstances than in focused studies on violence. Since disclosure rates for
violence are affected by a variety of factors (including the length of the interview, the type
and number of questions, as well the rapport established between interviewers and
respondents), “sandwiching” a few violence questions between lengthy questions on
unrelated issues tends to affect prevalence figures negatively by reducing women’s
2.
The “16 Days of Activism Against Gender Violence” is part of the Global Campaign for Women’s Humans Rights initiated in
1991 by the Center for Women’s Global Leadership in the U.S.A.
8
willingness to disclose violence. Furthermore, although measures such as specialized
training for interviewers, confidentiality and follow-up support for both interviewers
and informants is critical in any survey addressing violence against women, it is often
much more difficult to ensure that these guidelines are followed when violence
represents only a small part of the research objective.
Because of these drawbacks, “integrating” violence questions into other studies makes
sense only when the primary research team is willing and able to address the basic
ethical and methodological guidelines outlined herein. Where this is not feasible, it is
preferable to avoid asking women directly about their own experiences of abuse. In such
instances, it is generally more appropriate to ask less personal questions regarding
attitudes toward abuse and/or the respondents knowledge of others who have
experienced abuse, rather than to probe directly into a woman’s history. The more
extensively women are asked about their own experiences of abuse, the more imperative
it becomes to ensure backup support and confidentiality.
CONCLUSION: PUTTING WOMEN’S SAFETY FIRST
Domestic violence is now receiving substantial attention, resulting in increased funding
for research on violence against women worldwide. The recommendations detailed in
this document reflect current knowledge concerning the ethical and safety considerations
that need to be addressed when conducting research on domestic violence. The special
nature of this research topic demands that safety concerns be considered from the very
beginning of a study, through its implementation and dissemination. This means that
violence research will likely require a longer timeframe and a greater investment of
resources to ensure these issues are fully addressed. Donors and researchers alike can
make their own contribution to women’s safety by following these guidelines and never
putting research objectives above women’s well-being.
9
References
Aronson Fontes L. (1997) Conducting ethical cross-cultural research on family violence.
Chapter 23 in Out of the darkness: contemporary perspectives on family violence Eds.
Kaufman Kantor, Jana Jasinski. Sage Publications.
Council for International Organizations of Medical Science (CIOMS) (1993) International
Guidelines For Ethical Review Of Epidemiological Studies, Geneva, Switzerland.
Health and Development Policy Project (1995) Measuring Violence Against Women
Cross-Culturally. Notes From A Meeting. June 29, 1995. Unpublished document.
Health and Development Policy Project (1996) Second Annual Meeting of the
International Research Network on Violence Against Women.Dec. 8-19, 1996.
Unpublished document.
Heise L., Pitanguy H. and Germain A. (1994) Violence Against Women: The Hidden
Health Burden. World Bank Discussion Papers 255.
Liss M. and Solomon S.D. (1996)
Research. Unpublished document.
Ethical Considerations In Violence-Related
Parker B. and Ulrich Y. (1990) A Protocol Of Safety: Research On Abuse Of Women.
Nursing Research July / Aug. 38 248 - 250.
United Nations General Assembly (1993) Declaration on the Elimination of Violence
Against Women. A/RES/487104, 1994.
WHO/FRH/WHD/97.8 (1997) Violence against women: A Public Health Priority
10
WORLD
HEALTH ORGANIZATION
SOUTH-EAST ASIA REGION
ORGANISATION MONDIALE DE LA SANTE
REGION DE L’ASIE DU SUD-EST
OFFICE OF THE WHO REPRESENTATIVE FOR INDIA
Tel.: (9111) 379 21 79 /301 89 55 / 301 89 88 (Ext. 207)
Ms
■jsCih;
With the compliments
of the
WHO Representative
Nirman Bhawan, 533-35, A-Wing, NEW DELHI 110011, India Telegr.: WHO NEW DELHI Telex: 31-65031 & 31-65095 Fax: (911 1) 331 8607
Aawaaz-e-'Niswaan
P.O. Box No.: 13061, Mohd Ali Road,
Mumbai - 400 003.
Fax No.: 340 91 01
Aawaaz-e-Niswan (Voice of Women) is a collective of Muslim women, which has
been working in Nagpada, Bhendi Bazaar, Dongri & the surrounding Muslim areas
of Central Bombay since 1987. We in this collective have faced difficulties in our
lives and have created this collective space on the foundation of our experiences.
Our major work within Aawaaz-e-Niswan has been to support women struggling
within their families for their rights. Individual women in distress have been
approaching Aawaaz-e-Niswan since its inception. Most of them have been
subjected to severe physical and mental torture; harassed for dowry, given talaq
(divorce) orally or in writing and forced to forfeit their meher (bride price) by
force, or deserted without maintenance for themselves or their children.
Due to all this problems and no source of income, children have to give up their
studies and as a result of this most of the time fall into bad company. By seeing all
this problems we felt a need to help such children in their education. We are
enclosing a form for your support and co-operation in our endeavour. We are
planning to help children studying in first to tenth standard and also students
studying in colleges.
Awaiting your early response and co-operation.
Thanking you.
Yours Sincerely,
~*
Yasmin Aga / Nasim Naik
FORM
DATE:
N AME OF DONOR:
RESIDENTIAL ADDRESS:
OFFICE ADDRESS:
PI IONE NO (RES/OFF):
CASH / CHEQUE DONATION:
DRAWN ON:
CHEQUE NUMBER:
AMOUNT IN WORDS:
MATERIAL DONATION:
TEXTBOOKS / NOTE BOOKS / UNIFORMS / STATIONARY/
SCHOOL FEES / SHOES (PLEASE TICK)
SIGNATURE OF DONOR:
DATE:
'
k ’' I
March 15, 1999
TWENTY YEARS
OF DEVELOPMENT
Dear V(a .
d
I am writing this to invite your participation in a two-day workshop on Responses to Domestic
Violence in India at Mumbai on April 12 and 13, 1999.
The International Center for Rese. .i on Women has initiated, as part of a large global programme,
a large research project on domestic violence in India in collaboration with Indian researchers. The
research attempts to understand prevalence of violence, and its correlates as well as document and
analyse the responses to violence. A detailed description of the project is enclosed for your
information.
Three studies have been completed so far and will be discussed at the April Workshop. The first is
a study by Leela Visaria which has examined the prevalence and conciliates of domestic violence
in five villages of Kheda District in Gujarat. The second is a study by Nishi Mitra of the Tata
Institute of Social Sciences on the responses to domestic violence by the State and
nongovernmental sectors in the States of Maharashtra and Madhya Pradesh. The third study is by
Veena Poonacha and Divya Pande of SNDT Women's University examining responses to domestic
violence in the States of Gujarat and Karnataka with a special focus on case studies of NGOs in the
two states.
The Workshop is a structured as a two day event. On the first day a small group of researchers,
activists and policy makers will discuss the studies in depth to cull the critical recommendations
that emerge from the studies. The second day will be a wider public dissemination of the reports
with emphasis on the recommendations. Two overseas projects, one in Mexico and the other in
Bulgaria, being conducted by ICRW as part of its global programme, will also be presented.
In order to facilitate speedy communication, please fill out the enclosed information sheet with
your most updated phone and fax numbers. Please reply, by fax/mail at the earliest, confirming
your participation to our Conference Organisers at the following address;
Choices Inc.
165 Defence Colony, Flyover Market
New Delhi 110024
Telephone; 011 4610102
Telephone/fax; 011 4629268
Email: choicesinc@hotmail.com
Contact persons: Mr. Rahul singh/Mr. Ranadip Boruah/Ms. Kalpana Singh
Yours sincerely,
Nata Duwury
Project Director - PROWID
ternational
niterfor Research
B omen
Anwadha Rajan, Consultant
1 East of Kailash
v Delhi 110 065
■^ne/Fax : 9141-6283933
/
60
1 Independent & autonomous of
any authority
2 Supported by legislation
3 Should be a recommending
authority
4 Should be independent &
autonomous but supported
by municipal & government
funds.
8 Not applicable (NA)
9 No response (NR)
1
61
Opportunity to have a continous
process of quality assurance
(BENCQA)
__________
Help compare performance with
other hospitals
(BENCOMP)
1
62
1
63
1 Yes
2 No
9 No response (NR)
1 Yes
2 No
9 No response (NR)
1 Yes
~
2 No
9 No response (NR)
Usefill marketing tool
(BENMKT)
1
64
1 Yes
2 No
9 No response (NR)
Regulate (manage) competition
between hospitals
(BENREGCO)
1
65
1 Yes
2 No
9 No response (NR)
Create a level playing field
among various hospitals
(BENFIELD)
1
66
1 Yes
2 No
9 No response (NR)
Due to the hostile attitude of
BMC officials affecting the
implementation of BNHRA act
(BENBMC)
_
Help insurance companies to
collaborate with hospitals
(BENCOLIN)
1
67
1 Yes
2 No
9 No response (NR)
1
68
1 Yes
2 No
9 No response (NR)
The accreditation system should
be
(ACCSYSBE)
Benefits of accreditation system
for hospitals/nursing homes
Help improve standards
(BENIMSTD)
1
1_______
JL Patterns and Trends of Domestic Violence
To develop an understanding of the
patterns and trends of domestic
violence, the project will examine
existing institutional records. While
these records may be limited—e.g.
they are incomplete as to such
things as socioeconomic status,
religion, and age or they are filtered
through the eyes of the person
recording the informati< —it is
critical to examine them if only
because they represent the currently
available information. Also, the
^ery exercise of examining these
records can, in fact, provide a fuller
understanding of the limitations of
existing mechanisms of data collec
tion and identify ways to improve
them. This knowledge is essential
for developing new reporting
;
instruments that would form the
basis for a database on domestic
violence.
Institutional records from police
stations, hospitals, non-governmen
tal organizations, and the courts—
the four major entry points for a
woman seeking redress—will be
xamined in separate studies. For
comparison purposes, each study
will determine the extent to which
specific variables, critical to describ
ing and recording reported cases of
domestic violence, are used. These
include age of woman or man,
duration of marriage/relationship,
family structure, family size, age of
children, sex of children, housing,
education, work status, and relation
ship with perpetrator. Researchers
will assess collection of variables
specific to the incidents of violence,
including frequency, nature of the
attack, reason, type of injury, and
type of weapon.
AKA
INDIA
The studies will also probe how the
flow of information from one
institution to another influences the
responses of each to incidents of
domestic violence. This will allow
researchers to determine how
institutional definitions and admin
istrative structures impede or
contribute to complaints brought by
women. Much of this analysis will
be based on key informant inter
views and focus group discussions
with officials at the institutions as
well as with the complainants.
In addition to the four studies of
institutional records, a fifth study
will examine existing primary survey
data on domestic violence. It is
hoped that this will shed light on
the dimensions of domestic violence
within communities and will
corroborate some of the patterns
that emerge from the studies of
institutional records. A description
of the five studies is provided here.
3
An Analysis of Records of Special
Police Cell in Mumbai
Anjali Dave and Gopika Solanki
Tata Insitute of Social Sciences, Mumbai
The introduction of special police
cells to facilitate women reporting
violence has been an important
response to violence by the Indian
state. One of the initial cells was set
up by the Mumbai Police in coordi
nation with Tata Institute of Social
Sciences in 1983. The cell provides
a wealth of recorded information of
cases brought by women. An
analysis of this data along with the
records of the partner police station
is being undertaken by one of the
research teams. An important
question that the study will address
is how the language of recording the
case influences the investigative
process and the final resolution of
the case.
Focus on India
India has a strong women’s move
ment that has pushed the agenda of
violence against women consistently.
In addition, the government of
India has been open to working
with the womens movement to
reform laws and evolve strategies to
provide support and treatment
services. Throughout the 1980s,
Indian society witnessed numerous
struggles by womens organizations
on issues of dowry deaths, custodial
rape, abductions of women, sati (the
burning of a widow on the
husband’s funeral pyre), female
infanticide, sexual harassment of
young girls and women in public
places (euphemistically referred to as
“Eve teasing”), trafficking, and
prostitution. It is important to note
that there has been legal reform by
the government in response to each
of these issues of violence against
women during the past decade
(Agnes 1996).
While international attention has
been focused on dowry deaths,
perhaps the most dramatic manifes
tation of violence against women, it
is only one part of the problem.
Not all violence within the house
hold can be reduced to dowry
demand; domestic violence or wife
battering is far more systematic and
pervasive than previously acknowl
edged. The few studies available
indicate that physical abuse of
Indian women is quite high, ranging
from 22 percent to 60 percent of
women surveyed (Rao 1996 and
Mahajan 1990). A survey in Uttar
Pradesh, a state in northern India,
found that nearly one in three men
reported that they had physically
abused their wives (Evaluation
Project/PERFORM 1997). All this
points to the need for a deeper
understanding of the patterns and
trends of domestic violence.
However, research on domestic
violence is highly sensitive and there
is strong cultural resistance in most
societies to publicly acknowledging
the extent of the problem. It is
difficult to motivate governments to
address the question of violence
against women in general, and
domestic violence in particular,
though international human rights
conventions are increasingly provid
ing governments with guidelines for
analysis of and responses to inci
dents of violence. Non-governmen
tal organizations (NGOs) working
in India have, therefore, expressed
the need for reliable data on domes
tic violence with which they can
develop targeted intervention and
education strategies.
Equally important is the need to
understand the effectiveness of
various preventive and supportive
strategies, which have already been
put in place. These include services
provided by public and non
governmental sectors, establishment
of shelter homes, counseling
services, and legal aid centers.
Further, several Indian states have
established special womens police
cells'to aid women in reporting
violence. An evaluation of these
interventions is critical as more and
more countries initiate systematic
efforts to address domestic violence.
India, therefore, offers a unique
setting wherein a study of preva
lence, patterns and trends of
domestic violence, and an evalua
tion of responses to violence against
women can be undenaken in an
integrated fashion.
Project Description
The PROWID-supported project
being implemented in India is a
three-year research activity con
ducted in partnership with in
country researchers from a range of
academic and activist organizations.
A National Advisory Council,
representing the different constitu
encies that address the issue,
provides guidance for the project
(see list of NAC members in box on
page 7). The goal of the project is
to provide reliable and sound
information with which to identify,
replicate, expand, and advocate for
effective responses to domestic
violence. The project will have
three components: first, assessing
the patterns and trends by identify
ing and analyzing existing data sets
on domestic violence; second,
conducting population-based
surveys to estimate prevalence and
to deepen rhe understanding of
determinants and outcomes of
domestic violence; and third,
2
distilling lessons learned through an
analysis of on-going programmatic
and policy interventions. The
project will produce a report
synthesizing the information
gathered and identifying the
characteristics of successful preven
tion and support strategies and
policy measures. For the purposes of
this project, domestic violence is
defined as physical violence against
a woman within her home.
2_______:_
A Population-Based Survey of Domestic Violence
While studies of the institutional
records may give some insights into
patterns and trends of domestic
violence, they are limited by the fact
that only a small proportion of
those who experience violence, in
fact, access these institutions. Thus,
an important gap felt by both
activists and policymakers is the
virtu., -bsence of large-scale,
rigorous empirical data on domestic
violence to establish prevalence,
identify risk and protective factors,
and determine the health and
conomic outcomes. However,
there are critical difficulties in a
population-based survey, not the
least of which is respondents’
comfort in responding to queries on
private acts and matters. Equally
problematic is the ethical dilemma
of maintaining confidentiality and
the degree of intervention by the
researcher that is acceptable in
individual interviews.
A large, multi-site, population-based
survey of domestic violence is being
undertaken by PROWID in col•aboration with the International
Jlinical Epidemiologists Network
(INCLEN). The study will focus
on violence against women and
children, and will be conducted by
local researchers. The study will be
undertaken in seven sites represent
ing different geographical/cultural
regions of India: Lucknow, Delhi,
and Bhopal (in the north); Chennai,
Vellore, and Thiruvanathapuram (in
the south); and Nagpur (in the
'elhi
Luck now
• Bl
il
Nagpur*
'ell<
hennai
INDIA
Thiruvanathapurai
west). The objectives of the study
are to determine the magnitude of
family violence against women and
children in India; to explore factors
related to family violence against
women and children with a focus on
individual, family, community and
societal factors, as well as the health
and economic outcomes related to
family violence; and to identify
modifiable risk and protective
factors that are associated with
family violence. Further, as the
survey protocol is similar to that
used by INCLEN in other coun
tries, it will enable cross-country
comparisons of contributing factors
in addition to intra-country com
parisons. Observed similarities and
differences in prevalence rates,
examined in terms of societal beliefs,
community norms, family stresses
and resources, and individual
characteristics will provide valuable
information for the design of future
prevention efforts.
The study will utilize a combination
of focus groups and cross-sectional
interviews to gather both qualitative
and quantitative information. Given
the sensitivity of the issue and the
delicate ethical problems that may
arise in the course of the survey,
intensive training of the interviewers
is a significant element of the project.
Issues of confidentiality, provision of
support, and extent of intervention in
individual cases by the researcher will
be addressed in the training.
Principal Investigators of INCLEN sites
Lucknow: Dr. M.K. Mitra and Dr. R.C. Abuja, King George’s Medical College
Chennai: Dr. Saradha Suresh and Ms. Shuba Kumar, Chennai Medical College
Bhopal: Dr. S. S. Bhambol, Gandhi Medical College
Vellore: Dr. L. Jeyaseelan, Christian Medical College
Delhi: Dr. R. M. Pandey and Dr. M. Lakshman, All India Institute of Medical Sciences
Thiruvanathapuram: Dr. M.K.C. Nair and Dr. Rajmohan Pillai,
Government Medical College
Nagpur: Dr. Dipty Jain, Goverment Medical College
5
An Analysis of Hospital Records in Thane District, Maharashtra
Surinderjaswal
An Analysis of Primary Survey
Data from Kutch District, Gujarat
Unit of Medical and Social Psychiatry, Tata Institute of Social Sciences, Mumbai
Leela Visaria
For women who are either unable or
unwilling to access any other
institution to redress a situation of
violence, hospitals represent an
important entry point as access may
be less restricted. Hospital records of
the^major municipal hospital, the
referral state hospital, as well as the
Gujarat Institute of Development Studies, Ahmedabad
community health outposts in both
rural and urban areas will be
examined in Thane, a city just
outside of Mumbai. Within the
municipal hospital, the study
examines the records of the different
departments, such as orthopedics,
skin, ophthalmology, and surgery, in
addition to the emergency/casualty
department. Another element of the
study will be to reconstruct the
specific incident of violence through
in-depth interviews. Construction
of the definition of violence by both
the community and the providers of
care also will be studied.
An Analysis of Court Records in Bangalore District
V Elizabeth
National Law School University of India, Bangalore
Courts represent yet another avenue
for resolution in the legal process.
Court records also illustrate how
domestic violence is employed as a
method of control in a range of
disputes including those revolving
around ownership of property. A
research team in Karnataka is
examining the records of a family
court in Bangalore, three district
level courts (also known as sessions
court), and the High Court. Se
lected samples of cases from each of
these courts will be examined in
detail to understand the judicial
interpretation of existing laws that
impact on domestic violence and to
identify the gaps in investigative
procedures that result in non
conviction.
A separate study will analyze
population-based survey data which
is already in existence from five
villages in the Kutch district of
Gujurat. The survey, conducted in
1994, was broadly aimed to explore
the status of women in the context
of the establishment of milk coop
eratives in the area. Interestingly, in
the initial round of the survey, the
researchers were questioned by the
women respondents as to why they
were not discussing the issue of
violence. At this prompting by the
women, a module on violence was
introduced. In addition to the
survey of 400 women, 38 in-depth
interviews with women who had
reported domestic violence were
conducted. The PROWID-sup-'
ported analysis of this data set will
estimate the prevalence and describe
the patterns of violence in a rural
setting.
An Analysis of Records of NGOs in Bangalore
Sandhya Rao
Hengasara Hakkina Sangha, Bangalore
Non-governmental organizations are
a final critical entry point for
women who are unable to access
police, hospital or legal services on
their own. NGO services include,
among other things, crisis counsel-
ing, legal assistance, temporary
shelter, economic opportunities or a
combination of these services. A
study of NGOs’ records will be
undertaken in Bangalore. Included
in the sample will be a feminist
4
organization which has been
working in the area of violence
against women for the past 20 years
and a shelter which has been in
existence since the 1920s.
3—--------
Analysis of Programmatic Responses
The design of strategies for a
programmatic response depends not
only upon detailed information on
the extent and nature of the prob
lem of domestic violence but also on
an understanding of the responses
that have already been implemented.
Indiadias a rich experience of
implementing a variety of program
matic responses to violence. These
range from the provision of support
and care services (including shelter
homes, counseling agencies, and
legal aid centers) to awareness
raising and advocacy efforts such as
demonstrations, campaigns, and
social boycott of perpetrators.
Public sector programs introduced
to empower women, such as the
literacy program and the women’s
development program, widely
known as the Mahila Samakhya
Program, have been important
vehicles for these efforts. Policy and
administrative actions, including
amendments to the Indian Penal
Code, gender sensitization programs
for police and judiciary, and estab.ishment of womens police cells and
vigilant womens committees known
as Dakshita Samitis, have contrib
uted to creating a positive climate
for change. Less well known is the
effectiveness of these responses in
reducing the causes and conse
quences of domestic violence. There
is a need to distill lessons so as to
sustain advocacy efforts and maxi
mize the impact on prevention of
violence.
2 " : ■
ihmedabad^
Anand
►Thane
• Mumbai
INDIA
iani
.' J
Another set of PROWID-supported
studies will review the variety of
responses to domestic violence and
evolve a classification system of
interventions, either for redress or
prevention. Indicators will be
developed to assess the characteris
tics of the effective responses to
violence. The studies will generate a
methodology for systematizing
response level information and
distilling characteristics of successful
interventions which could then be
replicated in other states.
The study sites have been selected to
take into account the different
streams of the womens movement
as well as the variation in the status
of women across regions and
communities. Maharashtra has long
6
been in the forefront of the womens
movement in India and has also
been the site of many new feminist
non-governmental organizations.
Gujarat, an adjoining state to the
north and west of Maharashtra, has
a long tradition of social service in
tune with Gandhis philosophy as it
emerged in the national movement.
Madhya Pradesh, to the east, is
considered to be among the least
developed of the states on the basis
of a range of social and economic
indicators, and has a higher concen
tration of tribal populations com
pared to other Indian states. Finally,
Karnataka, to the south, is represen
tative of the southern states in
which womens status is higher
relative to most other Indian states.
I
4
Two studies covering these states are:
Responses to Domestic Violence in
Responses to Domestic Violence in States of Maharashtra
States of Gujurat and Karnataka
and Madhya Pradesh
Divya Pande and Veena Poonanchana
Nishi Mitra
SNDT Women’s University, Mumbai
Tata Institute of Social Sciences, Mumbai
The study in the states of Gujarat
and Karnataka is being undertaken
by the Research Centre for Women’s
Studies, SNDT Women’s University,
Mumbai. The Centre has had a
long association with a range of
non-governmental organizations in
both these states and has wellestablished networks in place which
can be tapped for the study.
The study in Maharashtra and
Madhya Pradesh is being under
taken by Unit for Womens Studies,
Tata Institute of Social Sciences,
Mumbai.
e Institute is a premier
social work institution in the state
of Maharashtra and, therefore, has
nenvorks with both non-govern-
National Advisory Council
Establishing Ownership to Stimulate Change
When working on an issue as
sensitive as domestic violence,
researchers must establish a sense of
ownership of the study by the
community. To do this the research
teams will strive to encourage
participation from the widest
possible range of groups working on
violence against women in India.
All studies will include periodic
workshops involving participants
from governmental and non
governmental sectors to solicit
comments and advice on selected
problems or challenges that may
arise in the course of the project.
Further, the project has formed a
National Advisory Council (NAC)
of ten members representing the
different stakeholders in the issue:
womens non-governmental organi
zations, lawyers, police, judiciary,
medical, government, academics,
and business. The NAC will not
only take the lead in guiding the
project, but will formulate a dis
semination and policy communica
tion strategy-’ to act on the research
mental organizations and the
Government. With respect to
Madhya Pradesh, the Institute has
been actively working in coordina
tion with the state government to
implement a range of police training
programs.
findings. As a result, it is likely that
the relevant constituencies may
continue to take actions well beyond
dissemination of a specific final
report.
Project Outputs
A final report entitled “Domestic
Violence in India: Trends, Re
sponses, and Reforms” will be
issued. It will be a compilation of
the individual research studies on
the patterns and trends of domestic
violence, the studies on documenta
tion and analysis of responses to
domestic violence, and the multi
site primary study. Other reports,
including reports-in-brief, informa
tion bulletins, and synthesis reports
will be produced.
National, regional, and sectoral
dissemination conferences will be
held as the studies in each compo
nent of the project are completed to
formally present the findings of the
individual research studies.
7 _
S. C. Behar
Director
Academy of Administration, Bhopal
Neera Desai
Member
UGC Consultative Committee on Women’s
Studies, Mumbai
Sona Khan
Advocate
New Delhi
Ranjana Kumari
Director
Centre for Social Research, New Delhi
Ved Marwah
Centre for Policy Research, New Delhi
Padma Seth
National Commission for Women, New Delhi
Veena Shatruguna
Assistant Director
National Institute of Nutrition, Hyderabad
S. K. Somaiya
Chairman
Somaiya Group of Companies, Mumbai
Celine Suguna
Vimochana, Bangalore
References
Agnes, Flavia. 1996.
“The Domestic Applications of Interna
tional Human Rights Norms Relevant to
Women’s Human Rights: Strategies for
Law Reform in the Indian Context.” In
Andre Byrnes .Jane Connors, and Lum
Bik, eds., Advancing the Human Rights
of Women: Using International Human
Rights.Standards in Domestic
LitigationAAon” Kong: Commonwealth
Secretariat, 1997
Evaluation Project/PERFORM, Carolina
Population Center. 1997.
Uttar Pradesh Male Reproductive Health
Survey, 1995-96. Chapel Hill: University
of North Carolina.
Heise, Lori L, Jacqueline Pitanguy, and
Adrienne Germain. 1994.
Violence Against Women: The Hidden
Health Burden. World Bank Discussion
Papers, no. 255. Washington, D.C.:
World Bank.
Mahajan, A. 1990.
“Instigators of Wife Battering.” In
Sooshma Sood, ed., Violence against
Women. Jaipur: Arihant Publishers.
Rand, Michad R. 1997.
Violence-Related Injuries Treated in
Hospital Emergency Departments.
Washington, DC: Department of Justice.
Rao, Yijayendra. 1996.
“Wife-Beating in Rural South India: A
Qualitative and Econometric Analysis.”
Social Science Medicine £l0(0): 1-12.
United States Bureau of justice Statistics.
1998.
Violence by Intimates. Washington, DC:
Department of Justice.
World Health Organization. 1997.
Violence against Women. Geneva:
Health Organization.
Id
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»
Visit PROWID on the Internet at http:ZAYWw.icrw.org
Readers can now visit the ICRW home page on the World Wide Web at http://www.icrw.org. One page on the site is dedcated to
- PROWID, and will be periodically updated with information about program activities and news from the field. We welcome hearing from
other programs, institutions or individuals working on related issues and are actively seeking relevant web links to connect with the ICRW
home page. Let us hear from you!
For additional information contact:
*1iriam Escobar
Administrative Assistant
Julia Masterson
Project Coordznator
International Center for Research
on Women
1717 Massachusetts Avenue, NW
Suite 302
Washington, DC 20036, U.S.A.
The Centre for Development and
Population Activities
1400 16th Sl, NW
Washington, DC 20036, U.S.A.
Tel:
(202) 797-0007
Fax:
(202) 797-0020
e-mail: miriam@icrw.org
Tel:
(202)667-1142
Fax:
(202) 332-4496
e-mail: julia@cedpa.org
i
No.4—September 1998
This publication was made possible through support provided by tie Office of Women in Development. Global Bureau, the United States Agency for
International Development (USAID) under the terms of Cooperathe Agreement No. FAO-A-00-95-00030-00. The opinions expressed herein do not
necessarily reflect the views of USAID.
Q
NEED, VIEWS & WILLINGNESS FOR AN ACCREDITATION SYSTEM IN THE CITY OF
MUMBAI AN ASSESMENT
Semi - Structured Interview Schedule for Hospitals / Nursing Homes
Date of Interview :
Prior visits with dates :
Interviewer
1) Name of the Hospital / Nursing home :
2) Name of the office bearer :
3) Designation :
4) Address:
Phone number :
Fax number:
5) Year of establishment:
4) Number of Beds :
6) Whether member of hospital owners association ?
Ifyes, kindly provide the name of the association
7) Type of ownership
Individual proprietorship
Trusts
Corporate
Partnership
Cooperative
Any other (kindly specify):
8) If individual proprietorship / partnership
a) Medical qualification of main owner :
b) Admission of patients
Self patients
Open to other doctors attached to the hospital / nursing home.
Open to doctors not attached to the hospital / nursing home.
9) If Trust/ Cooperative / Corporate
a) Collaborating with any company for providing services
Yes
No
b) Tied up with any health scheme
Yes
No
c) Having its own health scheme
Yes
No
Ifyes, to any of the above (kindly give details )
4
INFORMATION SHEET
Name:.
Organisation:.
Designation:.
Address:
Phone:.
Fax:.
E-mail:.
’lease fill out (he above information and send it to
Choices Inc
I-1 A. Maharam Bagh
New Delhi 110065^
Phone: 4h 10102
Fax:4629268
E-mail: choicesincfr/'hGtmail.cc m
i
It would give a basic idea of the
hospital, its gradation & quality
(BENIDEA)
1
69
1 Yes
2 No
9 No response (NR)
It would provide protection in
cases relating to the Consumer
Protection Act (CPA)
(BENCPA)
____________
It would lead to accountability
(BENACCT)
1
70
1 Yes
2 No
9 No response (NR)
1
71
Adherence to existing regulations
(BENREGUL)
1
72
Existing regulations should
continue but be more stringent
(BENREGST)____________
There should be no regulation
(BENNOREG)
1
73
1
74
There should be a system of
incentives
(BENINCEN)___________
Other monitoring systems
(BENMONSY)
1
75
1
76
1 Yes
2 No
9 No response (NR)
1 Yes
2 No
9 No response (NR)
1 Yes
2 No
9 No response (NR)
1 Yes
2 No
9 No response (NR)
1 Yes
2 No
9 No response (NR)
1 Yes
2 No
9 No response (NR)
C/U V V ' \ t •
* 4
The Karnataka Domestic Violence Against
Women (Prevention) Bill, 2003
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An Act to address the growing menace of domestic violence and in
particular to empower courts to grant orders for the protection of
victims of domestic violence.
PREAMBLE
WHEREAS the Republic of India is party to several international instruments such as the Convention on
the Elimination of Discrimination Against Women (CEDAW);
AND WHEREAS the United Nations adopted a Declaration on the Elimination of All Forms of
Violence against Women in 1993;
AND WHEREAS the constitutional guarantee under Article 14 of the Constitution of India guarantees
to women equality before the law and equal protection of the laws, and Article 21 secures for women the
right to life and personal liberty;
AND WHEREAS domestic violence has operated as a severe form of oppression of women and which
has been increasing with alarming proportions thereby affecting the fundamental rights of women;
AND WHEREAS Article 15(3) of the Constitution of India permits special provisions to be made in the
interests of women and children;
AND WHEREAS it is necessary to recognise the right of women to protection against violence and to
reside in their shared household and towards that end to put into place a co-ordinated and integrated
system of responses;
BE IT THEREFORE ENACTED by the State legislative Assembly in the
asfollows: -
year of the Republic of India,
Chapter I
PRELIMINARY
1) Short title and extent:
a) This Act may be called the Prevention of Domestic Violence Against Women (Prevention)
Act, 2001.
b) It extends to the whole of India except the State of Jammu and Kashmir.
2) Definitions- In this Act, unless the context indicates otherwisea) “accredited service providers” means governmental, non-governmental, voluntary and
charitable associations or institutions working for the welfare of woman that are registered under
Societies Registration Act or any other law and providing medical, shelter homes, counselling,
legal and financial or other assistance to victims of domestic violence who have entered their
names in a register maintained by the State Government under the provisions of this Act;
b)
"court" means any court established under the provisions of the Family Courts Act 1984 or
where no such court exists, the principal civil court of original jurisdiction or any court or lok
adalat or any other authority which the State Government may, by notification in the Official
Gazette, specify as a court competent to deal with all or any of the matters specified hereunder
and includes any court in which a petition may be made under section 14 of the Act;
c) ({chilcF includes any adopted, step or foster child or any other minor i.e. below
the age of 18 years, in a domestic relationship or in a shared household.
d) "domesticrelationship"means a relationship between two persons who live or have, at any
/point .of time, lived together in the shared household, in any of the following ways:
A
V
are or were married to each other, including marriage according to any law,
A z
\ custom, religion or usage whether such marriage is legally valid or not;
ii)' they cohabit or have at some stage cohabited together;
^iii)
they are related by consanguinity, marriage, or through a relationship in the nature of
marriage, adoption or are family members living together as a joint family.
"domestic violence"means any act, omission or conduct which is of such a nature as to harm
or injure or has the potential of harming or injuring the health, safety or well-being of the
person aggrieved or any child in the domestic relationship and includes physical abuse, sexual
abuse, verbal and mental abuse and economic abuse.
Explanation i) “physical abuse” includes any act or conduct which is of such a nature as to cause bodily
pain, harm or danger to life, limb, or health or impair the health or development of the
person aggrieved, and includes assault, criminal intimidation and criminal force.
H) ’’Sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades
or otherwise violates the dignity of the person aggrieved and includes sexual intercourse
against the will or without the consent of the person aggrieved and refusal to co operate
in contraception when the person aggrieved may reasonably require.
Provided that where the person aggrieved is below the age of sixteen, any sexual
intercourse, whether or not against her will or without her consent shall amount to
sexual abuse;
iii) “sexual abuse” of a child includes any act or conduct of a sexual nature that abuses,
harms or violates a child in a domestic relationship.
iv) “verbal and mental abuse” includes
a) insults, ridicule, humiliation, degrading or name calling, including insults, ridicule
or name calling specially with regard to not having a child or a male child, or ;
b) repeated threats to cause physical pain to any person in whom the person
aggrieved is interested.
"economic
abuse” includes v)
a) deprivation of any or all economic or financial resources to which the person
aggrieved is entitled under law or custom whether payable under an order of
court or otherwise or which the person aggrieved requires out of necessity,
including but not limited to household necessities for the person aggrieved and
her children, if any, stridhan, property, jointly or separately owned by the
person aggrieved, payment of rental related to the shared household and
maintenance;
b) disposal of household effects, any alienation of assets whether moveable or
immovable, valuables, shares, securities, bonds etc or other property in which
the person aggrieved has an interest or is entitled to use by virtue of the
domestic relationship or which may be reasonably required by the person
aggrieved or her children or her stridhan or any other property jointly or
separately held by the person aggrieved; or
c) prohibiting or restricting continued access to resources or facilities which the person
aggrieved is entitled to use or enjoy by virtue of the domestic relationship including
access to the shared household;
d) prohibiting the person aggrieved from seeking employment or participating in public
activities.
f)
“monetary reliefr means monetary relief which a court shall order under Section 6 of this Act.
g) “person aggrieved' means any woman or child who is or has been in a domestic relationship
with the respondent and who is or has been subjected to acts of domestic violence ;
h)
^petitioner" means any person who makes a petition under Section 8 of this Act;
i)
"prescribed"means prescribed by or under this Act or rules made hereunder;
j)
“protection officef means an officer appointed under section 24 by the State Government in
relation to or for the purposes of this Act;
k)
^protection order" means an order granted in terms of Section 5;
1)
“residence order" means an order granted in terms of Section 7;
m) “respondent" means any person who is or has been in a domestic relationship with the person
aggrieved or a person who is aiding such a person in committing or threatening to commit
domestic violence;
n) “shared household' means a household where the person aggrieved lives or at any stage has
lived in a domestic relationship either singly or along with the respondent and includes property
owned jointly or by either the person aggrieved or the respondent or property, including
tenements, in respect of which either the person aggrieved or the respondent or both jointly
have any right, title, interest or equity and includes property which may belong to the relations of
the person aggrieved or the respondent or the joint family of which the respondent is a member
irrespective of whether the respondent or the person aggrieved has any right, title or interest in
the shared household;
Chapter II
Rights of an aggrieved person
3. Right to reside in a shared household and the right to protection against violence
a) Notwithstanding any other law in force, every woman in a domestic relationship shall have the
right to reside in the shared household.
b) If in occupation of the shared household, a woman in a domestic relationship shall have a right
not to be evicted or excluded from the same or any part of it by the respondent save in
accordance with the procedure established by law.
c) If forcibly evicted or denied access to the shared household, a woman in a domestic relationship
shall have a right to enter into and occupy the same.
d) Notwithstanding any other law in force, every woman in a domestic relationship h;as a right to
obtain protection against domestic violence under this Act in the form of a protection order
and/or a residence order and/or an order granting monetary relief.
4. Duty to inform person aggrieved of rights- A police officer or a protection officer who has
received a complaint of domestic violence or is otherwise present at die scene of an incident of
domestic violence or when the incident of domestic violence is reported to him, shalla) inform the person aggrieved of her right to apply for and obtain a protection order, an
order for monetary relief and/or a residence order under the provisions of this Act;
b) inform the person aggrieved of the services of accredited service providers and
c) inform the person aggrieved of her right to free legal services under the Legal
Services Authorities Act, 1987.
Provided that nothing in this Act shall be construed in any manner as to relieve a police officer
from his duty to proceed in accordance with law upon receipt of information as to the
commission of a cognisable offence.
Chapter III
Orders
5. Protection order—
a) The court may pass a protection order prohibiting the respondent fr<:om:
committing any act of domestic violence;
i)
H)
aiding and abetting in the commission of acts of domestic violence;
m)
entering the place of employment of the person aggrieved or, if person
aggrieved is a child, its school; or any other place frequented by the person
aggrieved;
iv)
entering the residence of the person aggrieved;
v)
attempting to communicate in any form whatsoever with the person aggrieved,
including personal, oral or written, electronic or telephonic contact;
vi)
committing any other act as specified in the protection order;
vii'
ii) alienating any assets, operating bank lockers or bank accounts used or held or
enjoyed by both parties, either singly or joindy; including her stridhan or any
other property held either joindy or separately by the person aggrieved;
viii) causing violence to the dependants, other relatives and persons who give the
person aggrieved assistance from domestic violence.
b) The court may impose any additional conditions which it deems reasonably necessary to protect
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and
provide for. the
safety of the person aggrieved or any child.
c) While passing an order under Section 5(a) or (b), the Court may also pass an order directing the
police to give protection to the person aggrieved or to assist her or the petitioner in the
implementation of the order.
d) The court may direct the respondent to return to the possession of the person aggrieved her
stridhan or any other property or valuable security to which she is entided to either singly or
joindy.
e) The court may direct the Protection Officer or any other authority to remove the person
aggrieved to a place of safety such as any short stay home run by any accredited service provider.
f) The court shall, in all cases where it has passed a protection order under this section, order that a
copy of such order be given to the protection officer in charge of the area, jurisdiction police
station and to any accredited service provider located within the local limits of the jurisdiction of
the Court.
6. Monetary Reliefa) The court shall direct the respondent to pay monetary relief to meet the expenses incurred
and losses suffered by the person aggrieved and any child as a result of the domestic violence and
includes but is not limited toloss of earnings;
i)
medical expenses;
ii)
ui)
loss caused due to the destruction, damage or removal of any property from
the control of the person aggrieved;
iv)
maintenance for the person aggrieved as well as her children, if any;
?
compensation for the domestic violence inflicted upon the person aggrieved;
v)
vi)
litigation and travelling expenses
b) Copies of an order for monetary relief shall be forwarded by the Court to the concerned
protection officer and to the Station House Officer of the police station within whose
jurisdiction the respondent resides.
c) The respondent shall be required to pay monetary relief to the person aggrieved immediately
upon passing of such order, or within the date specified in the order made in terms of sub
section (a) and in accordance with the terms therein.
d) The protection officer may, upon the failure on the part of the respondent to make payment in
terms of sub-clause (c), by an order, direct an employer or a debtor of the respondent, to
directly pay to the person aggrieved or to deposit with the court a portion of the wages or
salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted
towards the monetary relief payable by the respondent.
7. Residence ordera) The court may pass a residence order to:
i) restrain the respondent from alienating or dispossessing the shared
household or encumbering the same;
n) restrain the respondent from renouncing his rights in the shared household
except in favour of the person aggrieved;
iii) permit the person aggrieved to enter and remain in the shared household or
part thereof;
iv) prohibit, suspend or restrict the exercise by the respondent of his right to
occupy the shared household;
v) restrain the respondent from dispossessing the person aggrieved from the
shared household, and
vi) direct the respondent to secure alternate accommodation for the person
aggrieved or to pay rent for the same, which is in accordance with the
standard of living and status of the respondent, if for sufficient reasons, the
court is of the opinion that it will be harmful or injurious for the person
aggrieved to live with the respondent in the shared household, having regard
to the circumstances of the case.
(b)
While making an order under this section, the court may impose on the respondent
obligations relating to the discharge of rent or other payments, having regard to the standard
of living and status and resources of the parties.
8. Custody Order — Notwithstanding any other law in force, the court may, at any stage of the
hearing of the petition for protection order, grant temporary custody of any child or children to
the person aggrieved or the petitioner and specify, if necessary, arrangements for visitation by
the respondent.
Provided that in any case where a complaint of sexual abuse of a child has been made, and the
court is prima facie satisfied that such allegation is true, the court shall grant custody to the
person aggrieved or the petitioner and no such order for arrangements for visitation by the
respondent shall be made.
9. Compensation Orders —
In addition to other reliefs under this Act, the court may on an application by the person
a)
aggrieved, pass an order directing the respondent to pay compensation and damages for
the injuries caused by the acts of domestic violence committed by the said respondent.
a. The person aggrieved may make an application for compensation and damages under
this section without any prejudice to the right of such person to institute a suit for
compensation or damages for the injuries caused by the acts of domestic violence
committed by the respondent.
Provided that where a decree for any amount as compensation or damages has been
passed by any court in favour of the person aggrieved, the amount, if any, paid or
payable in pursuance of the order made by the court under this Act shall be set off
against the amount payable under such decree and the decree shall, notwithstanding
anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other
law for the time being in force, be executable for the balance, if any, left after such
set off.
Chapter IV
Practice and Procedure
10. Petition - Any person aggrieved may apply to the court for appropriate relief against
domestic violence in a form prescribed which form may be obtained free of cost from
any court, police station or protection officer.
11. Particulars of the petition—Ordinarily, the petition, accompanied by an affidavit must contain
the following particulars
1.
particulars of the person aggrieved and the respondent
2.
the facts on which the petition is based;
3.
the nature of relief sought whether a protection order , residence
order and/or an order for monetary relief and
4.
the name of the police station at which the person aggrieved is likely
to report any breach of the orders.
12. Petition by next friend or a protection officerNotwithstanding the provisions of any other law, the petition may be brought on behalf of the
person aggrieved by any other person, provided that the petition must be brought with the
written consent of the person aggrieved.
Provided further that such written consent would not be necessary in circumstances where the
petitioner is an accredited service provider or a protection officer and where the person
aggrieved isa) a minor;
b) suffering from a mental disorder of such nature and to such an extent that the she
cannot reasonably be expected to apply by herself;
unconscious or otherwise physically incapable due to the acts of domestic violence;
Provided further that an accredited service provider or a protection officer shall be
entitled to appear before the Court and address the same if such accredited service
provider is a petitioner or where the petitioner authorises the accredited service provider.
13. Orders during court recess —
A petition under Section 8 of this Act may be brought before the court at anytime. Provided
that when a petition is made at any time outside ordinary court hours or on a day that is not
an ordinary court day or when the court is not in session, the Duty Magistrate shall pass the
necessary protection orders as provided in Sec.5, 6 and 7 of this Act and the same may be
confirmed by the court upon resumption of work within 72 hours.
14. Relief in other suits and legal proceedings:
a) Relief available under this Act, may also be sought in any legal proceeding, civil or
criminal, affecting the person aggrieved and the respondent whether such proceeding
was initiated before or after the commencement of this Act.
b) Such order may be sought in addition to and along with any other relief that the person
aggrieved may pray for in such suit or legal proceeding, civil or criminal.
c) During the pendency of investigations in relation to commission of offences mentioned in
Schedule 1, a competent court may upon a petition in that behalf by the person aggrieved,
grant the orders mentioned in Sec.5, 6 and 7of this Act, as a condition of release on bail of
the respondent.
15. Power to grant interim and exparte orders
(a) In any proceeding before it under this Act, the Court may pass such interim order as it
deems just and proper.
(b) If a court is satisfied that a petition primafacie discloses that the respondent is committing, or
has committed an act of domestic violence or that there is a likelihood that the respondent
may commit an act of domestic violence, it may grant an exparte order under sections 5,6,7,8
and or 9 against the respondent, in a form as may be prescribed under the rules.
15A.
(a) Where any person is arraigned as a respondent in a petition seeking for any reliefunder
this Act, the burden of proof that he has not committed the said Act shall be on him.
(b) Where the respondent is accused of sexual abuse, it is not a defence that the petitioner
consented to the said Act.
(c) The following evidence is not admissible in any proceedings under the Act involving
sexual abuse :
(i) Evidence offered to prove petitioner’s sexual predisposition;
(ii) Evidence offered to prove the character and past sexual history of the
petitioner.
16. Single acts or condonationThe court shall not refuse to grant a protection order merely on the basis that:
a) only a single act of domestic violence has been committed or a single threat has been made
by the respondent or on the ground that the acts or threats if viewed in isolation, appear to
be minor or trivial.
1
b) the person aggrieved had not complained of the acts of domestic violence and had
condoned the same.
Provided that the complaint is brought within 7 years from the date of the commission of
the act(s) of domestic violence complained of.
17. Notice to show cause
The Court shall issue notice to the Respondent to show cause within 30 days why an order
under sections 5, 6, 7, 8 and/or 9 should not be granted or if granted under Section 15 why the
same should not be confirmed.
18. Confirmation, variation or revocation of order(a)
An order under sections 5, 6, 7, 8 and 9 shall operate for a period of three years and
may, on application by the person aggrieved, be extended for a further period.
(b)
An order made under this section may, for exceptional circumstances to be recorded
in writing, be altered, modified, varied or revoked on an application by either the
person aggrieved or the respondent provided the court is satisfied that there is a
change of circumstances that requires such alteration, modification, variation or
revocation.
19. Appeal a) Notwithstanding anything contained in the Code of Civil Procedure, 1908 or in the Code of
Criminal Procedure, 1973 or in any other law , an appeal shall lie from every judgement or
order of the court, to the High Court.
b) Any appeal by the respondent against the order of monetary relief shall not be registered
unless he has deposited 50% of the amount awarded.
Chapter V
Protection Officers
20. Appointment and qualifications of Protection officers- The State Government shall by
notification in the official gazette, appoint such number of Protection Officers in each district as
it may consider necessary, to assist the court in the discharge of it’s duties under this Act.
Provided that such appointment shall be by recruitment by the State Public Services
Commission or such other body which conducts, selections, examinations and
recommends recruitments of state public servants.
Provided further that such appointment shall be in accordance with the qualifications for
fzthe post of protection officers as may be prescribed by the State Government.
Provided further that no Protection Officer shall have a rank lower than that of a SubDivisional Magistrate.
21. Duties and Functions of Protection Officers:a) It shall be the duty of a Protection Officer to assist the Court in the investigation
of complaints relating to domestic violence.
b) The Protection Officer shall be under the control of the Court, and shall perform
duties imposed on him by the Court and by this Act.
(c) In addition to the above the Protection Officer shall perform the following
functions:
i) Make a Domestic Incident Report in the prescribed form upon receipt of
a complaint of domestic violence.
ii) Inform the person aggrieved of her right to apply to the court for a
protection order, monetary relief and/or a residence order under the
provisions of this Act.
iii) Assist the person aggrieved in obtaining a protection order from the
Court.
iv) Ensure that the monetary relief deposited by the respondent is made
available to the person aggrieved at the earliest.
v) Co-ordinate the activities of the accredited service providers operating in his
area.
(d) The protection officer shall make best efforts to ensure that the activities of the police
and the accredited service providers are so co-ordinated as to ensure that a person
aggrieved:
has easy access to information about accredited service providers, including short
i)
stay homes in the area that may provide her with support and help that she may
require and enable access to services of the accredited service providers;
ii)
is easily able to access transportation to an alternative residence or a safe place of
shelter if the person aggrieved so requires;
iii)
is able to avail of transportation to the nearest hospital or medical assistance for
the treatment of injuries if such assistance is required,
iv)
is able to obtain assistance in the collection of her belongings, including stridhan
or any other property ordered to be returned or restored to her by the order of
the court, with the assistance of the police.
V)
is able to access the Court for orders under this Act.
VI)
has access to every possible assistance in the service of exparte orders to the
respondent, and enforcement of any orders that may have been made by the
court under this Act.
(e) Notwithstanding anything in any law, the protection officer may, subject to confirmation by a
Court within 48 hours, by an order:
i) Direct a bank or a financial institution to suspend transactions in respect of any bank
account or locker; or
ii) Prohibit a co-operative society or a registry or any authority or an individual or a
company from registering a transfer of any share, right or interest in any movable or
immovable property.
Chapter V
Offences and Penalties
22. Breach of a order — A breach of an order made under Sections 5, 6, 7, 8,9 and/or 15 shall be an
offence and shall be punishable with imprisonment which may extend upto three years or with
fine which may extend upto Rupees twenty thousand or with both.
23. Conditional warrant of arrest- While granting any order under sections 5, 6 7, 8 or 9 of this
Act after hearing both the parties, the Court, if satisfied, that the respondent has committed
act(s) of domestic violence, may attach to the order, a power of arrest without warrants for any
breach of the same.
24. Execution of the warrant — Upon a complaint by the person aggrieved or otherwise, if the
appropriate police officer of the concerned police station is satisfied that a condition exists for
execution of the warrant of arrest, he shall execute the warrant and arrest the respondent.
25. Cognisance and proof -
a
The offence under Section 24 shall be a cognizable and non-bailable.
b
The court may conclude the commission of an offence under Section 24 upon the sole
testimony of the person aggrieved.
26. Offence by Protection Officer - If any protection officer refuses or without sufficient cause is
unable to give effect to the provisions of this Act or discharge his obligation he shall be
punished with imprisonment of either description for a term which may extend upto one year,
or with a fine which may extend to Rupees five thousand or with both.
Provided that no Court shall take cognisance of an offence under this section save with the
permission of the state government.
27. Powers of the court in relation to offence-The court passing an order under Section 5,6,7 or
13 shall have the power to try offences punishable under this Act.
Chapter VIMiscellaneous provisions
28. Jurisdictiona) Jurisdiction to grant a protection order and/or try offences under this Act lies with
any court, within whose jurisdictioni) the person aggrieved permanently or temporarily resides, carries on business or is
employed; or,
ii) the respondent resides, carries on business or is employed; or,
iii) the cause of action arose
(b) Any order made hereunder shall be enforceable throughout India.
29. In camera proceedings - Unless the court is satisfied to the contrary, proceedings
under this Act shall be held in camera.
Provided however that the protection officer, the accredited service provider or any other
person whom the petitioner desires shall be permitted to attend the same.
30. Non obstante clause- the provisions of this Act and of any rules made hereunder shall
have effect notwithstanding anything inconsistent with therewith contained in any other law in
force.
31. Counselling-The Court may at any stage of the hearing on fdie petition for a protection order
direct die respondent to undergo singly or, at the option of the pi
person aggrieved, jointly with die
person aggrieved mandatory counselling with any accredited service provider.
32. Protection of actions taken in good faith-No suit, prosecution or other legal proceeding shall
lie against any accredited service provider or protection officer or police officer for anything which
is in good faith done or purported to be done by or under this Act.
33. Procedurea) Except as otherwise stated in this Act, proceedings regarding the issuance of orders and offences
provided herein against the same shall be governed respectively by the Code of Civil Procedure,
1908 and the Code of Criminal Procedure, 1973.
b) Nothing in sub-section (a) shall prevent the court from laying down its own procedure.
34. Duty of government to ensure effective implementation of the Act 1) The Government of India shall appoint an eminent person as the Coordinator for
Prevention of Domestic Violence who shall submit annual reports to the
Government of India on the incidence of Domestic Violence in India and on the
implementation of this Act which report shall be laid before both houses of
Parliament.
2) The Co-ordinator for the Prevention of Domestic Violence, appointed under sub
section (I) of this section shall have the powers to perform all or any of the
following:
(
z-
V ''
i
a)
b)
c)
d)
e)
0
g)
powers to investigate and examine all matters relating to Prevention of
Domestic Violence
make in its annual reports to the Government of India, recommendations for
the effective implementation of the provisions of this bill
review, from time to time, the existing provisions of the law on domestic
violence.
Look into complaints and take suo moto notice of matters relating to
domestic violence and the non-implementation of the law on domestic
violence
Call for special studies or investigations into specific incidence of domestic
violence
Participate and advise on the planning process for securing a :safe
environment free of domestic violence.
Evaluate die progress of the development of women under the law on
domestic violence
3) The Government of India, as well as the State Government, shall ensure that:
a) the Act and the contents thereof receive wide publicity in the television, radio
and the print media;
b) die government officers, die police and the members of the judicial services are
given periodic sensitisadon and awareness training on the issues addressed by this
Act; and
c) effective protocols are formulated by concerned ministries dealing with health,
prosecutions and welfare to address issues of domestic violence and that the
same are periodically revised.
35. Power to make Rulesa) The State Government may by notification in the official gazette, make rules for carrying
out the purposes of this Act.
b) In particular, and without prejudice to die generality of the foregoing power, such rules may
provide forprescribing the format in which the forms, petitions, orders, directions and
i)
reports under this Act would have to be made;
maintaining a register of accredited service providers;
i')
iii) rules and procedure for the appointment and co-ordination of protection
officers and their duties, tasks and responsibilities;
iv) powers of protection officers;
V)
rules and procedure for appointment of officers to assist protection officers
appointed under this Act;
vi)
vii)
viii)
c)
method and manner of deposit, recovery and payment of monetary relief;
rules of procedure for proceedings under this Act; and
any other matter in connection with or in relation to this Act.
The Rules shall be framed in consultation with the National and State Women’s Commission
as well as activists from women’s groups.
♦
SCHEDULE I
1.
Offences under the Indian Penal Code, 1860.
Sections 269 (negligent act likely to spread infection of disease dangerous to life),
i)
Section 270 (malignant act likely to spread infection of disease dangerous to life),
Offences listed under chapter XVI (offences affecting the human body),
H)
Sections
383, 385, 386, 387, 388, 389 (Sections dealing with extortion),
m)
Section 403 (dishonest misappropriation of property), Section 405 (criminal breach of
iv)
trust),
Section 441 (criminal trespass),
v)
Offences listed under Chapter XX (offences relating to marriage),
Vi)
Section 498A ,
vii)
Section 499 (defamation),
viii)
Sections 503 (criminal intimidation), 504 (intentional insult with intent to provoke
ix)
breach of peace),
X)
Section 507 (Criminal Intimidation by an anonymous communication)
XI)
Section 509 (word, gesture or act intended to insult the modesty of a woman),
Attempt to commit any of the above offences.
xii)
Other statutes
All offences listed in the Dowry Prohibition Act, 1961
i)
Section 4, of the Commission of Sati Act,1987.(abetment of sad)
u)
All offences listed in the Immoral Traffic (Prevention) Act,1956
m)
Offence under the Prenatal (Diagnostic Techniques (Regulation and Prevention
iv)
of Misuse) Act, 1994.
v-k - \ (3 .
~
•A y
I ?.f r\'
'.R?> AiE?S'r ()i; MAHARASin RA
No.w'PA-2u02 C.R.134 D-2.
WomcvixC Child Development lk.pt.
Mantrnlux a. Mumbui-4<jO v32
Date:- 2O’n April. 2002.
•
z>
r rv-m:
> 11 r i W a s '..id e <.? G. Ct o r d e.
Secretary m Government.
‘A’, .-mem m xl Chib! I )c\ uh .pm e.r.l I )ci ■ ’ i' nwa I.
A!?nrra 1 a\ a. r !:mai-4‘Jo 032.
-9 3u
The Secretary to me
Government of India. .
Ministry ol l lomd Afldirs.
Aiisvinum- rvui^c. Munsuigh Road.*
New Delhi- > 16001.
Subject
Administrative approval to the "Maharashtra
Protection of Women Bill. 2002."
i
ir.
( am directed to forward herewith a copy ( with ten spare cop;es ! of
t K .•»
lilt.
<1
ft of the ''Maharashtra Protection of Women Bill. 2002A The proposal
00
HUO
approved bv the State Cabinet in its meetilia dated the 4'J Julv, 2001.
The Bill aims at addressing the problems of domestic violence met
out to women and sexual harassment of working women at work place. It also
aims at securing a woman's right to reside in her matrimonial home or in shared
iiouscln.'ld or her maternal home and also to provide expeditious administrative
and judicial redressed for <he victims of domestic violence or sexual harassment al
work place.
The subject matter of the 1.1 )>:11111 falls under entrv 1.64 and 65 in list IJ.
dm! ei'.toes I. 2. T HA 13. 24. 45. 46 aiwl 42 in hist Ilf in the Seventh Schedule to
the Cv?H>timmui e-.f India and also attracts article 1 5«. 3 > of the Consumtlon.
•_
X?; i
r.’’£:Sh L-'kO •a’’ J '5J
Some of liic provisions of me Biii are cepim/mm m tiie pur. isio/is oi'
.i
•'. •«
procedure Code. 1903 Li of 1903) ohich r. im exi.-.t'mc lav. and die Code
r.
df Criminal procedure . 1973 I 2 of 1974) and me hamiiv Courts Act. 1984 (66 of
which are earlier la-As made by t’ne Parliament with respect to fne matters
er mu ere ted m emne<; L 2
K-.i’ HJiJ. !:
Uv.u
j « a and 13 m • m [p
me Seventh Schedule to the
-Lid tiierc;v-;c. be neeev.
\ lo reserve the Bill, aker it is
passed, ds* I'le LO^sideraiion and assent ol the Pre^dent tinder article
?412) ct the ,i;
CGilSliliiliOU.
i
5.
Since the subject matter of the Bifi eho fails in the Concurrent
J.isl /List
/last III), as per the iiislrucdons of the Govcrnmcm of India.
1 .cc/slalive l.ist
O:.c.re iu[(-r.<!;Kin2 the lhi(‘m the State l.evistj: re. it is n.ccessarv to obtain
msmm-nrutrsc approcal of the (Lix^rmr^i.; <u luma tor 'die said Bill. I am therefore
t’1 request
to move the Go\ernmcnt o* India to accord 'ts administrative
approval i<> ihe Bill. so as to enable this Government n> introduce die said Bill in
the ne'<t ses>;< a othhc Slate f .egislal.-ire for ^Oii^idcr.i'ion and passin?.
Yours Imthfiillv.
i \\'astideo Cr.< H 'l de I
Secretary to Government
Copy- lonvarded with compinnents to :-
(i )The Secretary to the Government of India. Ministry m Human Resource
Development: ( Department of Women & Child Development}. Shastri Bhavvan.
'/■
>.’e\y Delhi-j lu’?oj. wuh a cops' of the bill, '.'.iih a reciucsi to expedite the mjner
a;;]-; ;he
Mumury of Home Aflbirs. Kev; Dehn-i b? •
•i'
z
/
..
C2Jlhe
Special
Cumin issior.er m
i be
Vjo\ernmeiv.
v
Ma harasinn.
Maharashtra Sadau. Copernicus Road. Nev. Delhi-110 001. wifi; a ^op'. of live Bill,
v.-’ih a request to take necessarv action.
( ? Hhe Principal Secretary i Leuislaiion ) to the Governn’ient of Mtpvrrr< hv.-j .
J.a’A diid juuiciarv Ijeparin'.ciU. XLunralayti. Mumbai 32. fur iiuormaiiur..
•f
OF 2002.
L. A. BILL No.
/ BILL
to comprehensively address issues relating to domestic violence,
deprivation oh matrimonial home and sexual harassment of working
woman at work place or otherwise and to cast certain duties on
every societal structure and unit
for prevention and protection
against sexual harassment of women, and for empowerment of
courts to grant expeditious protection and relief to the victims of
i
domestic violence.
WHEREAS it is necessary to recognise the right of a woman
for protection against domestic violence, deprivation of matrimonial
home and sexual harassment at work place or otherwise and to
address
■
these issues comprehensively and to cast duty on every
■«
societal structure and unit for prevention and protection against
sexual harassment of women;
AND WHEREAS there is need to establish the mechanism
for expeditious administrative and judicial protection by coordinated
and
integrated
system
of
responses
and
to
provide
for
empowerment of courts to grant expeditious protection and relief to
such victims; it is hereby enacted in the Fifty-third Year of the
Republic of India as follows:I
I
'•■agwat'bill women proleciion'10 • nl6.21
CHAPTER I
PRELIMINARY
Short title,
extent and
commence
ment.
1. (Jf) This Act may be called the Maharashtra Protection of Women
Act, 2002.
(2) It extends to the whole of the State of Maharashtra.
(5) It shall come into force on such date as the State Government
may by notification, in the Official Gazette, appoint.
Definitions.
2. In this Act, unless the context otherwise requires,-
(a) "accredited service provider" means a government or
non-government voluntary, charitable association or institution
Bom.
XXIX of
-
1950.
21 of
1860.
registered as such with Government under this Act in the prescribed
manner or under the Bombay Public Trusts Act, 1950 or under the
Societies Registration Act, 1860, with the object, inter alia, of
protecting the rights and. interests of women including providing
shelter homes, counseling, medical, legal and financial or other
assistance and services to women victims of domestic violence;
(Z?) "aggrieved woman" means any 'woman who is or has
been a victim of domestic violence;
W aggrieved employee" means any woman employee who
is or has been a victim of sexual harassment at her work place;
(cj) "Court" means the Court of a Judicial Magistrate First Class or
as the case may be, the Metropolitan Magistrate, appointed as the
Women Protection Magistrate under section 5 of this Act, and shall
C.v.
"islbhagwaAbill women protection \ 10 Apr\ 16:27
>
\
•
include any other Court which the Government may in consultat$n\
with the High Court, by notification in the Official Gazette, specify as
a Court competent to deal with all or any of that matters specified
under this Act.
(e) "domestic violence" means and includes
(I) any willful physical or mental ill-treatment or cruelty
meted out to a woman,(A) in her matrimonial home, by her husband or any
other member of such household;
(B) in the home or house where such woman resides,
•
by any of the members of her family or any other person
residing in the house with her;
(II) forcing a woman to prostitution by her husband or any of
the members of her family or any other person residing in
the house with her;
(III) removing or expelling a woman from her home, by
respondent without due process of law;
■i
Explanation.- For the purposes of this clause, (')
of
60.
If
the term " cruelty" shall have the same meaning as
assigned to it under section 498-A of the Indian Penal Code;
(ii) an action shall not amount to domestic violence or
cruelty, if the pursuit of course of conduct by the respondent
was
reasonable
for
his
immediate
protection
or
the
ifO.T.ediate protection of his or any other person's property;
'nentobhagwat'.lxll women protecbon \10 AprtIG 27
A
(f) "employer" means any person, who employs any woman
as employee and includes any person who is for the time
being incharge of or responsible for the management of any
firm, company, institution, organisation, factory, corporation,
undertaking or any government or semi-government office
or department, where a woman employee is employed;
(g) "Government" or " State Government" means the
Government of Maharashtra;
(h) "/zorTre^means a house where a woman ordinarily lives,J!;
(i) together with a male in a domestic relationship; or
(ii) other members of her family or relatives;
and shall include her matrimonial home;
(i) "Mahi/a Dakshata Samitl' means a Mahila Dakshata Samiti
■
■«'
appointed under section 28;
(j) "matrimonial home" means a house, owned by the husband or
otherwise, where a woman after her marriage is residing or was
residing with her husband ;
(k) "monetary relief" means an order granting monetary relief to
the aggrieved woman by the Court under section 9;
(!) "prescribed" means prescribed by rules made under this Act;
(m)" Protection Officer" means an officer appointed by
State Government under section 25;
(n)"respondent" means and includes,•z
jrncnlslbhagwaitbill women prolection \10 AprtIG 27
(I) in respect of the aggrieved woman , her husband or^.jr>,'K ■
other relative or person, whether related by blood, marriage
or otherwise, against whom the aggrieved woman has sought
any relief under this Act;
- ,•«
(II) in respect of the aggrieved employee, the employer or
. any other officer or other employee employed by such
employer against whom the aggrieved employee has sought '
any relief under this Act;
(o) "sexual harassment " means and includes any unwelcome
sexually determined behaviour with a woman at her working place ,
whether directly or otherwise, such as,-
(i) physical contact and advances;
(ii) a demand or request for sexual favours;
(Hi) sexually coloured remarks;
(iv) showing pornography;
(v) any other unwelcome physical, verbal or non-verbal
conduct of a sexual nature;
I
(p) "societal structure and socital unit" means a structure
or unit specified under section 11;
(q) "woman" means a female human being of any age.
CHAPTER II
PROVISIONS IN RESPECT OF DOMESTIC VIOLENCE
Prohibition
against
domestic
violence.
3.
person.
• •<nien protection \ 10 ApAl 6:27
No woman shall be subjected to domestic violence by any
Il
&
i
Prohibition
against
eviction from
home.
4.
ii
Notwithstanding anything contained in any other law for the
time being in force, no woman shall , without due process of law,
be evicted or removed from her home by a respondent or any other
person.
CHAPTER III
WOMEN PROTECTION MAGISTRATE
Women
Protection
Magistrate.
5.
(1) The
II
Government shall, in consultation with the High
‘ i
I
.
Court, appoint one or more Women Protection Magistrates for each
district in the State:
Provided
that,
I
while
appointing
such
Magistrate
the
i
preference shall be given to women.
(2) Every Women Protection Magistrate shall be assisted by a
panel of two social workers, who shall be the persons of ability and
integrity and having special knowledge, sensitivity and experience of
dealing with the problems relating to the domestic violence and
other issues pertaining to womeri and children, to be nominated by
the State Government. Out of such two social workers one shall be
a woman, nominated in consultation with the State Women's
Commission.
(3) The social workers shall be appointed for a period of
three years.
(4) Appointments made, from time to time, as women
Protection Magistrates and the social workers shall be published in
the Official Gazette.
; I
I
Dhagwal\bill women protection \10 Apr. 16.27
I
(5) The social workers nominated by the Government V/iai
sub-section (2), shall receive such fees and allowances as may be
prescribed.
, (6) No order made by the Women Protection Magistrate shall
be invalid by reason only of the absence of any member social
worker, during any stage of the proceeding.
2 of 1974.
Powers and
functions of •
Women
Protection
Magistrate.
6.
The Women Protection Magistrates shall for the purposes of
this Act have the powers conferred by the Code of Criminal
Procedure, 1973 on the Metropolitan Magistrate or as the case maj /
be, a Judicial Magistrate, First Class.
Powers of
Court.
7.
■v,
(1) The Court may, without prejudice to its inherent powers ,
on an application being made by any aggrieved woman or under
the provisions of section 20, pass any of the following orders
against the respondent, namely:-
(i) order prohibiting commission of any act of domestic
violence
against the aggrieved woman by the respondent,
specifically prohibiting the eviction or removal of the aggrieved
■■ ,'i
woman form her home by the respondent without due process of
Law;
(ii) order of possession or occupation, if the aggrieved
woman is already evicted or removed from the home, putting back
such woman in possession or occupation of her home, by the
respondent;
C
‘fx:urnens,tr..j<)w
•non protection \10 AprtIG 27
(iii) if it is reasonably not possible to put back such woman in
peaceful possession or occupation
of the home then, by order
made against the respondent, directing him to secure or to make
suitable arrangement of residence of the aggrieved woman or pay
rent of the suitable residence for such aggrieved woman;
(iv) order in suitable case, prohibiting the respondent from
home, or part of the home, where such aggrieved
/'T
woman lives or in any way disturbing her peaceful residence in such
entering the
home.
Order of
prohibition.
8.
•
...V
The Court may, on an application being made by the
aggrieved woman pass an order prohibiting the respondent, without
the specific permission of the Court from,-
(i) selling or in any way alienating his right in the home of
such woman;
(ii)
selling, alienating or otherwise, disposing off any
movable assets in such home or the sridhan of such woman;
Monetary
relief.
9. (1) The Court may, on an application being made by an
aggrieved woman, pass an order against the respondent granting
monetary relief in favour of the aggrieved woman, in suitable cases,
providing, inter alia, for
(i) payment of compensation on account of loss of earnings
due to inability to attend the office or place of work as a result of
domestic violence meted out to her;
■»
"9.
(ii) payment of medical expenses incurred for the treablieWv
\
as a result of domestic violence meted out to her;
(iii) payment of compensation for loss caused due to
destruction, damage or removal of property from the home
of the
aggrieved woman;
(iv) immediate maintenance of the aggrieved woman as well
as her dependent children;
(2) The order granting monetary relief in favour of the aggrieved
LI
..V
woman shall specify the period within which it shall be complied
with by the respondent and the duration for which the monetary
•
*
relief shall be payable.
CHAPTER IV
PROVISIONS RELATING TO SEXUAL HARASSMENT AT
WORK PLACE
Sexual
harassment.
10. (7) It shall be the duty of every employer to prevent any sexual
harassment and to protect the women employees from, any sexual
harassment at the place of work.
(2) An aggrieved employee who is a victim of any act of sexual
harassment at her work place may, file a complaint under this Act,
for the
employer.
■
v is ■ women prolecoon \10 Apr
27
redressal of and relief from, such harassment, to her
(IS?
(3) It shall be the duty of every employer to provide
appropriate forum or complaint mechanism for
an
redressal of any
grievance or complaint of sexual harassment, as prescribed.
(4) The prevention and protection forum
provided by the
employer shall exercise such powers and perform such duties, and
follow such
procedure for prevention and
redressal of spqh
complaints, as prescribed.
>. ■
■i'
CHAPTER V
RESPONSIBILITY FOR SECURITY AND
■i
PROTECTION OF
WOMEN
Responsibility
of societal
structure,
societal unit
and employer
for security of
women.
11.
(1} It shall be the duty of
every societal structure and
societal unit mentioned in sub-section (2),
to prevent sexual
harassment to women and to provide security and protection to
women against sexual harassment in work places and in the manner
prescribed by the Government.
(2) For the purposes of sub-section (l)z the following units shall
be the societal structures and societal units, namely:■■ ,■<
(a) Urban and rural local authorities at various levels;
(b) Employers of women employees including seasonal
7
and part-time employees;
Custodial
organizations including
prisons
and
I
shelter homes;
s'bhagwai\bill women prom
.16 27
I
(d) Service providers, such as, homes for womeKan'd^U '
~ Xchildren and hospitals and educational organizations;
and
(e) any other organizations as may be specified in this
behalf, by general or special order issued in this
behalf, by the Government.
CHAPTER VI
PROCEDURE OF COURTS TO BE FOLLOWED
2 of 1974.
Code of
Criminal
Procedure,
1973 to apply
to the
proceedings
. under this
Act.
Jurisdiction of
Court.
The provisions of the Code of Criminal Procedure, 1973^^
12.
shalC as far as may be, apply to the proceedings before the Court
under this Act.
13. Any application under this Act, shall be presented to the Court
exercising jurisdiction under this Act, (!) Where the aggrieved woman or aggrieved employee
resides, or
(ii) the place where the cause of action has arisen.
Court to try
the
applications
expeditiously.
14. Every endeavour shall be made by the Court while hearing any
i
*
.
■
■
■ ■
application filed under this Act to dispose it off within three months
from the date of filing of the application.
Procedure for
recording
evidence.
15. (1)
The evidence in any proceedings under this Act shall be
taken in the presence of the respondent or, when the personal
attendance of the respondent is dispensed with, in the presence of
II
f. I;"..1': */ ?'■'
•;n If; >
\
1^.
Q.l)
his pleader, and shall be recorded in the manner prescribed for
2 of 1974.
summons -cases in the Code of Criminal Procedure, 1973 :
Provided that, if the Court is satisfied that the respondent is
willfully avoiding service of notice, or willfully neglecting to attend
the Court, the Court may proceed to hear and determine the
petition ex-parte.
Power of
Court to pass
interim relief
order.
16.
If at any stage of the proceedings under this Act, the Court is
II
•
satisfied that the circumstances require immediate intervention of
I
’
the Court, it may, pass such interim relief order as it may deem fit.
Power of the
Court to
impose
additional
conditions.
17.
When the order under sections 7, 8, 9 or 16 is passed by
the Court, the Court may, impose upon the respondent such
additional
conditions,
including
execution
of bond
of good
behaviour, as it may deem fit.
■x
Copy of the
order to be
served on the
Protection
officer and
the police
station.
18.(1)
A copy of the order under sections 7, 8, 9 or 16, as the
i
.
.
case may be, shall be forwarded to the concerned Protection
Officer.
(2) When the order under sections 7, 8, 9 or 16, as the
case may be, is passed by the Court ex parte, a copy of the same-
shall be forwarded by the Court to the concerned police station
within whose jurisdiction the respondent resides. .It shall be the duty
of the Officer in charge of the said Police Station to serve the order
upon the respondent immediately.
Custody of
children.
19. The Court may, at any stage of the hearing of an application
under sections 7, 8 or 9 grant temporary custody of any child or
children to the aggrieved woman, if so requested by her. Such order
..................... ....................
Application
by next
friend.
may, if necessary, specify the arrangement for visits byJthe\\
f
respondent.
X-
20.
Notwithstanding anything contained in any other law for the
s
time being in force, an application under this Act may be filed
before the Court, on behalf of the aggrieved woman, by her next
friend or any relative, with the written consent of such woman :
I
Provided that, such written consent shall not be necessary In
the circumstances where the applicant
Provider or the
is an Accredited Service
Protection Officer or Police Officer, or where the
aggrieved woman is, for any reason incapable of giving such
consent.
Duration of
operation of
orders and
alteration,
modification,
variation or
revocation
thereof.
21 .(1) Any order made under sections 7,8,9 or, as the case may
be 16, shall be operative for a period of two years
from the date
of passing of such order and may, on application by the aggrieved
woman, be extended for a further period of not more than six
months at a time, for the reasons to be recorded:
. Provided that the total period shall not exceed three years.
(2) Any order passed under sections 7, 8, 9 or, as the case may
■
I
•
be 16 may, for reasons to be recorded, be altered, modified, varied
or revoked
by the Court on an application being made in that
behalf by the respondent:
Provided that, no such order under this sub-section,
shall be
passed by the Court unless a reasonable opportunity of being heard
is given to'the other party.
■.vjr.licn ilO Acr !»■ ■"
Proceedings
to be held in
camera.
22.
(I) Every proceeding under this Act may be conducted in
camera and it shall not be lawful for any person to publish any
matter in relation to any such proceeding, held in camera, except
i
with the previous permission of the Court.
(2) The Protection Officer or an Accredited Service Provider may be
permitted to attend the proceedings and during the proceeding the
aggrieved woman may be accompanied by her relatives or friends in
and her advocate in the Court.
Appeals.
23.
Any person aggrieved by an order of the Court under this Act,
may prefer an appeal against such order to the Court of Sessions
within thirty days from the date of such order:
Provided that, when a Family Court established under the
66 of
1984.
Family Courts Act, 1984, is notified as a Women's Protection
Magistrate under section 5 , the appeal shall lie to the High Court.
Right to legal
representa
tion.
24.
Notwithstanding anything contained in any law, no party to a
suit or proceeding before a Womens' Protection Magistrate shall be.
entitled, as of right, to be represented by a legal practitioner:
Provided
■
'’I
that,
if the
Womens'
Protection
Magistrate,
Considers it necessary in the interest of justice, it may seek the;j
assistance of a legal expert as amicus curie.
'ccumentsU)hagwal\b|ll women protection »10 Apr.16 27
CHAPTER VII
X
PROTECTION OFFICERS AND MAHILA DAKSHATA SAMITI
25.
Protection
officer. .
x
(1) The State Government may, by notification in the Official
Gazette, appoint such number of Protection Officers in each district
as it considers necessary and shall notify the area within which a
Protection Officer shall exercise the powers and perform the duties
under this Act:
Provided that, as far as possible women shall be appointed as
Protection Officers.
(72, The qualifications for appointment as Protection Officer
and the remuneration and allowances to be paid and other terms
and conditions of service of such
Protection Officer shall be such
as may be prescribed.
Powers,
functions and
duties of
Protection
Officer.
26. (7; The powers, functions
and duties of the Protection Officer
shall be as follows, namely:(aj to detect and prevent the
11
contravention of the provisions of
this Act;
(b) to make a
upon receipt of a
Domestic incident Report in the prescribed Form
complaint of domestic violence to the Court at the
earliest;
(c) to inform the aggrieved woman
application
to the court for an order or
of her right to file an
other reliefs under the
provisions of this Act and assist her in that behalf;
.
•
hp cr'.’,»J<r'')p
fO A of 16 2-
Xl
IS
co-ordinate the activities of the accredited service providers
operating in his jurisdiction;
(g) to inform the nearest police station suo moto or on receiving
reliable information or on receiving a complaint about commission of
offence of domestic violence or on reasonable apprehension of
commission of such offence
against a woman, and
(h) to discharge such other functions as may be assigned to
such Officer, by the State Government.
(2) In the discharge of his powers and duties, a Protection Officer
shall have power to summon attendance of any person before him.
(>•
(3) The other powers, functions and duties of the Protection Officer
shall be such as may be prescribed.
Information
to Protection
Officer and
exclusion
from liability.
27,
j Any person who has reason to believe that an act of
domestic violence has been or is being, or is likely to be committed,
may give information to the Protection Officer.
(2) No liability, civil or criminal, shall be incurred by any person for
information given in good faith for the purpose of sub-section (1).
Mahila
Dakshata
Samiti.
28. (1) There shall be a Mahila Dakshata Samiti appointed by the
Government for every district and for every Commissionerate area.
(2) The Mahila Dakshata Samiti shall consist of such number of
members as specified by the Government by order issued in this
15 of
1993.
behalf,
in consultation with the
Maharashtra State Women's
Cocion constituted under the Maharashtra State Commission
■z
< <n AnrtIR 07
I
I
i
for Women
Act, 1993 to assist the Police in implementin^lnet
provisions of this Act.
(3) The members of the Mahila Dakshata Samiti shall be paid such .
fees and allowances as may be prescribed.
CHAPTER VIII
OFFENCES AND PENALTIES
Offences and
penalties.
29. Any contravention, violation or non compliance of the provisions
of this Act or rules made thereunder or orders passed by the Court
under this (Act shall constitute an offence under this Act and the
offender shall on conviction be punished with imprisonment which
may extend to three years or with fine which may extend to twenty
thousand rupees, or with both.
Penalty for
publication of
proceedings
in
contravention
of section
22.
30. Any person who prints or publishes any matter in contravention
of the provisions contained in section 22, shall be punished with
fine which may extend to one thousand rupees.
CHAPTER IX
MISCELLANEOUS
Other
reliefs not
barred.
31. (1) The provisions of this Act shall be in addiUon to and not in
derogation of the provisions of any other law for the time being in
force.
sr.'-jcjicn ‘ iQ iDd ‘6
(2) Nothing in this Act shall debar any person from claiming
any
relief under any other law for the time being in force merely, on the
ground that such person has claimed the reliefs under this Act or
that the proceedings under this Act are pending.
Mandatory
Counselling
32. The Court may, at any stage of proceedings under this Act
direct the aggrieved woman and the respondent to undergo, either
singly or jointly, a counselling with the accredited service provider.
v
45
1860.
of
Protection
officer and
member of
Mahila
Dakshata
Samiti to be
public
servants.
Protection of
action taken
in good faith.
33. The Protection officer and every member of the Mahila
Dakshata Samiti while acting or purporting to act under, this Act
shall be deemed to be a public servants within the meaning of
section 21 of the Indian Penal Code.
34. No suit ^prosecution or other legal proceedings shall lie against
any accredited service provider or a Protection Officer or a Police
Officer or the Officer of the Government or a member of a Mahila
Dakshata Samiti for any thing in good faith done or intended to be
done under this Act or the rules made thereunder.
Power to
make rules.
35. (1) The State Government may, by notification, in the Official
Gazette, and subject to the condition of previous publication, make
rules for carrying out the purposes of this Act.
2ocu(nents\bhagwahbill women prelection \ 10 Aprtif* /
(2) Every rule made under this Act shall be laid, as soon as may oe\
■
W
after it is made, before each House of the State Legislature, while it \
\
is in session for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and
if, before the expiry of the session in which it is so laid or the
session or sessions immediately following,, both Houses agree in
making any modification in the rule or both Houses agree that the
■<
rule should not be made, and notify such decision in the Official
Gazette, the rule shall,
from the date of such notification, have
effect only.in such modified form or be of no effect as the Case may
be; so, however, that, any such modification or annulment shall be
without prejudice. to the validity of anything previously done or
omitted to be done under that rule.
power to
remove
difficulty.
36. If any difficulty arises in giving effect to the provisions of this
Act, the State Government may, by order published in the Official
Gazette, do anything not inconsistent with the provisions of this Act,
as may appear to it to be necessary or expedient for the purposes
of removing the difficulty:
Provided that, no order shall be made after the expiry of a
period of two years from the date of commencement of this Act.
'■
"I
wcrnon D'Qteclior '16 27
'I?
-3T
STATEMENT OF OBJECTS AND REASONS
After Fifty-two years of independence, the women folk of our
country which contributes equally in the national building activities is
still receiving secondary treatment in the day - to- day life in the
society. The women are most of the times kept in the disadvantage in
all walks of life. Atrocities and violence against women are on the
increase inspite of several laws enacted by the Government to curb
this undesirable events.
2. Presently, there is no special law to deal with this serious problem
and effective machinery to deliver quick redressal to the women who
are victims of domestic violence or sexual harassment at work places.
The year 2002 was declared as ’Women Empowerment Year" by the
Government of India. Therefore, the Government of Maharashtra has
decided to make a special law for effectively and expeditiously
curbing this element in the society, and
for betterment of woman
folk , to recognise their right to live with dignity and to protect them
against domestic violence or sexual harassment in work places, etc.,
to impose duty on every societal structure and societal unit to provide
protection to women against sexual harassment.
3. The Bill is intended to achieve the above objectives.
Mumbai,
Dated the
2002.
Minister for Women and
___ Child Development.
\ C'
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<1-
DOMESTIC VIOLENCE
A study of organizational data
Researchers
Sandhya Rao
Ashima Chopra
Indhu S.
Nagamani S.N.
Consultant
Dr. Rupande Padaki
‘I
f'l'
■■
HENGASARA HAKKINA SANGHA
1353,32 E’ ROAD, 4™ T’ BLOCK, JAYANAGAR, BANGALORE - 560 041
INTRODUCTION
Hengasara Hakkina Sangha (HHS) is an intermediary NGO. Our mandate is the empowerment
oi women through the knowledge and use of law and state legal systems to assert rights and
access justice. We are an activist organization, located in the women’s movement
Training is a mode of our intervention. Our constituency is poor rural women of Karnataka.
For long we have felt the need to actively engage in research. A study/research would strengthen
our activism and our insights from training will enrich the research. Our premises and
assumptions for the research come from our experience from the field. Our challenge has been
to convince women that domestic violence is a rights violation particularly when participants in
our programs tell us that the husband has a ‘right’ to beat his wife, that violence is an inevitable
part of marriage. This and other instances, in turn guided our research questions.
Since we are an intermediary organization, we work in partnership with grassroots
organizations. Our partner NGOs, working on different aspects of development, do not
recognize domestic violence as a priority to be addressed. Though the women’s groups were the
first to identify and respond to the issue of domestic violence, many among them do not see
domestic violence as a human rights violation. The advantage of a rights approach is that it
identifies the different actors who are involved in the violation of the right and the State is
obligated to take adequate measures to prevent it. By posing it as a social problem or as a
criminal offence, the focus is on punishing the offender. While this is of importance, the
limitation of this approach is that the woman often has no control over the process of the law
(whom to call as witness, the evidence to be collected and produced etc) and it often
disempowers the woman.
Simultaneously, ‘ We need to develop a more comprehensive
understanding of rights that exposes the limits of rights in struggles for social transformation.
The question we need to ask ourselves is how to rely on law and rights without creating either a
dependency on law, or the expectation that law will provide the solutions to our problems’:
1 heory to Practice in Legal Literacy, Ratna Kapur in Legal Literacy Ed Margret Schuler &
Sakuntala Kadirgamar-Rajasomgham, Women Law and Development, 1992.
/
Why Rights
Insights gained from the field, make it clear that the human rights frame work is a powerful tool,
to both address and redress the problems of women, including violence against women. We
observe that the knowledge of rights gives women a good chance to assert rights. For instance,
the knowledge that domestic violence is a rights violation helped women in a sangha (women’s
collective) to bring down domestic violence significantly. They did this by merely informing the
men that they (the men) would be branded as criminals. Assertion of and access to rights cannot
be either looked at as a linear process i.e. that rights are accessed one after the other. Rights
form a web, each influencing other rights and, in turn being influenced by them.
Right to form
association
Right to
mobility
Right to speech
/expression
Right to
equality
>
VOILENCE
OR
THREAT OF
VIOLENCE
<
>
Right to freedom
of religion
Right to
education
Right to life
& liberty
Right to
livelihood
From the above it can be seen that domestic violence or threat of violence, impacts women
accessing and asserting other fundamental rights. For instance, violence or the threat of violence
prevents women from accessing their right to mobility. This in turn restricts or denies them their
right to education, livelihood and frequently to belong to support groups.
STAKEHOLDERS.
At the beginning of the project we identified the stakeholders in the process of research and for
moving forward with the findings of the research We identified the organizations from whom
we would collect data, the case workers in these organizations who work directly with the
women, women who are survivors of violence, HHS as an organization, and the women who
have worked on the project. Empowerment of the stakeholders was envisioned as integral to the
agenda of the project.
Follow up action for the organizations that we worked with would be a part of the empowerment
of the organizations. In addition, evolving of common norms and forums for discussion and
growth would become part of the process of empowerment. The concept of empowerment also
assumes that participatory research methods are based on research as a way of politicizing
participants so that they can, subsequently, engage in actions which will challenge the conditions
of the oppressor.
The insights HHS has gained from the empirical data and the findings will be useful in our
advocacy and training programs.
An excerpt from the researchers:
All women face similar problems. I was under the impression that education and economic
independence will empower women. Soon I came to know these are not at all true.
Most women who came to NGO’s for help as the last choice. ‘Given the family structure women
should maintain harmony in the family’ is a view that we hear expressed often. Wife beating is
accepted. Few women seek help because of domestic violence.
3
Type of violence one cannot even imagine. I started to rethink about all human relationships
especially on fatherhood! Economy, education, modernization all changed men. But the same
things did not help to accept women’s change. Because of all these women are facing more
pressure and more violence. Society is expecting more from women and it is giving more
responsibilities to only women.
She is a wife that’s why she gets beating!. Personally, I feel we should rethink about our
marriage institution. Definitely it needs to be change.
METHODOLOGY
This research studied the primary records available in the NGOs and GOs. Though they were
primary records, they formed secondary data as they were collected for purposes other than the
current research. Our sample was the records that were available for the years '96,'97,'98 in
two NGOs and two GOs.
The NOO’s: 1. Vimochana
2. Janodaya
We selected Vimochana and Janodaya because they both have a long track record and are well
known. Vimochana is a forum for women’s rights engaging with issues of women’s oppression
for the past 20 years. Janodaya has been working in the areas of community development, slum
development programs, women prisoner’s rights, shelter and vocational training for women and
counseling for women. The NGOs have been working to fill a void in the services that are
available to women. It was important that we are able to study the data available in these NGOs
to understand the needs of women who seek help for domestic violence.
The GO’s:
1
Family counseling cell located at the Police Commissioners office
2. Tilaknagar Police Station
The choice of the GO was very restricted. We wanted to study the data at Abhayashrama run by
4-
the Karnataka State Social Welfare Advisory Board, unfortunately we were denied access to
their records. We therefore looked at the data available at The Special Cell for Woman at the
Police Commissioner's Office, which has been in existence for the past 5 years. The family
counseling cell handles approximately 200-300 new cases of family disputes, which includes
cases of domestic violence. In view of this it was important source of primary records. We
looked at the data available at the Tilaknagar police station as it is located in a residential area
close to a market and its jurisdiction includes all classes, castes and religious groups. We looked
at the police station records to study the type of violence reported and to discern any difference
in the system of record keeping.
Definition
We realized that Domestic violence can't be strictly defined to mean violence perpetrated by
husband/partner. We use the word Domestic violence to mean violence perpetrated in the
marital home and by the husband/partner.
A list of variables was drawn that would help us construct questionnaire that help us locate
domestic violence in the web of rights and to examine the inter links between domestic violence
and the assertion / non assertion of other rights. These variables were broken down to clusters by
the research team. This process of breaking down the broad questions into focussed questions
took place over a period, during which the researchers were introduced to the Rights discourse.
In addition the researchers were given inputs on ; purpose of empirical research, research
methodologies in general and feminist research methodologies in particular and a literature
review of domestic violence.
Questionnaire.
The questionnaire that emerged as the final product was the outcome of discussions among the
researchers and the insights gained from the field in the HHS training programs. The process of
involvement in the formation of the questionnaire for the researchers clarified a lot of questions
about why we were asking the questions we were asking. Researchers could identify with the
questionnaire because of the involvement in the process of evolving the questionnaire. We then
5
generated a Schedule for case worker interviews, to understand their perception of violence.
Data collection:
We started the data collection at Vimochana and then mo\ ed on to Janodaya . The primary
records available in these organizations were in the form ot narratives written by the women
seeking help or written on her behalf. The data was roughly segregated in chronological order.
No record of intervention or consequent action after the complaint was available.
The data available at the Family counseling cell at the commissioners office was not different
from the data available in the NGOs in terms of content. Here also the data primarily comprised
narratives written by women who have sought help with additional observations by the case
worker. The data at the Tilaknagar police station had narratives by the women appended to the
FIR, this again was the source of information besides the format of the FIR.
The process of data collection was both frustrating and enriching at the same time. Frustrating
because the data was too fragmented to form a coherent picture and enriching because we were
privy to a part of women’s lives that held an articulation of their feelings.
GAPS IN THE DATA
One of the objectives of the research was to analyze patterns that emerge from the records of the
NGO and other organizations. We hear the voices of many women when we are in the field. We
wanted to explore the correlates between different variables through the study. Unfortunately we
found broad gaps in the records of the organizations. The method of maintaining records in the
organizations is in the narrative format.
The woman who is seeking help gives a written
statement to the organization. That is the only data available.
A narrative emerges from this
statement. Since there is no format for the statement crucial data is not available. Further, the
follow up is not in the records. The mode of intervention, the course of action taken is not
known.
The questions that need examination:
1.
Is there a correlation between:
a. The age of the woman and the man and violence.
b. Years of marriage and violence
c. The number of children and violence
d. Sex of the children and violence
Data available
Information
Information
Available
Not Available
Number of Records -207
Her age
67
140
His age
25
182
Number of years of marriage -
No data
Number of children, their age,
their sex their birth order.
116
91
Number of children
Age of children
Sex of children
No. of Males
15
No. of Females
49
Birth order of children
2.
Keeping in mind the web of rights, we wanted to investigate the relationship between
violence and :
a. right to livelihood
Data available
What are her formal skills? (certified)
9
198
7
What are her informal skills?
No data
Is she currently employed?
85
Yes
35
No
48
c.
122
right to control of income and assets
I his becomes particularly important in the light that many institutions, for e.g. banks,
NGOs and government schemes are all advocating for income generation. This we argue
is done without sufficiently scrutinizing whether the woman has control of the income
and whether this income helps or hinders her assenion of other rights. For instance does
violence decrease or increase with income?
Data available
Can she spend her own income -
23
If she spends her income without being
No answers
184
accountable to anyone how does she
spend it and under what circumstances
does she choose to spend it on what she does?
If she has to get permission to
No answers
spend/use her income, whom
does she get this permission from?
Are there any occasions/emergencies
No answers
where she can use her income without
getting permission?
If yes, what are these occasions/emergencies?
No answers
Would she like to have more
No answers
control over her earnings?
Does she spend/use the income
No data
they get from their productive assets?
Does she have control over her own assets?
No data
Example: Jewelry
8
d.
We wanted to study the relationship bet ween domestic violence and the right to mobility
and from/belong to organizations/associations. We argue that the assertion or non assertion of
the right to mobility impacts critical on other rights, for e.g. the right to education, health.
livelihood and skills upgrading.
Data available
Is she allowed to go out ?
29
Yes
13
No
18
178
If she is allowed to go out,
where is she allowed to go out?
No data
Why is she not allowed to go out?
14
193
Who prevents her from going out?
15
192
If she is allowed to go out,
No data
does she have to take permission to go out?
Whose permission does she have
No data
to take to go out?
The gaps in the data make analysis difficult.
FINDINGS
PROFILE OF DOMESTIC VIOLENCE VICTIM SEEKING NGO/GO HELP
The following 3 cases drawn from a description of the women’s written complaints may provide
a general illustration and profile of the kinds of material recorded by the complaints, and the
primary circumstances and obstacles faced by the women who seek help and the organizations
who attempt to help her.
Case 1: A Middle-aged woman with teenage children. Violence. No money is given to run the
house. She complains to the police, but police support the husband. She asks the NGO for
maintenance and security. She says he will get someone to kill her and the children.
9
Case 2: She is a laborer. Forced to have intercourse with him. Now married to him. Husband’s
elders come to harass her, force her to have an abortion Husband leaves her and marries again
She wants justice done.
Case 3: Married 6 or 7 months. Starts suspecting her fidelity after a month. Starts physically and
mentally harassing her. Made police complaint. They reconcile them. Violence worse. Unable to
bear it, tries to commit suicide. Hospitalized. Special cell also tries to reconcile, doesn’t work.
Now wants a divorce.
Type of violence
TYPE OF VIOLENCE
CASES
MENTAL
44
PHYSICAL
194
VERBAL
109
SEXUAL
8
CONFINEMENT
20
THREATS
50
ATTEMPTS TO KILL
18
10
94%
220
!
170 I
53%
I
'I
120 |
21%
'■Ii
20
24%
■
I
I
I
I
I
I
F
I
9%
4% 10%
1
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<
TYPE OF VIOLENCE
The percentages calculated for 207 cases.
We have broadly broken down the reported violence into seven categories.
Mental cruelty/violence: We have included this category because this is explicitly stated in the
narratives of women. For ex. Beating for 21 years. Had to go to hospita!4-6 times. Beat daughter
who tried to help. Treated like a slave . Starved. Physical and mental abuse.
Physical violence. This category includes beating with hands/fist, beating with rods sticks.
Throwing her against the wall, kicking, hurling objects at her, burning, and other physical
violence.
Ex: Beats her, pours kerosene to set her ablaze, hits on her head when she is
pregnant, beats her with a wooden log.
11
Verbal abuse: this category was included because all the women write about verbal abuse
coupled with other forms of violence. This also includes the kannada equivalent of‘scolding7
which frequently finds a mention in the narratives.
Sexual Violence: This category includes cases where the woman has stated she is undergoing
sexual violence.
Confinement: We decided to include this category' when we come across quite a few cases
where women have complained that they haven’t been allowed to go out of the houses, they were
virtually imprisoned in their houses. This category also includes women who have complained
that they have been denied food/starved. Ex: Kicking, beating, assaulted. Not allowing her to go
out. Imprisoned in the house. Hitting her face with chappals.
Threats: This category includes any threat to the woman . her children and/or her family. Ex:
Harassment, assault. Threatens to kill her and her family. Forced to have an abortion.
Attempts to kill: This category includes all the attempts to kill her and/or her children.
Ex: Beating, beating with iron rod. Head injuries. Vomits blood. He tries to strangle her at her
workplace. Tries to kill her while she is sleeping.
Mental torture is always accompanied by other forms of violence. 44 women have reported
mental abuse/cruelty/violence.
There is an overwhelming presence of severe physical violence. We say severe physical
violence because most women report violence only when it is severe/unendurable. 194 of the 207
narratives report physical violence.
Verbal abuse is usually accompanied by physical violence and other forms of violence.
1Z
Out ol 207 cases 8 women have explicitly stated sexual violence. This could perhaps be an
indication that sexual violence is not being reported rather than mean that it doesn’t occur. It is
interesting to note that in the case worker interviews, one case worker said that sexual violence
is on the increase and it was attributed to modernization, urbanization, information explosion
and readily available pornographic material.
There is an overwhelming presence of physical violence usually accompanied by mental and
verbal abuse.
It is interesting to see that 20 women out of 207 report confinement and/ or starvation.
Confinement would cut off any support that she could have accessed if she had been able to go
out. 1 his is an indication that right to mobility is curtailed for many women besides those who
have reported it. Women who have reported it have done so because they haven’t been allowed
to step out of the house, with additional curbs on using the telephone and contacting the natal
family. Only extreme instances have been mentioned in the narratives, there could be many
women whose mobility is being severely curtailed making it impossible for them to access any
form of support.
Threats to kill: Women report being threatened by husbands and inl/3 of the threats there is
involvement of the marital family. The threats are directed at her and/or her children and her
relatives. Threat of violence on her and children could make her vulnerable to further violence.
Threat of violence in combination with other factors, like confinement is a debilitating
experience for a battered woman, and it is a violation of the fundamental right to life and liberty.
Specific observations.
The word torture in English and its Kannada equivalent repeatedly finds a mention in the
narratives. It refers to both physical and mental violence and is used in most cases to mean
unbearable violence.
13
Another observation we made during our perusal of the narratives is that ‘Kerosene’ finds a
mention in 31 narratives. Kerosene seems to be a handy and easily available material for
violence and threats of violence.
Violence during pregnancy is mentioned in 8 cases. The women have come here not for this in
particular but have found it important to write about it. 1 his may mean that women are more
vulnerable during pregnancy. In a few cases there is mention increase in violence alter the birth
of female children, but the data is very scanty to draw conclusions.
For a question on whether women should complain about the violence only when it escalates and
not in the first instance, 3 case workers(out of a total of 6 interviews) have said yes women have
to complain only after it escalates. There is one categorical No, one Yes but, and one No but to
the same question. This reflects the case workers perception of violence as a continuum, where
intervention /help is possible only after the violence has crossed a threshold. It is very clear that
violence in any form/degree is not perceived as a rights violation.
Cause Of Violence
CAUSE OF VIOLENCE
CASES
ALCOHOL
49
MONEY
62
SEXUAL OVERTONE
44
DOWRY
52
CHALLENGING HIM
42
NO CAUSE
33
14-
30%
70 I
24%
25%
21%
20%
50
I
g
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40 |
a
Is
I
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30
i
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i
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i
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16%
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r
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=
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£
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i
LU
ig
CAUSE OF VIOLENCE
The percentages calculated for 207 cases.
We have divided cause of violence into 6 broad categories. These categories reflect the
apparent cause of violence as stated in the narratives of women who have sought help.
Alcohol: Consumption of alcohol and consequent violent behavior with an underlying cause for
violence(as seen by the women) is included in this category.
Dowry; Refusal to give Dowry, dowry not sufficient, demands for more dowry, are seen as
cause of violence by the women. This category includes only those narratives which specifically
use the word Dowry while explaining the cause of violence
Money: this category was included in addition to the category dowry because we needed to draw
a distinction between demand for dowry and control over her income, control over her assets,
refusal to give money for expenses. Ex: Alcoholic, spends all the money. Gives nothing for
household expenses. When she questions him she is beaten.
15
Sexuality: This category includes references to his extramantai affair, his second marriage, her
Supposed infidelities and control over her sexuality. Ex: Violence happens when she refuses to
have intercourse, when she questions him about other women, alcohol and work.
Challenging him: We included this category because a large number of women have reported
violent behavior when they challenge authority of husband and the marital family. Ex: violence
happens when she questions him about his illicit relationship with a relative.
No cause: this category includes narratives that state no apparent cause of violence.
The cause for violence as stated in the narratives could be the precipitatory factors for the
violence rather than ‘The Cause’ for violence. For instance the alcohol finds a mention in 49
narratives, but it doesn’t seem to be a problem in isolation, but goes with other causes mentioned
in the narratives. The cause of violence overlap one another the categories for cause of
violence are not exclusive, the causes overlap one another. The causes are combination of more
than two causes.
Dowry as a cause for violence is the largest category. Demanding dowry seems to be a matter of
right. Refusal to give in to dowry demands is stated as a cause for violence. There are instances
where Dowry has been given to placate the marital family, which has in fact fuelled demands for
more dowry, enmeshed in this is the cycle of violence where she is repeatedly subjected to
violence when dowry is not forthcoming or used up. There many women who say their
husbands married them just for the Dowry and that violence is a means to extract more dowry.
Women don’t even have access to their assets-dowry/jewelry let alone control over it.
Narratives which mention money as the cause of violence in 62 cases. This category includes
instances where she is not given money to even run the house, and is not allowed to spend
money on her own and instances where marital family/husband wants to control her earnings. It
is interesting to compare the graph of ‘What she wants’ and ‘Cause of Violence’. Money is the
cause of violence in 62 cases and she wants the help of the NGO/GO to get back her
16
things/dowry in 22 cases and Maintenance in 36 cases. There seems to be an overwhelming
need for financial support and security. It is an interesting implication to note that the woman is
subject to violence when she earns, and the woman is subject to violence when she is not
financially independent.
An interesting implication is that it is more about control over money
than money per se.
Sexual overtones/sexuality: We included this category because for many women have told in
their narratives that a second marriage for their husbands/partners is used as a threat to subdue
and perpetrate violence on them. When women question the extramarital affair violence
increases. This category also includes cases in which women have said they were subject to
violence allegedly because they were of ‘impure character’. Some women have reported that
they were forced to sleep with other men, otherwise they would be beaten. Though we don’t
nave quantitative data on whether women have control over their reproduction and sexuality, this
category is an indication that we need to look at this aspect to understand how control over
sexuality and reproduction will impact on violence experienced by women.
Challenging him: This category includes all instances in the narratives which state that violence
happened or increased after the women questioned the marital family or the husband/partner.
When women questioned about money, extramarital affair, or just didn’t do as they were told,
they were abused to silence.
No cause: 33 women have not specified any cause for violence. This is very interesting because
while we were studying the records/narratives we sensed that women werejustifying their
seeking help by stating reasons for violence. We felt that maybe it is easier for women if they
specifically stated why they were being beaten up to get help. The underlying assumption being
that tnere ought to be a reason to seek help, rather than the fact that she is being beaten up. it is
imperative for Domestic violence to be recognized and treated as a rights violation
1?
Her Needs
WHAT SHE WANTS
CASES
MAINTAINANCE
36
THINGS BACK
22
CUSTODY
11
PEACE/HELP/JUSTICE
52
DIVORCE
42
SECURITY
52
CHANGE BEHAVIOUR
13
STOP EXTERNAL
AFFAIRS/MARRIAGE
16
WANTS TO GO BACK
14
18
80
25%
70 -
12%
60 j
20%
17%
'' 1
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50
j
11%
40
5%
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6%
7%
30 •
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10
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WHAT SHE WANTS
The percentages calculated for 207 cases.
17
The research identified interests identified by the women coming to the NGOs as documented
in the written complaints. Repeated and consistent mention of particular desired needs were
classified into nine broad categories under the heading of 'what she wants ’ and/or Lwhy she has
come These headings were based on the terms used by the women in their written complaints
and comprised: maintenance, things back, custody, divorce, security, change his behavior, stop
extra marital affairs or stop his second marriage, help to go back, and three terms grouped
together in one category: peace/help/justice. A closer analysis of these categories and their
possible meanings and significance will provide further insight into the actual and perceived
needs of women who seek justice.
Although each of the above categories obviously overlap and intersect in that women may seek
more than one of these as outcomes, we sought to isolate these particular requests for because of
their frequency, and to identify terms used by women in need. Specific and concrete requests for
maintenance were found in 36 of the cases documented. Similarly, help to ‘get her things back’
was requested in 22 of the cases studied. This was understood to refer to situations in which she
has been thrown out of the matrimonial home, or in which the husband has possession of her
jewelry or other possessions on leaving her. Specific requests for help in obtaining custody of
her children was found in 11 of the cases, presumably in cases where separation had occurred or
was desired. In these headings, it is apparent the women in these cases may expect that the
NGO can provide assistance in acquiring these.
In addition, however, many women seek less concrete outcomes that appear to involve a
dramatic change in their circumstances. 52 cases explicitly request help for ‘safety’ or ‘security’
from violence. This may refer to assistance in restraining her husband or in-laws in some way,
regular protection from some outside authority or an alternative shelter arrangement. The interest
in finding help to change her fundamental circumstances is further evident in the higher number
of specific requests for divorce and the relatively low frequency of requests for help in staying in
the marriage. Finding help to stay in the marriage may depend on conditions specified by the
women, as evident in requests for help in changing his behavior generally (13 cases), specific
help to stop his extra martial affairs or his second marriage (16 cases), and the explicitly
expressed interest in getting help to return to the marriage (only 14 cases). Requests for help in
2-0
curing his alcoholism or stopping his drinking were placed in the general category ofchanging
his behavior and were occasionally cited as a condition for returning.
Alternatively, there were far more specific requests for help in getting a divorce (42 cases).
Possible implications of these distinctions are that where women can receive help in, for
example, changing his behavior and/or stopping his 2nd marriage or his affairs, they may
consider a return to the marriage. However, if not, they prefer to live elsewhere in a safe or
secure alternative shelter or simply to leave the marriage altogether. Of particular interest is the
evidence, found in the data, that the women who report experiencing at least one attempt to kill
them are all uniformly interested in leaving the marriage. This evidence comes as no surprise,
but the question would be “why do women wait for such a drastic action before seeking help”.
This is a crucial in the light of the frequency of service providers who seek reconciliation of the
husband and wife and urge the women to return to their husbands. Four of the six case workers
interviewed stated unequivocally that a “reconciled marriage” is a successful intervention.
As with the general request for security, a predominant request and perhaps a still more abstract
need found among all the cases was an interest in finding some form of what was termed either
‘peace, help or justice’. These terms were used throughout the cases and often formed a
summary, conclusion or an end to their complaint, as in ‘I just need some help’ or ‘Please help
me live in peace’ or T want justice for this’. Although it is has not been possible to do a thorough
empirical and ethnographic assessment of the precise meanings attributed to each of these terms
and the different needs they point to, some speculation is possible. In particular, the use of the
actual term ‘justice’ by women in their complaints is an important finding. In general, it refers to
a direct interest in making him accountable in some way. Usually this appears to imply some
form of compensation for a violation of his perceived responsibilities and duties. The violation
may, in some cases, refer to his cruelty or his violence or more frequently, his failure to fulfil his
duties and responsibilities as they are understood to be expected in marriage.
It is in the attention to these more abstract requests that further research can provide valuable
insights. In order for a human rights framework to be effectively implemented among domestic
violence service providers, it is essential to identify how rights and entitlements are currently
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SUPPORT: Effectiveness
CATAGORY
POLICE
natal family
COMMUNITY
martnmonal home-
of Support Sought in the Past
CASES
40
54
18
2-X
26%
60
19%
50
40
30
9%
!
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10
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SUPPORT"
2
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Fhe percentages calculated for 207 cases.
A large number of women seeking help from the NGO have sought help from other sources
before coming. Identifying where women go initially to seek help or protection can tell us a bit
about women’s perceptions of their own rights for safety, and who they believe the duty-bearers
might be. In addition, the effectiveness of these agents at responding to her requests can also be
informative.
Most frequently, women sought help first with the police, with community elders or panchayats
and with their natal families. Some women seek help in all three places before coming to the
NGO. A bnef analysis of the data shows that all three of these have not been adequate in helping
her to achieve protection, maintenance or the support she needs. Further, it is evident that none
of these have prevented the violence from continuing.
Z3
The Police
Many women describe having made a complaint or several complaints to the police.
Caseworkers report a sense that middle class women are more likely to go to the police before
coming or in addition to coming to the NGO, while women from working classes appear to avoid
the police. In the cases collected, 41 of 207 explicitly mention seeking help from the police in the
past, and several mention reporting to the police several times. It is not clear from the data
whether these women actually filed a formal complaint and registered an FIR, or whether they
were dissuaded from doing so. Without standard documentation of this at the NGO, it is not
possible to determine this. Of these cases that do identify pre\ ious police complaints however.
all 41 mention that the violence either continued or even got worse as a result of their complaint.
7 describe that, in fact, reporting the violence to the police raised the level of danger they faced
either because the police supported their husband and reinforced her vulnerability, or because her
husband used her complaint as leverage to assault or threaten her further. In one case a woman
described having been sent by the police to talk to her husband and his friends then assaulted her.
another mentioned that her husband threatened her until she withdrew her complaint. In another
case, a woman reported that police forced her to marry a man who had raped her, and then
refused to support her as she continued to be assaulted and abused by him.
The Community
All 18 of those who have sought help from community elders, panchayat councils or neighbors
have found this to be ineffective in preventing or restraining the violence. In a few instances, her
reporting to the community has increased the violence that she experiences. In one case, a
woman describes being beaten severely when her husband learned that she had gone to the
panchayat. Others describe being temporarily reconciled by elders and then having the violence
resume and increase.
The Natal Family
54 of the cases explicitly report seeking help from their natal families. Of these, 38 appear to be
able to stay at least temporarily with their families. However, they still seek help in acquiring
maintenance, custody or assistance to receive justice or a divorce from the NGO while staying
with their parents.
23 mention that their natal families are unable or unwilling to support them or that they are not
safe with their families. This occurs when her family is no longer alive or accessible, the family
refuses to keep her and forces her to return to her marriaue. because her natal family also abuses
her, or because her husband is able to find her and beat her while she is staying with her family.
7 report explicitly that their natal families are also being beaten or victimized in some way by her
husband. For example, several describe threats by their husbands to kill her family, kill her
mother, and assaults by her husband of her mother or her brother.
These results make evident that natal families are most likely the first and most frequent place a
woman may go for help and that women do often look to the police for protection and safety.
However, there is a sizable number of women who cannot be protected from the violence nor
even receive shelter or support from their natal families and are incapable of finding support
elsewhere. Further, the cases that do not explicitly mention their natal families in their written
complaints to the NGO may have included an additional number for whom the natal families is
not capable of providing support.
2,5
This data also shows that women may seek help repeatedly from many sources until they get
what they need, and that despite the ineffective response from the police, women are willing to
continue to reach out to NGOs and others
FURTHER INSIGHT PROVIDED BY CASEWORKERS
Caseworkers responded to questions about the kinds of women who seek help in primarily class
terms. 4 of 6 perceive that all classes of women report domestic violence. 2 mention that they
receive higher reports from women in the lower or working classes and speculate that these are
the women who are less likely to go to the police, and thus come to the NGO first. Women from
the middle classes, on the other hand, may go to the police as well as to the NGO, according to
these caseworkers. 3 of the 6 mention a perception that there has been an increase in the numbers
of middle class women seeking help from the NGO.
These caseworkers suggest then that the increase in numbers among middle class women is the
result of increases in education and awareness about domestic violence. That is, they suggest that
“middle class women increasingly have the voice to come out and complain”.
All caseworkers interviewed state uniformly that there has been an overall increase in numbers
of women coming forward for help from domestic violence. However, they have a variety of
different speculative explanations for this which point to both increases in incidents of violence
and increases in reporting. 2 suggest that it may be due to a general increase in expectations of
women due to increased consumerism and need for income. This may interpreted to mean that an
increased consumerism generates more demand for dowry and for control of women and leads to
more women being blamed or abused. 2 suggest that, as stated above, increased education and
awareness about women’s rights and domestic violence has encouraged more women to come
forward. And 2 suggest that women come to NGOs when they have no other form of support,
and when police and other measures fail, increased incidents lead to more reporting.
Similarly, caseworkers perceive that women don’t report at all for reasons having to do with their
class and status position. In general, caseworkers state that women don’t report because they are
from villages or lower classes and believe that they “must handle situations themselves” and/or
that they are women who believe that domestic violence is an inevitable part of marriage. Or,
X6
alternatively, women don’t report because they are from higher status families and are afraid of
society’s opinion of them if they come forward.
Caseworkers also offer that women may not report due to lack of support. Thus, while women
may turn to outside help when she has been unable to receive help elsewhere, 2 caseworkers
suggest that she may also fear or avoid coming forward until she receives at least a minimal level
of support or encouragement from somewhere.
Support offered, NGO definitions of counseling and support
4 of the 6 caseworkers interviewed considered a form of counseling or advising to be part of the
services they provide to support women. 2 consider shelter, resettlement, and economic support
to be primary and don’t offer counseling per se. One suggested that they placed more importance
instead on providing “necessities for the welfare of women”. Of those who provide counseling,
there is no consistent definition and notion of the process and the desired outcome. 2 perceive
that it is their job to listen impartially to both the woman and her husband and provide some form
of mediation that may reconcile the couple. 4 state that a successful resolution of the case would
in fact be a happy reconciliation of the couple. 2 of the 6 stated that it would in fact probably be
better (YES BUT) for a woman who has children to stay in the marriage regardless of the abuse.
2 suggest, however, that it is their job to listen to the woman, and help her to choose the solution
which is right for her regardless of whether it means continuing the marriage. 1 explicitly states
that it is the counselor’s job to “give emotional and moral support like a family member”.
Caseworkers each report being unable to provide many services that women need. Specifically,
they cite the need for more medical help, shelter, food and temporary loans that women request.
3 explicitly state the need to be able to provide women with more opportunities to earn their own
money. And all uniformly state an interest in acquiring more training in order to provide better
services needed by women.
5 of the 6 caseworkers stated that they deal with the problems of their work as the cases come
along. Only 1 admitted to feeling that the cases were occasionally an emotional drain on her and
that she drew emotional sustenance from talking to others about the issues. She also stated that
X7
there were many systemic problems faced by caseworkers dealing with the judiciary and with
insensitive police.
Caseworker’s View of Domestic Violence and Women’s Rights
Regarding their own view of domestic violence, caseworkers appear to have particular opinions
about what causes the violence and what the correct course of action is to be taken by women
experiencing domestic violence. 4 of the 6 state that women should complain about violence
only after it escalates and not in the first instance. 5 of the 6 interviewed state that a woman must
first either address the problem herself or seek primarily emotional or moral support before
seeking outside help. Of these, 3 state that she must first determine why he is beating her, insure
that she is not to blame and/or attempt to “make him understand” or “stand up to him” before
seeking help. Another stated explicitly that seeking help from legal resources “sections” are not
useful and that finding emotional and moral support is better. Only 1 of the 6 stated that a
woman who is experiencing domestic violence should approach a woman’s organization for
support and simultaneously file a legal complaint. Clearly, this reveals that domestic violence
has not customarily been viewed as a violation of her human rights.
Regarding the reasons for domestic violence, 2 of the 6 caseworkers believe that it is in fact a
husband’s right to reprimand his wife and 4 of the 6 state that they believe obedience is an
important virtue for a wife. 2 of the 6 interviewed stated that men give vent to their frustrations
by beating their wives. And 3 of the 6 state that it is probably not possible to stop wife beating
because it is so deeply mgrained in our society. 2 of the 6 stated, however, that domestic violence
may be reduced if women start earning, 3 believe that educated women experience less domestic
violence, and 4 believe that if the existing laws were implemented, domestic violence would be
reduced. In addition, 5 of the 6 women caseworkers believe that ethnic and religious conflict can
increase domestic violence. They believe that women suffer (rapes or assaults) because of the
heightened tension in the atmosphere and because men use women as targets to assert power
over their political enemies. Thus, as one caseworker stated, women are “directly affected by anv
kind of ethnic and religious strife
RECOMMENDATIONS
1.
Common formats for maintaining records and collection of data be evolved keeping
in the framework of rights.
2.
Forums be created where reflection and sharing of strategies are possible.
Mechanism of rewards and punishment be set up in the police department in cases
of violence against women
2J?
I
I
I
i
I
Questions
■{Total cases 207
Answers
No answers
1. Her age
I
2. His age
67
140
25
182
3. Her Place of Birth
47
160
4. His place of Birth
26
181
5. Her Education
147
160
6. His Education
44
163
7. What are her formal skills? (certified)
9
198
8. What are her informal skills?
No data
9. Does she/has she earned from her
formal skills?
10
197
10. If yes, how does she earn this income?
7
200
11. If no, why does she not earn an income
from her formal skills?
8
199
12. Has she/does she earn an income
from her informal skills?
1
206
13. If yes, how does she earn this income?
1
206
14. If no, why does she not?
1
15. Her native language
Kannada
54
1
206
153
Tamil
Hindi
Urdu
Malayalam
Telegu
Other - specify (marwari)
12
3o
16. His native language
Kannada
60
22
Tamil
157
Hindi
Urdu
Malayalam
Telegu
Other - specify
9
17. Does she want to work?
93
114
18. If no, why not?
24
183
19. If yes, why does she want to work?
59
For financial independence
For financial reasons only - money needed at home
For financial reasons only:
2
Is forced to by marital family
Is forced to by natal family
All of the above
Combination of the above - specify
Other - specify
148
20. Is she currently employed?
Yes
No
85
35
48
122
21. If yes, where is she employed?
Specify
90
117
22. Does her employment match her skills?
No data
23. Is she underpaid for this job?—
compared with males working there?
No data
24. If yes, why does she not change her job?
No data
25. If all constraints were taken away,
would she change her job?
No data
26. If she is not employed,
why is she not employed?
27
180
31
27. Is he currently employed?
Yes
No
108
99
28.If yes, where is he employed?
Specify
49
158
29. If no, why is he not employed?
Did not want to work
Happy to let her earn — live on her income
Could not find a job
Handicapped - specify
Due to ill health - specify
Other - Specify
54
153
30. Is she disabled in any way?
64
143
31. If she is disabled, has she received
treatment for her disability?
Yes
No
8
199
32. If no, why not treatment? - specify
7
200
33. Is she at present receiving treatment
for her disability?
9
198
34. If no, why not ? - specify
No data
35. Has she been discriminated against
due to any of the following?
Caste
Class
204
Disability
All of the above
None of the above
Some of the above - specify
36. If she has been discriminated
against for any of the above reasons
has the discrimination she has faced been at
At home
In the community
At work
Other - specify
3
204
32-
37. Is her marital family a joint or
a nuclear family?
Joint/Nuciear
98
38. How many siblings does she have?
30
109
70 28
39. How many siblings does he have?
177
175
40. Her birth order -
13
196
41. His birth order
9
198
42. Her mother’s occupation
5
202
43.Her father’s occupation
10
197
44. His mother’s occupation
2
205
45. His father’s occupation
9
198
46. Was she married or not married
Married
Not married
199
8
47. If married to this person, what is
her marital status with this person at present?
Still married
Separated
Divorced
191
16
48. Her marital status with this person at
the time the violence started?
Still married
Separated
Divorced
83
124
49. If not married to this person is
she at present:
Living with partner
Not living with partner
2
205
50. If not married to this person was she,
when violence started:
Living with partner
Not living with partner
2
205
33
51. If she is not living with
this partner at present, then:
Does partner visit frequently
Does partner visit occasionally
Does she visit partner frequently
Does she visit partner occasionally
40
167
52. What is her type and amount of income
9
198
53. What is his type and amount of income
18
189
54. Number of persons living in
their house at present
85
122
55. How are the people living in the
house related to her and how old are they?
114
93
56. How are they related to her
100
107
57. Is the house she lives in rented?
32
175
58. If yes, in whose name is it rented ?
5
202
59. If the house they live in is not rented,
do they own it?
17
190
60. If yes, who legally owns it?
11
196
61. Location of house they live in
120
87
62. If they have assets, what are they?
No data
63. Does she spend/use the income
they get from their productive assets?
No data
64. If she does not get to use/spend the
income generated form productive assets,
explain why?
No data
65. If she gets to use only part of the
eamings/income generated from the productive
assets,why she only gets some and what she
uses it for
No data
66. Does she need anyone’s permission
to use this income?
No data
■34
67. Is she does need anyone’s
permission to use this income?
No data
68. Is this income usually in
cash or in kind?
No data
69. Name of her native place
119
70. Distance between her natal
and marital home
88
134
71. Her age at marriage
63
144
72. His age at marriage
18
189
73. Family income
7
205
74. Their (husband/partner’s and her)
total income - in cash
2
205
75. Can she spend her own income -
23
184
76. If she spends her income without being
accountable to anyone how does she
spend it and under what circumstances
does she choose to spend it on what she does?
No answers
77. If she has to get permission to
spend/use her income, whom
does she get this permission from?
No answers
78. Are there any occasions/emergencies
where she can use her income without
getting permission?
No answers
79. If yes, what are these occasions/emergencies?
No answers
80. Would she like to have more
control over her earnings?
No answers
81. If she does not want to have
more control over her earnings, why not?
No answers
3S
82. If she does want to have more
control over her earnings and is
unable to who or what stops her ?
No answers
83. If cannot use/spend her income why is she not allowed to use spend it?
9
198
84. If she is not allowed to spend/use
her income - who stops her from doing so?
14
193
85.If she is not allowed to spend/use
her income - who spends it?
No answer
86. If other’s spend/use her income
what do they spend it/use it on
No answer
87.Does she get to save her income?
No answers
88. If yes she does save her income?
No answer
89. If she does not save her income why does she not save her income?
90. Does she feel she can support herself
on her own income?
No data
91. Why does she feel she cannot
support herself?
No data
92. Does she have to give part of her
income to another member of the family?
No data
93. If she does have to give part of her
income to another member of the family who is it - how are they related to her?
No data
94. Do they (husband/partner and her)
have a joint pool of money?
No data
95. Can she use/spend the money from their
joint pool of money?
No data
96. If she can spend from their joint pool
of money only sometimes, specify when.
No data
36
97. If she can never spend from their joint pool
of money then who and what prevents her?
No data
98. Does she have control over her own assets?
Example: Jewelry
No data
99. If she has control over her assets only
sometimes, specify when.
No data
100. If she never has control over her assets,
specify who or what prevents her ?
No data
101. Does anyone else have control
over her assets? - specify
No data
102. If she has control over only some assets specify which ones
No data
103. Specify when/under what circumstance
she has control over their joint assets?
No data
104. If she has no control over their joint assets,
who and what prevents her?
No data
105. Number of years of marriage -
No data
106.Number of children, their age,
their sex their birth order.
Number of children
Age of children
Sex of children
No. of Males
No. of Females
Birth order of children
107. Age and sex of eldest child
Age
Sex
116
91
15
49
82
125
108. Age and sex of youngest child
Age
Sex
109. Time - years and months
between pregnancies
No data
■37
110. Did she want these children?
Yes
No
15
192
111. If she did want these children,
why did she want these children?
12
195
112. If she did not want these children,
why did she not want these children?
13
194
113. Who decided on the number of children?
13
194
114. In all how many pregnancies has she had?
11
196
115. Does she have a say in her reproduction?
2
205
116. If no, why can she not have a say ?
2
205
117. Would she like to have more of a say?
204
118. If no, why would she not want to have
more of a say?
206
119. Has she suffered any illness
tn the past year?
Yes
No
12
195
120. If she has had an illness in the past year,
what was the illness/problem?
15
192
121. For how long did the illness
incapacitate her?
2
205
122. Was the illness related to the violence?
15
192
123. Did she tell anyone about the illness?
12
195
124. If she did tell someone about the illness,
whom did she tell?
12
195
125. If she did not tell anyone about the illness,
why did she not tell anyone?
7
200
126. Did she seek any treatment?
11
196
3S
127. What kind of treatment was it
and where was it received?
4
128. Who paid for her treatment?
No data
129. If she did not receive any treatment,
why did she not receive any treatment?
0
207
130. If she did not receive treatment, who and/or
what stopped her from receiving treatment?
0
207
131. Her drinking habits
i
206
132. His drinking habits
Occasional
Frequent
Alcoholic
23
184
133. Does he have any other habits
that affect (adversely) her?
30
167
134. For how long have they lived in Bangalore?
99
108
135. Was she related to her husband
before marriage?
3
204
136. If yes, how ?
137. Did she migrate to Bangalore?
203
204
19
188
138. If she did migrate to Bangalore,
4
did she migrate to Bangalore With natal family
With husband
With husband’s family
Alone
With someone else — or some other persons - specify
203
139. How long ago did she migrate?
4
203
140. Does her husband have other women?
25
182
141. If he does have other women,
how many other women does he have?
18
189
3^
142. Have the relationships with other
women been serial, parallel or occasional ?
6
201
143. If he does have other women, do they live together?
12
195
144. Does her husband/7partner have
any other wives?
20
187
145. Where does she live now?
With husband’s family
With natal family
With husband
Other - specify
165
42
146. Is her mother alive?
Yes
No
75
132
147. Is her father alive?
Yes
No
63
144
148. Is her mother in law alive?
Yes
No
79
128
149. Is her father in law alive?
Yes
No
69
135
150. Was dowry paid?
Yes
No
83
116
151. Was dowry paid before marriage?
206
No
8
2
6
152. Was dowry paid after marriage?
Yes
No
32
29
3
175
Yes
153. Was dowry paid during marriage?
Yes
No
62
60
145
154. Is she allowed to go out ?
Yes
No
29
14
18
178
155. If she is allowed to go out,
where is she allowed to go out?
No data
156. Why is she not allowed to go out?
14
193
157. Who prevents her from going out?
15
192
158. If she is allowed to go out,
does she have to take permission to go out?
No data
159. Whose permission does she have
to take to go out?
No data
160. If she has to take permission , is it
Always
Only Sometimes
No data
161. If it is sometimes that she needs permission,
on what occasions and/or for going out where
(place) does she need this permission?
No data
162. What time of the day/night is
she allowed to go out without permission?
No data
163. What times of the day/night is she
allowed to go out with permission? - specify
No data
164. Is she allowed to go out alone
No data
165. If she is allowed to go out alone sometimes or No data
never, then whom is she allowed to go out with?
166. If she is allowed to go out alone
No data
when and on what occasions is she allowed to go out?
41
167.When - specify when/purpose
No data
168. What occasion - (place)
No data
169. Does she watch TV
No data
170. Does she see the newspaper
No data
171 .Does she read the newspaper?
No data
172.Does she listen to the radio?
No data
173.Does she read magazines?
No data
174.Does she belong to any organizations?
No data
175. If she belongs to any organizations
which organizations does she belong to?
No data
176. If she does not belong to any organization
why does she not belong to any?
No data
177. If there was a women’s group that she could
go to,would she join this collective/group?
No data
78. Who prevents her from doing so and why?
No data
179. Does her husband belong to any organization? No data
Yes
No
180. If he belongs to any organization,
which organizations does he belong to?
No data
181. For how long had she been married at
the time of coming to the NGO/GO/Police Cell?
Years married
Qate, event, other
177
30
182. Nature of violence
This incident
Previous incidents
162
45
183. Did she tell anyone about
the violence before coming here9
Yes
No
83
36
184. Who was it?
a\ ailable in descriptive data
122
85
185. If she did tell someone about the
available in descriptive data
violence before coming here, what was the outcome9
186. If she did tell someone
did it help her in any way?
Yes
No
40
69
187,How did it help her?
42
165
188. When was the first
incidence of violence?
82
125
189. How old was she at the time
of the first incident of violence?
31
176
190. What was the frequency of
72
violence at about the time of the first few incidents?
Daily
Weekly
Month
Occasionally
135
191. How long had she been married at
the time of the first incident?
70
137
192. Where does the violence
usually take place?
Marital home
Natal home
Others
78
129
193. Are they usually alone when
violence takes place?
Yes
No
194. If they are not alone when violence
takes place - who else is present ?
109
98
63
4
10
91
116
12
79
80
127
4-3
195. What was the frequency of violence
at about the time of her coming here?
Daily
Weekly
Monthly
62
145
196. What time of day does of violence
usually take place?
16
191
197. What is the "type7 of violence
that usually takes place?
108
99
198. What is the most common,
most frequent, cause of violence?
available in descriptive data
Occasionally
199. What time of day did the incident,
before she came here, occur?
194
200. What has been the progression
in violence?.
134
73
201. Has she reported any incident
violence to the police?
Yes
No
149
58
58
91
202. If yes, what was the result of this?
40
203. Did she report this particular
incident of violence to the police?
Yes
No
No data
204. If she did not, why not?
No data
205. Did she report this incident
of violence to someone else?
Yes
No
137
206. If she did report,
whom did she report it to?
NGO
Police
121
167
70
131
6
86
97
6
4-4-
207. If she did not report this
incident why not'7
41
208. Did she come to this
organization with someone?
Yes
No
166
200
209. If yes, who did she come with?
9
198
210. Did she come here after the first the
first few incidents or after repeat incidents?
After first/first few incidents
After repeat incidents
120
87
49
211. Nature of (her) injury this time
25
189
212. Did the injury incapacitate her?
Yes
No
14
193
213. If the injury did incapacitate her,
for how long did it incapacitate her?
No data
214. If the injury did incapacitate her,
was she able to do the housework?
No data
215. If she was not able to do her
housework, who did her housework for her?
No data
216. If she was incapacitated,
did it lead to loss of work other than housework?
No data
217. Has the violence against her
led to irreversible damage?
9
198
218. If yes, what is the damage?
4
203
219. If there is irreversible damage,
explain
No data
220. What was the weapon used in
this incident of violence ?
66
32 hand
141
4-5
221. Has this weapon, been used before?
Yes
No
41
166
222. Which type of weapon has most
commonly, been used
61
146
223. Did she need medical help
for previous injuries?
Yes
No
12
195
224. If she did need help for previous
injuries, could/did she receive medical aid?
Yes
No
7
200
225. If she did not receive medical aid,
why not?
5
202
226. If she did receive medical aid,
where did she receive this medical aid?
10
197
227. If she did receive medical aid
who paid for this medical aid?
7
200
228. If she did need medical aid,
did she need permission?
Yes/No
2
205
229. If she needs permission,
whose permission
1
206
230. Did tell the doctor cause of injury
No data
231. Did the person doctor ask her
Yes/No
No data
232. Did she need medical help this time?
Yes/No
11
196
233. If she did need medical help
this time was she able to get this medical help?
Yes/No
18
189
46
234. If she did need medical help
why was she not able to get it?
9
198
235. If she was able to get medical
help this time who paid for it?
11
196
2j6. If she received medical aid
this time, where did she receive it?
14
193
237. If she did get receive medical aid
this time, did she need permission?
Yes
No
64
143
238. If she did need permission to
seek medical help this time, whose permission?
<»
239. If she did receive medical aid this time,
what did she tell the doctor?
No data
240. Did the person administering
medical aid this time ask her
Yes
No
No data
241. Was anyone encouraging her
husband to be violent?
Yes
No
89
72
20
242. If there was who was it?
74
133
243. Does anyone repeatedly support
her husband to act violently against her?
Yes
No
94
113
204
118
76
18
244. If there is someone who are they?
109
98
245. Was there anyone helping her ?
Yes/No
77
20/57
130
246. If there was who was it?
31
176
4-1
247. Does anyone repeatedly
support her during such incidents?
Yes/No
77
248. If yes, who is it?
140
184
249. Did anyone join her husband
in beating her (his time?
Yes/No
63
250. If yes who was it?
32
175
251. What does she usually do
after such incidents?
63
144
252. What did she do after this
particular incident?
106
101
253. What does her husband
do after such incidents?
19
188
254. What did her husband
do after this particular incident?
27
180
255. What made her seek the
help of an organization?
146
61
256. Why did she decide to
come to this particular organization?
11
196
257. How did she hear about this organization?
6
201
258. Has anyone else in her family
experienced domestic violence?
Yes/No
1
206
259. If yes who is it?
1
206
260. Did she ever witness acts of
domestic violence between her parents?
Yes/No
No data
144
33 30
4S
261. If she did witness acts of domestic
violence between her parents was it
Often
Not often
No data
262. Is she still living with her husband?
Yes
No
181
44
263. If yes, why?
26
181
264. What her reaction to violence.
Passive Assertive -
111
18
46
106
265 .If passive, in what way was is passive?
74
133
266. If assertive, in what way is she assertive?
91
116
267. Has this reaction changed overtime?
Yes/no
134
117/17
73
268 . If yes, is she more assertive?
Yes/No
141
126/15
66
269. If she more assertive today, why ?
109
98
270. If not, why not?
7
200
271. Was she ever thrown
out of her marital home?
Yes
No
114
93
85
29
272. If yes, who threw her out?
76
131
273. Why was she thrown out?
60
147
274. Has she/her family given dowry?
Yes/No
88
84/4
119
275. Has dowry ever been the cause
for domestic violence?
Yes/No
99
108
26
137
91/8
4-9
276. Is dowry a cause of domestic
violence at present?
Yes/No
102
105
91/11
128
277. If dowry had/has been
the cause for violence, did the violence occur due to Her inability to produce dowry
Her refusal to pay more dowry
Fear of further violence
Other - specify
79
278. If dowry was paid, was it paid/given Before marriage/wedding
During marriage/wedding
After marriage/ wedding
Combination of the above - specify
No data
279. If dowry has been t he cause
of harassment has she made a police complaint9
Yes
No
82
280 .If no, why not?
Did not know about the dowry act
Fear of further violence
Other reasons - specify
21
186
281. Why did the first few incidents
of violence happen
158
49
282. Does her husband beat
the children as well?
Yes
No
30
177
283. Has she ever had a miscarriage?
Yes
No
6
6
201
284. If she has had a miscarriage,
has it been due to the violence?
Yes
No
6
201
285. Is yes, explain
115
32
50
26
4
4
2
Not applicable
50
8
199
286. Has she ever had an abortion?
Yes
No
6
2
287. If yes, was she forced ?
Yes /No
5
5/0
202
288. Who forced her and why?
Who
Why
6
201
51
l-q.
' ••
■}
i
■
i!
5
CAM PAE GN
;;
I
■t
FOR
fl
A.CIVIL LAW
ON
:|
DOMESTIC VIOLENCE
2002
i
■i
Update and Briefing Note
J
il
■!
‘if
;l
Lawyers Collective
Women's Rights Initiative
■VI
i .
n
UPDATE AND BRIEFING NOTE
ON
THE CAMPAIGN FOR A CIVIL LAW ON DOMESTIC VIOLENCE
h
ii
Background Io 1he Campaign on a New Civil Law
on Domeslic Violence
i ;
;i i•
Our campaign for a new law on domestic violence has reached a very critical stage and an
important milestone. On the 1 1th of December 2001, the Government of India, through
the Ministry of Human Resource Development,
Development, published
published and circulated
circulated a bill, to be
introduced in the Lok Sabha, (Bill No 133 of 2001), titled:
H
: l
THE PROTECTION PROM DOMESTIC VIOLENCE BILL, 2001.
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The Bill (hereafter “GO! Bill”) has not yet been introduced in the Parliament. As we all know,
all know,
there was an attack on Parliament on the 13th of December and much of legislative business
was put aside. This perhaps explains the fact that the GOI Bill was not introduced in
Parliament in the winter session. It is now to be introduced in Parliament in the budget session,
which will commence on the 18th February 02.
Ibis delay in the introduction has proved to be a blessing in disguise for it gives us all'
an opportunity to discuss the same and its implications.
A copy of the GOI Bill is annexed.
/U- you all know, the Lawyers Collective, Women’s Rights initiative (“LCWRl”) initiated
a campaign for a new law on Domestic Violence sometime in December 1999. Since then
a seties of nation wide consultations were held with women’s groups all over the country to
discuss the proposal that was formulated by us. The response was very encouraging and there
was a consensus over the fact that there is a need for a civil law on domestic violence.
Ihe bill as reloiniulated by the LCWRl after the consultations (hereafter "LCWRl'Bill”)
is annexed.
Campaign for a Civil Law on Domosllc Vlolonco 2002
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Lowyois Collocllvo • Womans Rlghls Inlllallvo
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as proposed by the
On a comparison of the two bills, we
find that the GOI Bill, llot only falls
shore of our
expectations and of indeed what is re
dant'cmtis in in i
r
;
r
-Mnired to be done, but may actually turn out to be
°US.
IlS,
(or wotnen who arc victims of domestic violence.
violcoceCcnstsV1md'that‘C laPPZ
E0VCrnl”Cllt 1,as r,“allX recognized that domestic
..t uUil,E .rZUm^rtZl r"”' ky law-Tl,i! is""
mOad?gai,is-°1C'1CC
W°n’Cn
the^xhtenceTf do
‘’■’’'•‘T
- as Pr-J 1Z dm
tO
consistent denial of the existence of
tllC “ To
-I extent, we have
dlC Eovc“l,nc‘lt 11;ls
^und its way to recognizing
Rationale be_hind a Law on Domestic Violence
d»™«XticUvviolence.
“io,»s sSimply
cT'put,
y “the
r?
1 b“f f“of '‘'c
“d r“'"=“°" or “71“ «.
function of any law on domestic violence is to stop violence
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snvT V/0;BCn i'l
relationships. These women who are subjected to violence normally
ay n a shared household, which it!'the case of married women has conic tXdZ Jed
a tie matrimonial home". The home may be owned by the husband, by
he case of joint families, jointly by her and by her husband, entirely by her or may be
rented. What makes it the matrimonial home, is not the ownership pattern of the hom/but
Ire fact of rcs.dence m the home in a conjugal and family relationship. The 1‘ome for man
•'. > f?
iVomen has become the site of v.olcnce against them. The situation is akin to being a captive
violent home in’lo^ d'° I
bC1'’g UnC<1Ua1, tllC W°'nan “
hcld I>°«ageP n a
" I
&
have no om 0
r
1
,n
SitUatio,1S- Givcn tllaC wol»c»
have no opt ons to escape this situation, they suffer violence with no support from society
re arivcs and friends. Perhaps the only support that such a woman has is from her parental
soc£ dT
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■ Tll,,n in silu:ltio,ls of distfcss-1Iowcvcri givcn thc i,c,vasivc bclicf
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7-’anS PT' 13 1,1 'Cr husband’s
P-^cnts often push women back into
nt iclationsh.ps rather than encouraging their daughters to break loose from violent
fewTdZ bet
i’5' 1 hrIC CXiStS n° S°Cial SCCU‘ity fOr SUCl> WO‘llCn> S1‘ckcr 1,O1,,CS arc
far between and are often run m a prison like fashion, with no freedom of movement
and {
autonomy. Many of ilicm do not allow children to accompany the women. '1'here is a
sense of shame
associated with die bieakdown of a marriage and die woman is seen as the
person responsible for tl ic breakdown. Even when shelters exist, few women sec them as an
option as there is ("
discrimination against women who have come out of a bad marriage.
Thc abuser, recognizing thc vulnerability of such
a woman, hits her where it hurts most,
He and his family often ensure that she is thrown
out of thc matrimonial home or make
her life so miserable that she has no. option but to
leave thc home. 1 he harassment ranges
from:
2 Campaign (or a Civil Lavr on Domosllc Violence 2002
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Lawyers Collocllvo • Woman's Ulghls Inlllallvo
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pii/sical bcuiiii^
cinoLional (OltlUc
* nicinal abuse
* sexual abuse
dncac of violence
............... custody of the children
a long dra’-'"
a victim) and bcsid<
descried with
of a
believe that they have a
custody
cu™d;' “
perceived
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ic is sim
»r«-.is tllc „ki„6
„ElK >0 have „„
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'■ “U"/ n,c,i m„,i„ue
Statistics indicate
home wi
bcloiigs ci[licr [q
h
a --“V - not own property or the matrimonial
h-rally the lord and
n,aster of the hon
S‘
—tbers. The man is therefore
and rniasier
of the
innm See
Q some siaustics
.
nc
on i
we have talked
-c allo
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O1'“> any event arc seem'as
fa?,glltC,s wl‘° ll:‘ve little c_____ ; .;iu7”
SCCn " llavin« no rib'K to continue toZ n. thHmme
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“laniCCj
--------in the I
pJinits, seen as a nuisance
nuisance by
hv,-l.;i.i......
.
childre, '
"‘“call such victims ofab
t :ddt Tbi™ - -.. -
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marnage at all as essential ccre.nonics of th
C *'Clatio,,sllil’ b‘«'<s that there was'
--“age took place. There are also situ t o,
?1TagC WC‘C ,1Ot P^rmed when Z
has come to be described as conmton law marrZcs'f PC°|,,C|',aVC livcd tO^lllcr hi what
face violence within the relationship.
E
SCVC‘al >'Ca,s :llld ‘^h women too
r ,address all .these Pmblcm^tnZcZ
shared houscho.ld".
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h, must
Wllicl'
’damentally, must protect the right to reside in the
die intimate nature of the rclationd ' ’ i
onships
connnon space,
unequal relations
°f living together in a
*
—S12f§_which determine lhe succpcc
r,
it should dicrcZZZZTZZhTfj ---------—-g-dgmeslicj4oience iaw
0“ the following factors:
1-
' 1C SUCCCSS °h any law on domestic violence depends
A declaration of basic i
“Kent of the la w, namely, the object of preventing domestic
violence.
Campaign for a Civil Law on
nomosllc Violence 2002
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Lawyors Collocllvo
Womon's l?lghls Inlliallv© 3
1 he UN hanicwork for model legislation on domestic violence senes:
‘AU dels of gender-based physical, psychological and abuse by a family member
against women in the family, ranging from simple assaults to aggravated physical
battery, kidnapping, threats, intimidation, coercion, stalking, humiliating verbal use,
forcible or unlaufd entry, arson, destruction ofproperty, 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 such
acts shall be termed "domestic violence”."
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As a signatory to CEDAW and the Beijing platform of Action we have accepted the
following definition of violence:
The term violence against women” means any act of gender-based violence that
results in, or is likely to result in, physical, sexual or psychological harm or suffering
to women, including threats of such acts, coercion or arbitrary deprivation of liberty,
whether occurring in public or private life. Accordingly, violence against women
encompasses but is not limited to the following:
a. Physical, sexual and psychological violence occurring in the family, including
battering, sexual abuse offemale children in the household, dowry-related violence,
jnarital rape, female genital mutilation and other traditional practices harmful
to women, non- spousal violence and violence related to exploitation;
b. I hysical, sexual and psychdlogical violence occurring within the general
community, including rape, sexual abuse, sexual harassment and intimidation at
work, in educational institutions and elsewhere, trafficking in women and forced
prostitution;
c. Physical, sexual and psychological violence perpetrated or condoned by the State,
wherever it occurs.
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1 he Gencial Assembly Resolution adopting the Declaration on the Elimination ofViolcncc
against Women (A/RES/48/lOd, 20 December 1993) also defines violence against women
in similar words as the CEDAW and the Beijing Declaration and Platform for Action.
1 he LCWRI proposal defined domestic violence as follows:
domestic violence means any act, omission or conduct which is of such a nature
as to harm or injure or has the potential of harming or injuring the health, safety or
well-being ofthe person aggrieved or any child in the domestic relationship and includes
physical abuse, sexual abuse, verbal and mental abuse and economic abuse.
Explanation
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physical abuse” includes any act or conduct which is of such a nature as to
cause bodily pain, harm or danger to life, limb, or health or impair the health
or development of the person aggrieved, and includes assault, criminal
intimidation and criminal force.
ii) "Sexual abuse” includes any conduct ofa sexual nature that abuses, humiliates,
degjadcs or otherwise violates the dignity of the person aggrieved and includes
t
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Campaign for a Civil Lavr on Uomosllc Vlolonco 2002
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Luwycts ColiQdivo • Woman's Rlghls Inlllallvo
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•>w.^ ■Ttt.Tncmty.ti wxr*
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sexual intercourse a^tinst the will or without the content ofthe person aggrieved
and refusal to co operate in contraception when the person aggrieved may
reasonably require.
Provided that where the tpcison aggrieved is below the age ofsixteen, any sexual
intercourse, whether or not against her will■ or without !)cr consent shall amount
to sexual abuse;
tti) sexual abuse* of a child includes
any act or conduct oj a sexual nature that
abuses, harms or violates a child m a domestic relationship.
iu) verbt.l and mental abuse”
includes insults, ridicule, humiliation, degrading or
name calling, including
insults, ridicule or name calling specially with regard
to not having a child or
a male child, or ;
repeated threats to cause physical pain to any person in whom the person
aggrieved is interested .
0 "economic abuse” includes
a) deprivation ofany or all economic orfinancial resources to which the person
b)
aggrieved is entitled under law or custom whether payable under an order
oj court or otherwise or which the person aggrieved requires out ofnecessity,
including but not Limited to household necessities for the person aggrieved
and her children, ifany, stridhan. property, jointly or separately owned by
the person aggrieved, payment of rental related to the shared household and
maintenance;
disposal of household cfjccts, any alienation of assets whether moveable or
immovable, valuables, shares, securities, bonds etc or other property in
which the person i^^pt^ved has an interest or is entitled to use by virtue
of the domestic relationship
or which
which may
reasot.
y or
may be
be reasonably
required by the
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person aggrieved or her children or her stridhan or at.'iy other propertyjointly
or separately held by the person aggrieved; or,
prohibiting or restricting continued access to resources or facilities which
the person aggrieved is entitled to use or enjoy by virtue of the domestic
relationship including access to the shared household.
Wliytl ion has the government chosen a definition, which hides lather than reveals the true
dimensions of violence against women? The
- —-- * answci given is that all forms of violence will
be covered by the expression in Section 4(1) (c) of the GO1 Bill “Otherwise injures or harms
Ilie aggucved person". 1 hat leaves everythin,- to the imagination of (he judge and to his/her
individual perception of what is violence and what is not. The purpose of a law is to provide
the framework of guidelines within which judges arc to make decisions. This is the trend in
all modern aw inaking. 1 here arc certain acts which must be considered acts of domestic
violence and it is for the law to lay down what these acts are. This is how all laws arc framed.
Residuary clauses arc meant to cover unforeseen acts of domestic violence, which fall into
a pattern similar to the one defined.
ConipalQn lor a Civil Lav/ on Dornosllc Vlolonco 2002
Lawyeis Coiiocllvo • Wonion s Hlghls Inlllolive 7
fhc GOI Bill fails to define domestic violence and washes itself off the icsponsibility of
defining it and leaves it to judges to decide. This leaves too much to the meicy of the judge
and too nttle to rights of the person aggrieved. The definition docs not use the language of
rights and uses instead the outdated concept of conduct making “the life of an aggrieved person
miseiablc . It docs not even define cruelty.
An analysis of the definition adopted by die LCW1U shows that it not only follows
international legislative trends but also that it is based on the UN framework for model
legislation on domestic violence and on the definition of violence adopted by CEDAW. There
is m the GOI Bill, a persistent denial to recognize (hat domestic violence exists and the need
to articulate its various forms. 1 his definition will defeat the very purpose of the law and
will render it meaningless for women, if not make their position worse.
It might foreclose the possibility of arguing that sexual abuse, economical abuse, child
sexual abuse arc forms of domestic violence. Anyone who has argued cases on behalf of women
in abusive situations will know what an uphill task it is to convince a judge that violence
exists and what arc its manifestations. Even when convinced, judges tend to think that their
role is to preserve the marriage” by condoning the violence and asking the woman to “forgive
and forget”. Success for a judge or for the law is seen as the ability to “patch up the marriage”
and hope for a fairy talc situation in which the man and the woman arc suddenly transformed
in a manner that the violence disappears. The root cause of the violence is neither seen nor
adorcsscd. V/c have often heard judges wy, “I succeeded In persuading the husband to take
her back . How many of them have monitored what happened to the women after she went
back? How many of them know that condoning violence leads to more violence? How many
of them have seen cases where the condonation of the violence and acceptance of it has led
to further violence and in some cases, even death of the woman in the matrimonial home?
The role of the law is to condemn domestic violence in all its form unambiguously.
Lawmakers must realize that the best guarantee of successful marriage is the unconditional
condemnation of violence by one partner against the other and the declaration of the right
to be free from violence in all its various forms. The definition fails in this respect.
NO DEFINITION OF 'RELATIVE'
<1 he GO! Bill docs make it possible to file
file aa complaint
complaint against
against a “relative”. This means that
sistcis, daughters and mothers will be in
in aa position
position to
to file
file a complaint against the abuser.
However, it is debatable whether a woman who has been led to believe that she is married
to a man but is not actually married for want of compliance of essential ceremonies will be
able to use the law. In all probability she will not be considered a “relative”. This will also
be the case in bigamous marriages as the husband who enters a second marriage will not be
considered a relative” of the second wife, leaving such a woman vulnerable to abuse without
a remedy.
Section 4(2) seems to suggest that a plea of “self defense’.’ will be available (o a man when
faced with a complaint of domestic violence. 1 his is a ploy to undo the main provision as
8 Campaign for a Civil Larz on Dornosllc Vlolonco 2002 •
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lowyois Collocllvo • Women's Ulghls Inlllallvo
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•a ‘'.tan can always say that he was
trying to get out of a scuttle,
«'» fij'Jit between himself and
*“S wife or between his wife
•nid his mother and caused the
injmy complained of, not
‘Ulcniionally, but in older to |
Piorcct hintself. Such provisions have been used i
------- in many other
countries against women. Often i
— ■ and
m criminal
law, the police, when ihcy
of violence arrest both the man
the
arrive on the scene
woman, leaving dlcln lo p
h[;ht it out in a court of
aw as to v..|
s to blame. This provision muse be d
------ J lopped if the woman is intended to
be protected from violence
OMISSIONS FROM THE GOI BILL
The Bifi°c1C
U'C "'Ti 1‘”PWtaut o,Ilission from the Bill.
UC Bill contains no declaration of ri-hrs '('1^ '
■n a domestic relationship has the right w red I
'7'°
“,ll‘c:ui,’K lllat lI’e woman
a provision makes the entire exe77 ‘ , at m "1
,lOUSC1‘OkL Ab—
-d.
^n.Iicanton.issionfron, our n.atrimonid laws sth f
7 W
TI1C ,UOSt
Muslim, Christian or Parsi, contain any such’de I
' ‘‘T
'1'OI1C °f dlC‘n’ wl>cthcr Hindu,
home. As explained earlier tlm- i /
dcclarat'011 of:1 right to reside in
the matrimonial
matrimonial home. 'Phis is the c $ 1
7d’C vu,1,cralj‘l‘ly of ;
a woman in her
on to the street and blackmaiHic
aCC0''’W “cl1‘nakcs ic Possible to drive
out a woman
Mien the courts talk of a" 7 !
“
tO an
element.
In today’s context
a return to the
consent giving up the
even for divorce on the ,
r,
dcCCnt all,"oi’y. Oft cn the woman is willing
she r«„
X™ ; L
O'™ “-i'll-, or custody
■ of the children which
of the children UI1J„ .I.L GU re
“'““i""'!: d“ -l'« b'licr is
°f bargaining away her rig Ms hVr^u^il'thed01'WOld5' tI1C WOnia11 ‘S faccd witk tke cllok
v»k...
••4
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J °FOL; r'“ “ <,,rr' “" .. .... .
tu.n
the
dubious
and her
Iter ohildre..
children '
and sometimes her stridhan. Awards
forfor
°lit'n
’ony^'
005 benefit of“a ddivorce
'V°‘CC and
yZ
aic notoriously
continued payment month after mondi■ T ,non
Z
‘dKOn°r,y mi
‘“‘Z a"d d‘pc"d
payment month after month. They arc
also dependent on
-••J the lace that she docs not remarry. What
one remed
an
woman has the right to
reside Ihi dw
f .baled
» -I.',n
rlbJUs me guaranteed and
mostthat
nnportandy, the right to life and liberty, the right
to be secure in one’s person. Any nation
be considered civilised at all. If the GOI Bill d cannot guarantee that right to its people cannot
to securing die right to 1"'
l;or most women, life is where the
■natumomal
deadt is also where the home is. 'ffie biyi-est
diren home .s and today the situation is that
m hie and hbeny (or a vast majority of
lrail dlc
iccognnion of this fact is the basis of all
in rl,r I
c m
b
guarantee to ensure that violence1011 oh the right to reside in the
will be prevented. It must exist
■» ■'.< 1». mi,„B
lra
bc rc.ccicj
txzzilt^T
™'ld- ■"» "-d
movement.
Campaign (or a Clvl, Luw „„ Do||ws|(c
lUV^'Uis Colloclivo • Womens Rlghls Inillalive 9
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RELllzFS IIIAT CAN BE GRAN I ED
Concsponding io die omission on die part of the drafters to grant substantive rights to the
victims of domestic violence, there is an omission in the section dealing with the relief that
can be granted.
Section 14 of the GO1 Bill deals with ‘Protection Orders’ enabling
a Magistrate to pass
three kinds of orders against the respondent:
p
E;
r
refrain from committing any act of domestic violence;
pay such monetary relief as the magistrate deems just; and
pass such other directions as may be considered necessary.
If the purpose of any law was to be brief, then this drafting would get full marks. Indeed,
it could have only said that the magistrate may pass any order
as hc/shc deems fit!
As against this, the LCWRI Bill had proposed the following orders:
I1
Protection order.
a)
The court may pass a protection order prohibiting th<r respondent from:
•
•
committing any act of domestic violence;
aiding and abetting ini c/jc commission of acts of domestic violence;
•
entering the place of employment
<
of the person a^ricvcd or, if person
aggrieved is a child, its school, or any other place Jrc(jnenled by the person
aggrieved;
entering the residence of the person aggrieved;
I:
attempting to communicate in any forni whatsoever with the person
aggrieved, including personal, oral or written, electronic or telephonic
contact;
committing any other act as speeijied in t/je protection order;
alienating any assets, operating bank lockers or bank accounts used or held
or enjoyed by both parties, cither singly or jointly; including her stridhan
or any other properly held eitherjointly or separately by the person aggrieved;
causing violence' to the dependants, other relatives and persons who give the
person
aggrieved assistance from domestic violence.
1 he court may impose any additional conditions which it deems reasonably
necessary to protect and provide for the safely of the person aggrieved or any
child.
While passing an order under Section 5(a) or (b), the Court may also pass an
order directing the police to give protection to the person aggrieved or to assist
her or the petitioner in the implementation of the order.
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The court may direct the respondent to return to the possession of the person
aggrieved her stridhan or any other property or valuable security to which she
is entitled to either singly or jointly
10
Campaign for a Civil Law on Domosllc Violence 2002
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Lawyers Coilocllvo • Woman’s Rlghls Inlllallvo
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The court may direct the Protection (----Officer or any other authority to remove
the penan a^rieu^l <0 a place of safely such as any sborl slay borne run by
> as any short Slav home run
any accredited service provider.
The court shall in all cases where it has passed a protection order under this
icclLou. order that a copy ofsuch order be given to the protection ojjicer in charge
of >e area and to any accredited service provider located within the local limits
Of tbe jurisdiction of the Court.
Monetary Relief
mid Tsses
tl,C.
‘aP''y ^notary reliefto meet tbe expenses incurred
and losses suffered by the person aggrieved and any child as a result of tbe domestic
violence and includes but is not limited toJ
•M
loss of earnings;
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medical expenses;
loss caused due to the destruction, damage or t
removal of any property fro tn the
control of the person aggrieved;
maintenance for tbe person aggrieved as well as her children, if any;
compensation for the domestic violence inflicted upon tbe person aggrieved
Copies ofan orderfor monetary reliefshall be forwarded by the Court to tbe concerned
protection officer and to tbe Station House Officer of tbe police station witbin whose
jut nciiciion tbe respondent resides.
The respondent shall pay monetary relief to the person t
'
^^fieoed within the date
specified m the order made in
i, terms ofsub-section (a) and in accordance with tT
je terms
l/jere.
The protection officer may, upon the failure on d
the part of the respondent to make
payment in terms of
sub-clause
(c),
by
an
order,
direct
•' ✓
----------- - an employer or a debtor of the
respondent, to directly pay to the person
aggrieved or to deposit with the court a portion
y>i
of Che wages or salaries or debt due to or accrued to the credit oftbe respondent, which
amount may be adjusted towards tbe monetary reliefpayable by the respondent.
Residence order
The court may pass a residence order to:
restrain the respondent from alienating or dispossessing the shared household or
encumbering the same;
restrain the respondent from iicnouncing his rights in the shared household except
in favour of the person aggrieved;
•
require the respondent to permit the picrson aggrieved to enter and remain in the
shared household or part thereof;
prohibit, suspend or restrict the exercise by i/j'et respondent of his right to occupy
the shared household;
Campaign lor a Civil Law on Domosllc Vlolonco 2002
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Lawyois Collocllvo • Woman's Hlghls Inlllalivo 1 1
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"^dfron. the shared
• <brcct t/Je respondent to secure alternate acconunodation for the persot.; a^rieued
h t
y
court ‘is of Opinion
<br tttodl be harnful or injurious for the person a^rieved to Hue Jith the
sponeent tn t lc shared household, hauing regard to the circumstances of the
"if “,i: 'f““- "’r .....-•
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Custody Order
mad0^a C0"^a,,U °fiex'“d
vran't ‘custody CCr‘ihlI,j,"l'a^C'':
"f* child has been
‘h“‘ S"ch "llc&“bon is true, the court shall
'"■‘•"for
Compensation Oideis
Thet
?
“
Ofdomes“c v‘olcnce committed by the said respondent
b„„
pdfd'fd ff'ff
under this Act shall be
set ojf.
bC CXCCM
^'"cc. f any. left after such
fhese are standard features of any domestic violence legislation the world
only conrlude that die absence c
over. We can
of diese provisions is intentional.
Domestic violence law is in die
A?*"'? °f ™,
kgijtmo,, al,J is
|
immediate relief from v:„l
™lTO Ofc.,
12 Cornpalgn for a CM, law on Dornosllc Violonco 2002
v„!c,„ is diraed „„ „„|z i6i.
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Lawyois Collocllvo • Woman's lllghis Inlllallvo
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■withhold a woman’s ow
'
’“I’*’"!'1 slru«ulcs> dcll>'
to essential services and to
way of achieving this
°l C I'!dlcn 111 a“ :‘ll<-in|>t to blackmail. The most obvious
of restore ion exist
l"
' “°W ' ’C WO"la'1 °Ut °f tllC l'ouscl'<)ld- Unless the power
having this | w ‘,C,nOVC-M
SP°USC CXiSlS’ ,1,CiC '
*’Ur>’°SC
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• Enticed, it is even possible lor judges to argue dint die absence of such
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'-.J: no .nd, .,J„ d, tdg^, 1“ ii
dLr dlncdon'” m ' 7
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tn given under il,e provisions
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C consl^crc,J necessary”. Considered necessary by whonP We know
pdr‘
~ “1“ fl“ d°““'
•t-v n-I
spcic out. what is the reluctance all about?
The omission of the power to restore a woman to t’
the matrimonial home is justified on
the ground that women who have been treated with violence do
---------- —o not want to go back to the
niati inionial home. Idcre is a <classic ease of the woman’s victimisation being taken as the basis
for further victimisation. A woman who faces violence d
.
....... ......... .. “‘v''u ’'VKutu docs not want to po back bccnii«;r nf
t,i
‘ 1i
’,
‘,
JC vio cnee, I le so uuon she seeks is not homelessness hue a right to live in the home free
from violence. It
is then1 argued, "where is the guarantee that if a woman is restored to her
-----------matrimonial
home,
the violence
will
matrimonial
h
li
? rt0P; A ,r“antlatorX law directing a woman to be restored
to jmatrimonial home will not work for the woman”. The answer to that is that if the abuser
knows that the woman docs have
- ..-.e a right to be there in the Gist place, he will be less likely
to feel that he can get away with
' the violence. That is the primary guarantee; the existence ■
of her right! Moreover, why is it not
possible to direct a repeatedly abusing spouse to leave
die matrimonial home? It is nobody’s
case that all the women must be mandatorily put back
into the matrimonial . home, 'i........
’hat iIs a decision that will be taken from case to ease. What
thc law must provide is the power to pass such order if the situation so requires. What, then,
is the reluctance tto pass such a law? It seems at the root of the reluctance, is the male supremacy!
the dcsiic to safeguard the properly of the
•
■ llla'b even over the life of die woman. First, we
need clarity that i'through tins law, the women’s movement docs not seek to transfer property
from the man to the
■e woman, but only seek a guarantee of the right of a woman in a domestic
situation to live in the home free from violence.. Her long-term rights will have to be worked
out in matrimonial litigation as iand when it is commenced. This grave omission must be
viewed
the fact that
....in die
,. light-of
.. .
< none of die marriage laws in this country provide for an
quitable distribution of the matrimonial property on the breakdown of a marriage. The
reakcown of a marriage in our society with its attendant discrimination means virtual civil
death for a woman.. She is often left with the responsibility of bringing up children, with
.
no guarantee diat her children will be able to claim their rights at an appropriate stage in
■ Her Juldicn acquire no rights at birth (except Hindu male children in joint Hindu family
piopeity and a matrimonial dispute can lead to a total disinheritance of rights. When children
giow and their needs multiply, she is left to fend for herself and her children. To take a decision
to obtain a divorce is a dccis.on, which not only has emotional consequences, but also is almost
like choc sing between violence and civil death. This makes out a
very suong ease lor changing
our matrimonial laws by introducing a law of matrimonial
properly.
Campaign (or a Civil Lav/ on Domoslic Vlolonco 2002
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1 lowevci, given the experience of the law making, process in relation to the domestic
violence lep/islaiion, we do not see that happening in the near futuie. In the absence of such
legislation on matrimonial property rights, a proper law on domestic violence is a must.
1 be piesent law is a complete sell-out of the tights of women. We must resist the attempt
and demand that the State perform its most elementary duty, the duty to protect the life and
liberty of its citizens in an effective way consistently with its Constitutional and International
obligations.
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PROTECTION OFFICERS AND THEIR ROLE
rhe GOI
Bill -provides for the appointment
of---------------Protection----Oldiccrs. 1 hey have very important
.
**
functions. It is the duty of Protection Officers to inform women of their rights under the
Act to obtain orders under the Act. There is no point in having protective laws of which
women arc not aware. Few women care to know their rights when entering into a marriage
or a relationship. However when disputes arise, they want to know their rights. T hey arc often
left to their own resources, often private lawyers. In the last few years, NGOs have fulfilled
that role, but given the magnitude of the problem, they cannot fulfil the unmet'need. The
State has the responsibility to meet that need and Protection Ofliccrs have that function to
perform. 1 hey arc also intended to assist a woman in filing a complaint and perform all such
functions as may be delegated to them by court orders. The Protection Officer, on the request
of the aggrieved person, is also'supposcd to assist her in bringing about a settlement. Once
again, much will depend on the sensitivity of the officer and what hc/shc understands by
settlement". If no settlement is arrived at, he/shc will file an application to the court, if so'
desired by the woman.
One vciy welcome feature of the GOI Bill is in Section 10,
on “service of notice”, the
I i.otection Officer is required to serve the court notice on the res
ponclcnt, taking care of a
major problem that women lace in serving proceedings on the respondent.
OTHER FEATURES OF THE BILL
Mandatory Counselling
Section 11 contains a very dangerous provision providing for the woman to undergo
mancatory counselling with the abuser. This goes against all accepted principles of counselling.
7 he victim and the abuser arc in an unequal situation and no joint counselling is possible
in that situation. It can only lead to further disempowerment of the unequal party. The section
uses the word mandatory counselling”. Mandatory counselling is one of the methods of
•correcting abusive behaviour. It is ridiculous to enable the Magistrate to insist on “mandatory”
counselling of the innocent party. Such counselling can only end up convincing’ her to accept
her situation of disempowerment as being normal and to continue in a violent marriage.
Counselling for the innocent part can and should only be voluntary. This is especially
dangerous given the fact that even under the existing dispensation, judges and Crimes Against
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Women Cells of ib.c Police <
constantly goad women into so-called "reconciliation" sessions
wbcic ilicy arc made ‘‘agree” to “scitlcmcms”.
Section 12, which permits assistance of experts. This is a welcome provision. However
•X
"familv wclfi"" T1 “ T
“ SUC1‘ 3,1 CXPC,t
3 i’C‘St>U wl'° '
i" promoting
P‘ov,51o“ "'use be dropped, as thc welfare of the family docs not
pTchim'thcnfa I1"2 ' the
I' WClfarC
°f the
tkC abUSCd
welfare of
abused WO'“Cn- k fcIlcCtS tllC Sa'"c
patching the family together' as
any
cost,
most
as any cost, most often
often at thc cost of he woman.
Sendee Providers
I his !S a welcome recognition of the role of NGOs who are described as service providers
.hdfo A
f ,A
a
d
'
lfi“r
1’““"
,"k ‘1“
°r>
> « omC“ywl,ris “rof
i«luJh.E KKdical
and
provide, in diad.argi,,, |,i,/
viofc"“ ™
.
can
1 rotcction Officer of such violence. 1 he Protection Officer can then assist the aggrie -ed
can
woman in reaching a settlement.
aggnc.cd
Offences and Penalties
Under Section 18, breach of a protection order
cai1
lo a conviction and imprisonment
for a period up to one 1year or Wuh fine
"
up to Its 20,000 or with both. It is important to
understand that this law is in addition to and not in
ii
i : i
-----------------noc
derogation of any other law. which
Co'*x.• Z
rC",Cd/ under
Under Scction
/198A of
Of the Indi
Indian Penal Code will continue
. ,nCa"S aC lllC
...e remedy
Section 4?8A
3 he LCWRI Bill in Section 22, had provided for the issuance of a warrant of arrest while
.uinB a protccuon order. However, this warrant of arrest was to remain suspended. It could
be implemented tf there I5 a breach of the condition of the order to which it is attached,
violated^th f‘ 'r311 amdaV‘Cm ' 1C
bcf°rC thc ‘J°licc 5tatiou tlm tlle
has been
violated thc police officer will activate thc warrant and make thc arrest. This provision is
the "i T •rCVC||K |tllCW0‘nan llavinB to B° all over again to the court and complain of
. he oreach, virtually having to reargue the case before the judge. It is also based on die fact
j , a a competent court has already come to thc conclusion that domestic violence had been
ommitted, that is why thc protection order is being issued. Strangely enough, the GOI Bill
makes no provision for cognisance of die offence under section 18, that is breach of the
protection order. This is a very serious omission. It must either contain a provision for a
suspended warrant of arrest or mention that an offence under section 18 is cognisable and
l-bailable. A woman who complains that a protection order has been violated must have
he tight to approach a police station and have thc ollendcr arrested to be produced before
ic court for violation of ns orders. Bailing such a provision, a man can violate thc order
With impunity, secure in die knowledge that there will be no immediate consequences to be
Campaign for a Civil Law on Domosllc Vlolonco 2002
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JURISDICTION OF TI IE MAGISTRATES
Unlike the LCWRI Bill, which envisioned an application lo be made to a civil court, the
GO! Bill enables an application to be made to a Magistrate’s Court. It is suggested that the
Magistrates Gourts arc more accessible. 1 his may not be an advisable move as domestic
violence issues arc often connected with long-term matrimonial
matrimonial disputes
disputes which
which arc
arc decided
by civil courts. Ihe LCWRI Bill suggested, relief under this domestic violence law should
be granted in any other proceedings that a woman might commence. Thus, for example, if
a woman has filed a suit for partition of the matrimonial property which is jointly owned,
or lor divorce or separation, she can, in addition, claim relief under the domestic violence
law. Similarly, in a criminal proceeding initiated by the person aggrieved such as, a Section
498A IPG complaint, orders under the domestic violence law can be obtained. Conferring
the jurisdiction under the GOI Bill exclusively to Magistrates and that too, in separate
pioccedings would result in multiple litigation, an onerous burden for a victim of violence.
However, even if the object of accessibility is to be resolved, it is essential to ensure that the
jurisdiction to grant pmtection orders to lhe Magistrate within whose jurisdiction die person
aggrieved resides temporarily or permanently or where the respondent resides or carries on
usincjS or where the cause of action arose, lhe GOI Bill does not specify die Magistrate
who will have local jurisdiction to try such cases. In such a case, it is not clear whether a
• .■<
woman can make a complaint to a Magistrate from her place of residence, even if the
respondent docs not reside witljin the local jurisdiction of such Magistrate.
IMMUNITY TO PROTECTION OFFICERS
Section 21 of the GOI Bill contains a provision for the protection from civil or criminal action
against a Protection Officer for any action taken in good faith by him/her. 'Phis protection
must be extended to service providers. We have handled several cases of women’s organizations
that have been prosecuted for kidnapping, when assisting a woman in getting her children
out of an abusive home, for defamation when saying that the abuser may have been a child
molester etc. Such groups performing a very valuable social function must be protected against
the harassment of the law, which is often used as a tool to shield and cover up abuse.
One of the most problematic aspects of the appointment of Protection Officers is the
quahncation for the appointment of such officers and the method of appointment. During
picvious consultations on the Bill, an apprehension was expressed that the government of the
day would simply appoint protections officers from amongst the members/supporters of the
party to which they belong, or in any event make arbitrary appointments. Since the Protection
Officers do play an important role, a fear was expressed that they would degenerate into
another bureaucracy and that some mechanism should be put in place to prevent this from
happening. One safeguard that we suggested was that these Protection Officers will function
under the supervision of the courts.
lhe GOI Bill in Section 19 provides for the prosecution of Protection Officers for failure
to discharge duties as directed by the Magistrate. This must be changed to “directed to
16
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targe o duties under the Act”. We suggested two very major safeguards. One, that anyone
C have a nglic to be appointed as a Protection Officer and the other, that the process of
aitpo.ntnient should be transparent. This could be ensured if the post of Protection Officer
as filled by advertisement inviting applications. Since Protection Officers arc meant to
inform women of then rights against violence and their rights to access the law and the services
of the service providers, they must be qualified to do so. The question was therefore debated,
what should be the qualifications of Protection Officers? One view was that they should be
qualified social workers Most of us felt that this would be an ideal situation but that it was
po sible that social workers may not exist in all situations, more particularly in rural areas
and that re may be better to appoint women who have had a certain number of years of
experience in dealing with women's issues and a proven trace record of working for women.
hers suggested that Mahila Panchas should perform this role in rmal areas. The general
ecling was that the State Governments should prescribe the qualifications depending on the
situation in the State Perhaps the best situation would be to insist that the person is a qualified
social woikcr but also make provision for appointment of a person who has worked in a
womens organization for a certain number of years and has the experience of dealing with
omcstic violence. Whatever be the qualifications, the Bill must state very clearly that the
appointment will be through public advertisement with an opportunity to every qualified
person io apply for the pose.
MECHANISM OF THE IMPLGMENTAIION OF THE LAW_____________
The creation of a post of Protection Officer presumes the Government is willing to commit
r“ouices to the makmg of tins law a success. There is no such commitment in this law at
all. I here is no FINANCIAL MEMORAMDUM" accompanying this law. Where will the
Protection Officers come from? Who will appoint them? Who will pay for their salaries and
expenses? blow will they/ assist women? Who will pay for the drafting of the applications' that
they are supposed to present to the court? Who will provide for their transport or the transport
ot a woman to a place of safety?
MONITORING
We must realize that Governments have fallen into the habit of passing laws without any
•<
intention of making them a reality. The monitoring of the implementation of the law is as
crucial as having the law itself. We had therefore suggested that setting up of a Coordinator
lor the 1 rcvention of Domestic Violence, whose function would be to investigate into the
functioning of the law, make annual reports, review the existing law plans and execute training
programs.
°
It has often been said that there is no shortage of laws in the country, what is lacking is
the implementation of these laws. The will to implement is lacking. In the case of domestic
violence, there is a lack of political will to even address the problem and the same is evident
tom the fact that till date, there is no law addressing domestic violence. Our effort is to bring
Campaign for a Civil Law on Domosllc Vlolonco 2002
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suck a law into existence, but one that will truly serve the function of preventing and
addressing the problem of domestic violence. But the law itself must contain the mechanisms
lor implementation and monitoring.
THE V/AY AHEAD
1C appointment of Protection Officers is meant to be a recognition of the fact that not only
must a democratic State, committed to the principle of equality and protection of the right
to hie, guarantee the same by law, but must also, by affirmative action, provide the means
y w rich the right can be actualised. Our laws must recognize that the woman is not in a
position to exercise her rights unless she is provided with the means to do so. It is said that
ignorance of the law is no excuse. If that be so, it is equally the duty of the State to publicise
t ic law, to send the signal that domestic violence is not acceptable, that women have rights
against it and that the State will make available its resources to the woman to exercise her
rights. 1 hat is the concept behind providing protection officers who perform outreach
unctions beyond the confines of the courtroom, and who will help to make the court orders
mcamngfu . Affirmative acuon and special provisions are required where parties arc in an
unequal rclacionship of power and this is one such situation.
Legislative mindsets have to change, a law must not only be passed but its implementation
monitored, hence the need for a Coordinator for the prevention of domestic violence. Public
interest messages against domestic violence must be broadcast through public interest media
and this too must be the mandate of the law. Training is also mandatory, not only for
piotcction officers but also, more importantly, for Judges. This too must find a place in the
law, rather than be left to the whims and fancies of decision makers. Lastly, the law itself '
must contain budgetary provisions, as indicators of the commitment of the Government, for
the use of prevention of violence against women. Examples of such laws exist in the field
of
violence legislations across the world. The Prevention of Violence Against Women..
i r 1 IJasscd
^1G Clinton Administration mandated the US Congress to commit large
funds for the prevention of violence against women. These funds have been used for providing
social workers attached to police stations, research and documentation, training, setting up
o separate shelters, public education campaigns, training of the police and various associated
purposes.
We, in the women’s movement have a long battle ahead of us. Getting the government
to politically commit itself to pass a law on domestic violence is a victory no doubt but an
incomplete one. •.
In a democratic country citizens have a right to participate in the framing of legislation.
We must insist that:
- “Domestic violence” is <defined in accordance with die UN (ramewoik for model
legislation on Domestic Violence;
1 he right to reside in the shared household is included;
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{
•
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I he law should enable judges to pass orders of residence, restraining dispossession.
restoring possession;►
Law should enable grant of monitory relief, custody and compensation;
1 here should be no provision (or mandatory counselling lor the woman;
Protection Officers arc appointed through an open process of inviting applications from
all <|ualihcd persons through ailvcrtiscmcnts in a iianspaicnt manner;
•
A suspended warrant of arrest is attached to the protection older or in the alternative,
violation of a protection order is an offence which is cognisable and non bailable;
•
Fhc government commit substantial funds for the appointment of protection officers
and for the implementation of the Act;
• Widest possible publicity of the law is given;
• 1 he government provide for training of the law enforcement machinery;
• A Coordinator for the prevention o( domestic violence is appointed;
• Legal Aid to victims of domestic violence should be readily available.
INDIRA JAIS1NG
Lawyers Collective
Women’s Rights Initiative
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DOMESTIC VIOLENCE
NCPB, MINISTRY OF HOME AFFAIRS FIGURES
. i
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Dowry Deolhs
I.
Incidence of dowry death eases also reported a decline of 3.9%
over the previous year. 3 1.2% of these eases
at national level were reported by Uttar I*
Pradesh alone followed by Bihar (15.2%). The highest rate of crime
(1.2%) was also reported from Uttar Pradesh.
---------------- ■
r- . -.--
Crime Against- Women Cases In Cities
A total of 16,807 eases were reported from 23 mega
cities sharing 12.4% of the total eases at national level.
Among 23 cities, Chennai city shared 21.2 % of these
cases followed by Delhi (12.0%). However, the rate
was significantly higher at Vishakapatnam (55.1)
followed by Chennai (54.0) compared to the national
.‘ • . TAMIL NADU
‘•'l ’ UTTAR PRADESH
P% .
■ -T(■
•
E - ■■.
1.
‘ on ICR SIA1ES..
I& UIS ’! /
j . 2<5%
-4A’
.
I-
I
ANDHRA PRADC5H
P%
' _X<^GUJARAI
■
r -! MAD1 {YA PRADESH
”ci:
• ijx ,‘rTyj‘
- ALL INDIA (1997-1999)
YEAR
1997
____ ;_[r
HTJ
____________ INCIDENCE oe crimes against women
PERCENTAGE VARIATION
IN 1999 OVER 1998
1998
6975
6006
36592
iax
.
|
•......................
> OIKAR
' ••• '
Dowry Death
Cruelty io wife
'
13%
F
\
u‘; ,
average of 13.8. Among 23 cities, 32.9 % of Rape
cases, .43.2% of kidnapping
abduction • cases,
17.4% of ‘Dowry Death’ eases and 23.3 % of
’Molestation’ cases were reported from city of Delhi
alone.
CRIME HEAD
--------------- - -----------
•
: ' STATE-WISE PERCENTAGE CONTRIBUTION TOm
1,
1O1AL
TOIAL CRIMES COMMIIIED :!
J •
AGAINST WOMEN DHPINO
DURING 1OQO
1999 ' T-’’!
1999
6699
43823
41376
- 3.9
5.9
Dl.Sl’OSAL OP CASES BY THP. COURTS DURING 1999
CRIME HEAD
Dowry Death
TO iAl. NO.
OF CASES
CASES WITH
NO. OP CASES
DRAWN UY
(A) COM
(II) CON(C) ACQUIFOR TRIAL
GOVT.
POUNDED OR
VIC LED
TED OR
INCLUDING
WITIIDRAWN
DISCI IARGED
PENDING CASES
TOIAL
1(b) ♦ (C)|
PENDING
TRAIL
24534
0
209
1338
26-18
3986
20339
Cruelty by Husbands
and Relatives
142575
0
3681
3416
M556
17972
120922
PERCENTAGE OE DISPOSAL BY THE COURTS - 1999
-■■’I
20
CRIME HEAD
DISPOSAL
PENDENCY
Dowry Death
Torture
17.1
15.2
82.9
84.8
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GOVERNMENT BILL
LOK SABHA
5
A Bill to protect the right of women who arc victims of violence of any kind occurring within
the family and to provide for matters connected therewith or incidental thereto.
(Dr. Murli Manohar Joshi, Minister of I luman Resource Dcvclopmen 0
To Be Introduced In Lok Sabha
Bill No. 133 of 2001
THE PROTECTION FROM DOMESTIC VIOLENCE BILL, 2001
A
BILL
To protect the fights of xvom'ea who arc victims of violence of any kind occurring within
the family and to provide for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Pifty-sccond Year of the Republic of India as follows:-
CHAPTER 1
PRELIMINARY"
1.
Short title, extent and commencement.
(1) This Act may be called the Prptcction from Domestic Violence Act, 2001.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
• •€
2.
Definitions
In this Act, unless the context otherwise requires,a) “aggrieved person” means any woman who is or has been a relative of the
respondent and who alleges to have been subjected to acts of domestic violence
by the respondent;
Campolgn for a Civil Law on Domosllc Violence 2002
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b)
domestic violence
c)
Magnate
has the same meaning assigned to it as in section 4;
means the Judicial Magistrate of the first class or the Metropolitan
aglstiate, as the case may be, exercising jurisdiction under the Code of Criminal
joccdme, 1J73 in die area where die aggrieved person resides; -
c)
0
b)
monetary rehef” means compensation which a Magistrate may order at
any stage
during the hearing of application seeking a protection order, to meet the
expenses
incurred and losses suffered by d
the aggrieved person as a
result of die domestic
violence;
notiFicaiion” means a notification published in the Official Gazette;
“prescribed” means picscribcd by rules made under this Act;
“Protection Officer” means an olliccr appointed by the State Government under
section 5;
h)
i)
j)
k)
Jnotcct;on older” means an order made under section 14;
re ative” includes any person related by blood, .narriage or adoption and living
with the respondent;
b
respondent means any person who is or has been a i ' '
relative of the aggrieved person
and against whom the aggrieved person has sought monetary relief
or has made
an application for protection order to the Magistrate or- to
the Protection Officer,
as the ease may be; and
“service provider” mean!, any voluntary association registered under the Companies
«, 1J56 or any- other law for die time being in force with the objective of
protecting, the rights and interests of women by any means including legal aid,
medical, financial or other assistance.
■
3.
■i
Act not in derogation of any other law.
The provision of this Act shall be in addition
-------1 to, and not in derogation of the provisions
of any other law, for the time being
in force.
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CHAPTER II
DOMESTIC VIOLENCE
4.
Domestic Violence.
h
(1) For the purposes of this Act,
any conduct of the respondent shall constitute ‘ domestic violence if hc,a)
b)
I-Iabitually assaults or .makes
< '
the life of the aggrieved person miserable by
ciuelty of conduct even if such conduct docs
------------ —not amount to physical illtreatment; or
Forces the aggrieved person to lead an immoral life; or
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c)
Otherwise injures or harms the aggrieved person.
(2) Nothing contained iin clause (c) of sub-section (1) shall
22 Campaign for a Civil Larz on Domosllc Vlolonco 2002
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Lawyois Colloclivo • Women's Rights Initiative
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violence if the pursuit of course of conduct by tl ic respondent was reasonable for
his own protection of or for die protection of his or another's properly.
k
CHAPTER III
PROTECTION OFFICER
5.
Appointment of Protection Officer
(1) T. he State Government shall, by notification in the Official Gazette, appoint such
number of Protection Officers in each district as it may consider necessary and
shall notify the area or areas within which a Protection Officer shall exercise his
powers and perforin his duties under this Act.
(2) I he 1 rotcction Officer shall possess such qualifications as may be prescribed.
(3) .1 he terms and conditions of service of the Protection Officer and other officers
subordinate to him shall be such as may be prescribed.
6.
Duties of Protection Officer.
(1) Where the Protection Officer, after enquiry, believes cither mo moto or on the basis
of information received from any person under sub-section (1) of section 8 that
action should be taken, it shall be his duty/ to —
(a) inform the aggrieved person of right to apply for protection order under the
i
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provisions of this Act;
(b) inform about a service provider in the area where the aggrieved person resides
so that she ma;y seek support and help from such service provider;
(c) inform the aggrieved person of her entitlement to legal services under the Legal
Services Authority Act, 1987;
(d) perform such other duties as may be prescribed or as may be ordered to be
performed by the Magistrate.
(2) It shall also be the duty of the Protection Officer to entertain any request or
application made or presented to 1him under the provisions of this Act by the
aggrieved person or any other person on behalf of the aggrieved person.
(3) The Protection Officer on receipt of an application of an application under subsection (2) shall, where so desired by the aggrieved person, endeavor to assist the
aggrieved person and the respondent in an independent and impartial manner to
reach an amicable settlement of the grievance under this Act.
(4) If no such settlement as stated in sub-section (3) is arrived at, the Protection Officer
shall file an application to the Magistrate under this Act if so desired by the
aggrieved person.
7.
I--
h
1
£
b
7
i
Powers of Protection Officer.
(1) A Protection Officer within the local limits for which he is appointed shall exercise
such powers as may be conferred on him by or under this Act.
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(2) or^sch tiOn °rCC < 'my tak<; a“iStanCC °f a,'y
'Vllilc
I- powers
or discfi.ugmg Ins duties under ibis Act.
1
^md"X?Gc!;ud'07Jii°distl,aiue 'untliuns U,ldtl dlis AcC sl'a" h=
8.
VI
ouit or the purposes o( holding enquiries under this Act.
Information to Protection Olllcer and exclusion of liability.
is"bX'‘“ ”, UkT "T"
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ei,e inrnm.n.io,, „
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Hl good faith for the purpose of sub-section (1).
CHAPTER IV
PROCEDURE EOR OBTAINING
9.
PROTECTION ORDER
Application to f
the Magistrate
(1) O\!TC?bTlFPCrS°|) Wp° is
i:> aa-1V1Cl
°r d0,ncstlc Vlolcncc- °r any other person
* “n of
victim
domestic violence,
her behalf, or the
the Protection
Protection Officer,
Officer, may present an application to the
may present an
Magistrate for seeking relief under section 14.
(2) 1 he application undensub
--- j-scction (1) may contain particulars in such form
as may
be prescribed or as near thereto as possible.
(3) The Magistrate shall fix first d
-------- ate of hearing which shall not <exceed fifteen days
»fTh=,
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10. Service of notice
(!) Notice of the date fixed under section 9 shall be given by the Magistrate to thetotcction Officer, who shall get it served by such means as may be prescribed
(?) All rCS1’Ondcnt- a‘ld 011 ai’y
Person, as directed by the Magistrate.
( ) ■ A dcclatatton m such form as may be prescribed of the Protection Officer regarding
crvtcc of notice shall.be the proof that such notice was served upon the respondent
nd on any other person as directed by the Magistrate unless the contrary is proved.
r
*
11. Counselling
(1) The Magistrate at any stage of the proceedings under the Act may direct the
1.
^P°ndent or the aggrieved person, cither singly or jointly, to undergo mandatory
gly or jointly, to underg.
counselling with any service provider.
7
(2) Where the Magistrate has issued any direction under sub-scction(l), he shall fix
(
tie next date of hcanng of the case within a period not exceeding two months.
)
s
12. Assistance of welfare expert
In any proceedings under this Act, the Magistrate may secure the service of such person,
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fei.
preferably a woman where available, whether related to patties or not, including a
pet oon engaged in promoting family welfare as Ire thinks fit, for the pui pose of assisting
him in discharging his functions.
13. Proceedings to be held in camera
1 he proceedings may be held in camera, if the Magistrate considers that the
circumstances of the ease so warrant, and shall be so held if either party so desires.
14. Passing of protection order
(1) 1 he Magistrate, after giving opportunity of being heard to the parties to the
application, and after being satisfied that the aggrieved person is being subjected
domestic violence, may pass the piotection order by directing the respondent
I'
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to,-
a)
Refrain from committing any act of domestic violence; or
b) Pay such monetary relief as the Magistrate deems just, and specify the period
in the protection order within which the amount of such monetary relief is
to be paid by the respondent to the person aggrieved; or
c) Pass such other direction as may be considered necessary.
(2) Subject to section 11, every endeavor shall be made by the Magistrate hearing the
application under this Act
.to dispose it of within three months from date of filing
of the application.
(3) Ail evidence in. any proceeding under this Act shall be taken in the presence of
the respondent, or , when a personal attendance of the respondent is dispensed
with, in the presence of Ills pleader, and shall be recorded in the manner prescribed
for summons-eases in the Code of Criminal Procedure, 1 973:
Provided that if the Magistrate is satisfied that the respondent is willfully avoiding
service of notice, or willfully neglecting to attend the Court, the Magistrate may
proceed to hear and determine the ease ex varte.
(4) A copy of the protection order shall be forwarded to the Protection Officer and
parties to the application.
(5) Where the Magistrate is satisfied (hat circumstances staled in the application "
presented under section 9 arc such so as to justify the immediate intervention of
the Magistrate to restrain the respondent from committing domestic violence, the
Magistrate may issue an interim protection order directing the respondent to
restrain from engaging in any act of domestic violence, and the Magistrate may
further require the respondent to show cause as to why he should not be ordered
to exceed a bond, with or without sureties, for maintaining domestic peace for
such period as the Magistrate thinks fit.
15. Duration and alteration of protection order.
(1) A protection order made under section
------ 14. shall
------ be iin force in the first instance
for such period as the Magistrate may fix but not exceeding two years.
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(2’ modified ‘vnfied or'ZokT"" l° i' ‘CCO‘tlcd 1,1
1>C akc,cd-
ft
nmdrfication, vauauon or «:
revocation, as the ease may be.
kf'.
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CHAPTER V
miscellaneous
16. Appeal
There shall lie an appeal to the Court of Session \.i
Wiihin dimy days from the date on
which the order made by the Magistrate is served
-d on the aggrieved person or the
respondent, as die ease may be.
5 '
17. Protection OfGcer to be a public servant
Eve Ity iroteetton, Officer, when acting or purporting to act under this Act, shall be
deemed to be public servant widun the meaning of section 21 of the Indian Penal
Code, 1860.
18. Penalty for breach of pro'tettlon order by rhe respondent
»«i«. b, .i„ .„poi,dcl„
.A
!9. Penalty for not discharging duty by the Protection Officer
MaZra'te hr di"
Z“ 10
dl,ticS aS
by ‘he
ch ma) extend to rupees twenty thousand, or with both.
20. Cognizance of olfchcc <
committed by the Protection Officer
No prosecution or other legal pi
proceeding shall lie against the Protection Officer unless
a complaint is filed with the [
previous sanction of the State Government or an officer
authorized by it in this behalf.
21. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Protection C~
£ "izx
“J ......... . “ “■
likely co be
intended to be done under this Act or any rule made thereunder.
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22. Power to make rules
(1) The Central Government
may, by notification in the Official Gazette, make rules
for carrying out the purposes of this Act.
26 Campaign for a Civil Law on Domojllc Violence 2002
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(2) In particular, and without prejudice to the genpiality of the foregoing power, such
iuIcs may provide for al! or any of the following matters, namcly:aj- prescribing the form in which the application may be presented;
b) qualifications, terms and conditions of service for the app,ointment of
Protection Olficcrs, his subordinate staff and their duties;
c) duties of the Protection Officer;
J) the form and manner in which notice may be served on the respondent and
other persons by the Protection Officer; and
c) any other matter in connection with or in relation to this Act.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is io session, for a total period of thirty
days which may be compromised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the session
or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case
may be: so, however, that any such modification or annulment shall be without
ptcjudicc to the validity of anything previously done under that rule.
I
STATEMENT OF OBJECTS AND REASONS
1.
0
:;3.
-i
Domestic violence is undoubtedly a human rights issue and serious deterrent to
development. I he Vienna Accord of 199-1 and the Beijing Platform ofAct (1995) both
have acknowledged this. The United Nations Committee on CEDAW (Convention
on Elimination of All Forms of Discrimination Against Women) and in its general
recommendation No. XII (1989) has recommended that-Stale parties should act to
wol"cn :lll:i‘nst violence of any kind especially that occurring within the family.
1 1C Pllcnolncn°n of domestic violence is widely prevalent but has remained largely
invisible m the public domain. Presently, where a woman is visited with cruelty by
ter husband or his relatives is an offence under section 498A of the Indian Penal Code,
I860. Fhc civil law docs not address this phenomenon in its entirety.
With a view to providing a remedy under the civil law which is intended to p-~
preserve
the family and at the same time provide protection to victims of domestic violence,
legislatton is being proposed. The main features as contained in the Bill arc as follows:(i) it is being provided that any conduct of relative of the victim, which subjects her
to habitual assault, or makes her life miserable, or injures or harms, or forces her
to lead an immoral life would constitute domestic violence;
(n) the Judicial Magistrate of the first class or the Metropolitan Magistrate may take
the cognizance of domestic violence and pass a protection order requiring the
relative of the woman to refrain from committing an act of domestic violence,
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or pay monetary relief which is deemed fit in the circumstances or pass any other
direction as die Magistrate may consider just;
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‘Of(iii) die Magistrate may even require as an interim and urgent measure from the relative
of the woman to execute a bond, with or without sureties, lor maintaining
domestic peace;
(iv) the violation by the relative ol the order made by the Magistrate would constitute
an offence punishaole with imprisonment upto one year, or with line, or with both;
(v) it is being proposed to set up an institution of Protection Officer to help the help
of domestic violence in making application to the Magistrate and in availing of
her other legal rights;
(vi) a provision is being made lor the appointment of Protection Officers by State
Governments and they shall possess such qualifications as may be prescribed by
the Central Government; and
(vii) Protection Office, shall be deemed to be a public servant within the meaning of
section 21 of the Indian penal Code, I860, and if he fails or refuses to discharge
the duties as directed by the Magistrate, his act shall amount to an offence
punishable with imprisonment up to one year, or with fine, or with Loth.
4.
1 he Bill seeks to achieve the above objects
1^®’
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• NEW DELHI
MURL1 MANOHAR JOSHI’
I he ll‘h December, 2001
M 1 >
MEMORANDUM REGARDING DELEGATED LEGISLATION
1.
2.
Sub-clauses (2) and (3) of clause 5 seek to confer power on the Central Government to
make rules for prescribing qualification, terms and conditions of service of the Protection
Officer and other officers subordinate to him. Clause 6 prescribes duties of Protection
Officer in addition to the duties which the Central Government can impose on them
by virtue of powers conferred by sub-clause (1) of the said clause. Sub-clause (2) of clause
9 confers power on the Central Government to make rules for prescribing the form in
which the application may be presented by the aggrieved person to the Magistrate. Subclauscs (1) and (2) of clause 10, confer power on the Central Government to make rules
regarding service of notice on respondent. Clause 22, inter alia, confers power on the
Central Government to make rules for carrying out the purposes of the Bill, and for any
other matter in connection or in relation to the Bill.
1 he matter in respect of which provision may be made in lhe rules are generally matters
of procedure and detail, lhe delegation of legislative power, is therefore, of a normal
character.
20 Campaign for a Civil Law on Domosllc Vlolonco 2002
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The Domestic Violence Against Women (Prevention) Bill,
2001
A Lawyers Collective, Women's Rights Initiative Proposal
Domestic Violence Against Women (Prevention) Bill, 2001
An Act to address the growing menace of domestic violence and in particular
courts to grant orders for the protection of victims of domestic violence.
to empower
PREAMBLE
■
■
WHEliEAS the P
■- of' Indues party to several international instruments such
Republic
as the
Convention on the Elimination of Discrimination Against
Women (CEDAW);
AND WHEREAS the United Nations adopted
a Declaration on the Elimination of All
Forms of Violence against Women in 1993;
AND WHEREAS the constitutional guarantee under Article 14 of the Constitution of
ndta guarantees to women equality before the law and equal protection of the laws, and Article
tv
21 secures lor women the right to life and personal liberty;
AND WHEREAS domestic violence has operated as a severe form of oppression of women
Hghts of womcm'11 ‘nC1CaSlng Wkl‘ alalniill« P‘°P°»ions thereby allecting the fundamental
:
..
AND WHEREAS Article 15(3) of the Constitution of India permits special provisions to
be made in the interests of women and children;
AND WHEREAS it is necessary to recognise the right of women to
> protection against
violence and to reside in their shared household and towards that end i
to put into place a
co-ordinated and integrated system of responses;
BE IT THEREFORE ENACTED by the Parliament in the
of India, as follows:
Campaign for a Cfvll Law on Domosllc Violence 2002
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Lawyers Collocllvo • Women's Rights lnlllalh/9 29
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CHAPTER 1
'3 .a;
PRELIMINARY
I)
2)
Short fide and extent
a) This Act j■nay be called the Prevention of Domestic
ic Violence Against Women
(Prevention) Act, 2001.
b) It extends to the whole of Indi
a except the State of Jamtnu and Kashmir,
DcGniiion
In this Act unless the context indicates otherwise
-V
accrC^el
;cc
nicans
non-governmental,
voluntary
and charttab c associations or institutions working for
the wcilTof
---------woman
that
ntcdS'i^T '“'f' SOC‘eticS ^'B^ration Act or any other
victim of 1
‘T’ C0Umcllil^ ‘^1 and financial or law and providing
odicr assistance to
by 1 Sta
V‘O1CnCC W11° baVC C1KC‘cd
in a
b)
L e" n
G0VCfmnCm UIldcr lllc Provisions of this Act; register maintained
T 1984
'l,ldcr thc P^ion, of the
T C0U‘C
Family Courts
jurisdiction om'coZ iZ'l T"'
COU'1
^D-l
-- -ay. by notification'
c
)
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1
* cimon may be made under section 3 of the Arc
-r p..nt or...„, IM t0Bcdl„ in lIlc ‘vcd ltIm“t
'’
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”
arc or were married
‘‘ cuX™!'
, r™J “
k,di"S
law, <custom, rehgton or usage whether such marriage is legally valid lo any
ii) they cohabit
or not;
■ or have at some stage cohabited together'
hi) they arc related b7 consanguinity, tnarriage, 5r through'’a tclationship in the
nature of marriage, adopt!
. ion or arc family members living together as a joint
family.
■ ,'i
C.
-d mcktdes-physical abuse, seta! abus" vI^nd’TnM'ZZ'^^Znic
Explanation
t“
;.. -».»
“■c ira“'1 «""“j.........
30 Campolgn (or a Civil Law on Docnosllc Violence 2002
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ii)
"SexuilL abase" inclu des any conduce of a sexual nature that abuses, liuniiliates, degrades
or otherwise violates die dignity of the person aggrieved and includes sexual intercourse
against the will or without the con-int of the person aggrieved and refusako co operate
in contraception when the person aggrieved may reasonably require.
Provided that where the person aggrieved is below the age of sixteen, any sexual
intercourse, whether or not against her will or without her consent shall amount to
sexual abuse;
hi) sexual abuse of a child includes any act or conduct of
a sexual nature that abuses,
harms or violates a child in a domestic relationship.
iv) verbal and menial abuse” includes
a) insults, ridicule, humiliation, degrading or name calling, including insults, ridicule
or name calling specially with regard to not having a child or a male child, or;
b) repeated threats to cause physical pain to any person in whom the person aggrieved
is interested .
v ) “economic abuse" includes a) deprivation of any or all economic or financial resources to which the person
aggiievcd is entitled under law or custom whether payable under an order of court
or otherwise or which the person aggrieved requires out of necessity, including
but not limited to household necessities for the person aggrieved and her children,
if any, stridhan, property, jointly or separately owned by the person aggrieved,
payment of rental related to the shared household and maintenance;
b) disposal of household effects, any alienation of assets whether moveable or
■■
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&
$
1
1
•1
immovable, valuables, shares, securities, bonds etc or other property in which the
person aggrieved has an interest or is entitled to use by virtue of the domestic
relationship or which may be reasonably required by the person aggrieved or her
children or her stridhan or any other property jointly or separately held by the
person aggrieved; or,
prohibiting or restneung continued access to resources or facilities which the
c)
£
$
i’
$
poison aggiievcd is entitled to use or enjoy by virtue of the domestic relationship
including access to the shared household;
'..w
>s<
d)
monetary
means monetary relief which a court may order under Section
6 of this Act.
c)
person aggrieved' means any woman or child who is or has been in a domestic
relationship with the respondent and who has been subjected io acts of domestic
violence ;
f) yctitioner” means any person who makes a petition under Section 8 of this Act;
g) prescribed” mcahsjjrcscribed by or under this Act or rules made hereunder;
h) 1protection ojjlccr' means an officer appointed under section 24 by the State
Government in relation to or for the purposes of this Act;
i)
j) .
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protection order” means an order granted in terms of Section 5;
^residence order” means an order granted in terms of Section 7;
Campaign (or a Civil Law on Domoslic Vlolonco 2002
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■l' = /|.or1„“.,JjX'TCd"X T““
^«;„6 .A,,,,,,,,.
i)
" J»"i«de
b“"
iclationship with
...d.. poison in committing or
1 ,,“““I”I<1 »l'crothe ,
Person aggrieved lives or at any staRe
' *"■ “‘‘’"I’ wil1' 1|‘C respondent and
Im
d-A'- ? '
| eison aggrieved or the respondent
°f '’l'id‘ “d>“ '1“
>l>o\eF>inllb"E,|K”“7‘‘|S'
rigkf, title, interest or person aggrieved or
equity and includes.
OE the joint family of which the re^
PefSO“ a8BrievedI or the respondent
respondent or the ners
•
*S 3 n’cmher
household;
?
has a»X right, title irrespective of whether die
or interest in the shared
property which may b l JO“1C
UVc
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CHAPTER ||
RIGHTS OF AN AGGIUEVLD person
■
'
--------------- --------- -
3. Right to reside i:: :
a)
— in a shared household and the riel.r ,
Notwiihstandin K a“y other law in force cvcrv^w
«f
, af f
C)
m“a
ic ,d"“s"ip
JJiW
fem
F.-Ax
A" Im
INorcibly evicted or denied access to d
|1’r°7,lure c«^Hshed by law.
fcladonship shall have a right to enter into l‘OU5cl,°ld’ ;l Wo">a"
a domestic
°CCUpy tllC S:ln,c-
monetary relief.
4.
*^olcct‘°" against violence
“ e,:mAm' ’
Notwitl
-landing any other law in f
has a
form of a jP.»«»n order and/;,, a
•«
■.
ncstic relationship
under
this Act in the
~ Jan order granting
Duty to info
nn person aggrieved of rights
A police office.
violence or is otherwise preswat die's f1'0 'f"' ICCC'VCli * COInl'lail,t of domestic
»«^r tor monetary
nmty relief and/or
inform the person aggrieved of the
die person aggrieved of I .erXhr't "r :,Ct;'Cdi,K'J SCI vi^ P-oviders and
"bhc to free legal services under the Legal
devices Authorities Act, 198/,
fovidcd that nothmp m this Arr cl» II I
a)
b;
’V'lr
A-Ay?; • ■
■
■■■■■
Al".
;A
1 ■ m ■■'
a police
upon receipt of information
32
Campaign for a Ch/il Law on
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CHAPTER III
T
Sr'
ORDERS
5.
Protection order
a) The court may pass a protection order prohibiting the respondent fiom:
i)
committing any act of domestic violence;
h) aiding and abetting in the commission of acts of domestic violence;
iii) entering the pl ace of cmjploymcnt of the person aggiieved or, if person
v*
aggrieved is a child, its school;; or any other place frequented by the person
aggrieved;
iv) entering the residence of the person aggrieved;
v))
I
F
attempting to communicate in any form whatsoever widi the person aggrieved,
including personal, oral or written, electronic or telephonic contact;
vi) committing any other act as specified in the protection order;
!!
vii) alienating any assets, operating bank lockers> or bank accounts used or held
Iif
or enjoyed by both parties, either singly or jointly; including her stridhan or
I
any other property held either jointly or «separately by the person aggreived;
viii) causing violence to the dependants, other relatives and persons who give the
person aggrieved assistance from domestic violence.
I he court may impose any additional conditions which it deems
b)
reasonably
necessary to protect and provide for the safety of the person aggrieved or ai ly child.
While passing an order under Section 5(a) or (b), the Court may also pass an
order
directing the police to give protection to the person aggrieved or to assist her
c)
or
d)
the petitioner in the implementation of the order.
The court may direct the respondent to return to the possession of the person
c)
aggrieved her stridhan or any other properly or valuable security to which she is
entitled to cither singly or jointly.
1 he court may direct the Protection Officer or amy other authority to remove the
f)
person aggrieved to a place of safety such as any short stay home: run by any.
accredited service provider.
The court shall, in all eases where it has passed a protection order under this
!
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section, order that a copy of such order be given to the protection officer in charge
.of the area and to any accredited service provider located within the local limits
of the jurisdiction of the Court.
6.
s
Monetary Relief
a)
1 he court may direct the respondent to pay monetary iclicf to meet the expenses’
I
incurred and losses suffered by the person aggrieved and any child as a result of
the. domestic violence and includes but is not limited toi)
H'
I
loss of earnings;
II
ii) medical expenses;
iii) loss caused due to the destruction, damage or removal of any property from
the control of the person aggrieved;
Campaign for a Civil Law on Domosllc Ylolonco 2002
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iv)
b)
maintenance lor the person aggrieved as well as her children if anw
the pe'rson aggrieved '
concerned protectimt'bZrT
c0
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fO‘W:,‘tlcd
l,,C Couit to
within ' '
Fhe respondent shall p--pay monetary relief (o the person aggrieved within the date
specified in the order made i
- in terms of sub-section (a) and in accordance with
the terms there
payrXm'h^ermTXub^
ofbe respond t
b
2 ’
of the respondent which amot r
payable by the respondent.
''
S- '.A-
°f ‘l,C -I’ondent to make
fv-'i...
hC-;
or a debtor
court a portion of the wageJ 17sZcs orTl'
7.
fe'
■ fef
v)
_
____ __
.ompcnsation for the domestic violence inflicted upon
Copies of an order for
I
dCPOSit Will‘
'
ekv
te
r C C
tO OI accruc^ to ^e credit
C atJUStcd tuwaids ‘be monetary relief
ik’n -
Residence order
(a) The court may pass a residence order
to:
i) restrain the respondent from alici
8.
■ating or dispossessing the shared household
or encumbering the same;
ii) restrain the respondent from
renouncing his rights in the shared household
except in favour of the person aggrieved;
iii) require the respondent
to permit the person aggrieved to enter and
in the shared household
remain
or part thereof;
iv) prohibit, suspend or restrict the
exercise by the respondent of his right to
occupy the shared household;
V)
restrain the respondent from dispossessing the
person aggrieved from the
shared household and
vn) direct the respondent to secure alternate ■.
for the person
aggrieved or to pay rent for the same, if foraccommodation
suflici
- ------- ient reasons, the court is
of the opmion that it will be harmful or i '
injurious for the person aggrieved
to hve with the respondent in the shared household'
, having regard to the
circumstances of the case.
(b) While making an order under this section, the
court may impose on the respondent
obligations relating to the discharge of
rent or other payments, having regard to
the financial needs and
resources of the parties.
Custody Order
Notwithstanding any other law in force, the court
of the petition for protection order, grant tempmary may, at any stage of the hearing
. custody of any child or children
to the person aggrieved or the ] ' '
petitioner
and
specify,
if necessary, arrangements for
visitation by the respondent.
Provided that in any ease where a <
complaint of sexual abuse of a child has been made,
and the court is prima facie satisfied that such
-1 allegation is true, tl
ic court shall grant
i' t •
•
p/it'.':'-?.;.
IW?'-';
fc
?>.' '■. ■
h;n:
w
B.
»■■■■'•...
fc ■
kib.
J
34 Campaign for a Civil Law.on
Domosflc Vlolonco 2002
Su
Lawyers Collocllvo • Women's Klghls Inlllallve
f..
s .
custody to the person aggrieved or the petitioner and no such order for arrangements
for visitation by the respondent shall be made.
9.
•M
Compensation Orders
a. In addition to other reliefs under this Act, the court may on an application by
the person aggrieved, pass an order directing tl ic respondent to pay compensation
and damages for the injuries caused by the acts of domestic violence committed
by the said respondent.
b. The person aggrieved may make an a pplicacion for compensation and damages
under this section without any prejudice to the right of such person to institute
a suit for compensation or damages for the injuries caused by the acts of domestic
violence committed by the respondent.
Provided that where a decree for any amount as compensation or damages has been
passed by any court in favour of the person aggrieved, the amount, if any, paid or
payable in pursuance of the order made by the court under this Act shall be set off
against the amount payable under such decree and the decree shall, notwithstanding
anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other
law for the time being in force, be executable for the balance, if any, left after such
set off.
CHAPTER IV
PRACTICE AND PROCEDURE
10. Petition
Any person aggrieved may apply to the court for appropriate relief against
domestic violence in a form prescribed which form may be obtained fice of cost fromany court, police station or protection officer.
11. Particulars of the petition
Ordinarily, the petition, accompanied by an affidavit must contain the following
particulars:
a) particulars of the person aggrieved and the respondent
b) the facts on which the petition is based;
c) the nature of relief sought whether a protection order , residence order and/or an
order for monetary relief and
d) the name of the police station at which the person aggrieved is likely to report
any breach of the orders.
12. Petition by next friend or a protection officer
Notwithstanding the provisions of any othci law, the petition may be brought on behalf
of the person aggrieved by any other person, provided that the petition must be brought
with the written consent of the person aggrieved.
Campaign (or a Civil Law on Domosllc Yiolonco 2002
•
lawyers Colleclive • Womens Rights Initiative 35
where tl
the: P^on aggrieved is- '
• a) a minor;
b)
c nccc”ary in circumstances
f?‘Ovide‘- °< a protection officer and where
suffering from
•;.............................................................................. ........ ... ........................ ..
■■'l‘c cannot reasonably be
C)
unconscious or
Provided furth
chat an ;
............ omescic violence;
be entitled to
aPpcar before d >C Court and address the 1; protection officer shall
service provider i:
- ls a petitioner or where the petitioner same if such acciedited
service, provider.
authorises the accredited
13. Orders during court i
recess
A Petition under Section
8.0ft,llis A«may be brought before the
1 mvided that when a
court at anytime.
on a day that is not
ry court hours or
Duty Magistrate shall
not in session, the
pass t re necessary protection orders as
7 o/his Act and the same
provided
in Sec.5. 6 and
may be confirmed by the court
within 72 hours.
upon resumption of work
a
p-ed:;1;:^ t r:>
!>)
Such order m v b
P-onaZi
c)
During tit
C ,SOtk;llt
any legal proceeding, civil
^mme„.- respondent whether such
■- commencement of this Act.
“-'Ualon
Y Pra/ f°r in Such mit or --■>g with any other relief that the
legal proceeding, civil or criminal.
H
Bi
o
-k.-'
aw
bcf0'C °r
’ t0 col»inission of offences
may upon a petition in that behalf
“> Sec.5, 6 and 7of this Act,
by th
as
-’SS''
15. Pow<
10 BraHt
and exparte orders
(a) In -7 proceeding before it under this Act the C
as it dee
---ms just and proper.
’
°uit may pass such interim order
(b) If
satisfied tl
c-nnutung, or
or has
has commitLd an ‘^7^Zm'tXncrtr d.at^d“dC**t “
likelihood that the respond
may bt
be lprescribed
,,
’'“c“ked under the rules.
16. oingllc acts or condonation
./,«r -i-
o* 9 against the lespondent,
The court shall not refuse to
a)
36
only a single act of do
Campaign for a Civil taw on
8lailt a protcciion order merely on the basis thatmcstic violence has been
oo.mmtted or a single threat has
Domosllc Violonco 2002
•
Lowyois Coliocllvo
iWBif
Woinoifs Rlghis IiiIHuIIvq
if/
X. •/
•
-jr
• T^-'i •’-j r --Tr. -v-rT f ■ w, ” my -r
.J1
■’ •
'WW™ ; O ’ ?
been made by (he respondent or on the giound that the acts or ducats il viewed
m isolation, appear to be minor or trivial.
b) the person aggrieved had not complained of the acts of domestic violence and had
condoned the same.
Provided that the complaint is brought within 7 years from the date of the commission
of the act(s) of domestic violence complained of.
17. Notice to show cause
^->'1
\
T. he Court shall issue notice to the Respondent to show cause widun-diic time anitay
bc-p-wisGLibcd why an order under sections 5, 6, 7, 8 and/or 9 should not be granted
or if granted under Section 15 why the same should not be confirmed.
18. Confirmation, variation or revocation of order
(a) An order under sections 5, 6, 7, 8 and 9 shall operate for a period of three years
and may, on application by the person aggrieved, be extended for a further period.
(b) An order made under this section may, for exceptional circumstances to be
rccoidcd in writing, be altered, modified, varied or revoked on an application by
either the person aggrieved or the respondent provided the court is satisfied that
there is a change of circumstances that requires such alteration, modification,
variation or revocation.
4
19. Appeal
Notwithstanding anything contained in the Code of Civil Procedure, 1908 or in the
Code of Criminal Procedure, 1973 or in any other law , an a ppcal shall lie from every
judgement or order of the court, to the High Court.
CHAPTER V
PROTECTIO N O PPI CERS
20. Appointment and qualifications of Protection olficers
I he State Government shall by notification in the official gazette, appoint such number
of 1 rotcction Officers in each district as it may consider necessary, to assist the court
in the discharge of it’s duties under this Act.
Provided that such appointment shall be by recruitment by the State Public
Services Commission or such other body which conducts, selections, examinations and
recommends recruitments) of state public servants.
Provided further that such appointment shall be iin accordance with the
qualifications for the post of protection officers as may be piescribed by the Slate
Government.
21. Duties and Functions of Protection Olficers
a) It shall be the duty of a Protection Officer to assist the Court in the investigation
of complaints relating to domestic violence.
Campaign for a Civil Law on Domostlc Violence 2002
Lawyois Collocllvo • Wamon's Rlghls Inlllallvo 37
T....
<■
■
•
The Protection Officer shall be under the
control of the Court, and shall and
perform duties imposed on him by the Court and by this Act.
(c) In addition IO the above the Protection Officer shall perform the following
functions:
i) Make a Domestic Incident Report in the prescribed form upon receipt of a
complaint of domestic violence..
ii) Inform the person aggrieved of her right to a|pply
x ? to the court for a protection
oidcr, monetary relief and/or a residence order under
the
--------- ...c provisions of this
Act.
b)
m) Assist the person aggrieved in obtaining a protection order from the Court.
iv) Ensure that the monetary relief deposited by the respondent is made available
to the persen aggrieved at the earliest.
v) Co-ordinate the activities of the accredited
service providers operating in his
area.
(d) The protection officer shall make best efforts
to ensure that the activities of the
police and the accredited service providers
arc so co-ordinated as to ensure that
a person aggrieved:
1) has easy access to information about accredited service providers, including
short stay homes in the area
area that
that may provide her with support and help that
she may require and emlble
rmlhle access to sc;vices of the accredited service
providers;
ii) is easily able to access transportation to an alternative residence or a safe place
of shelter
if the
j
— ........
- person
aggrieved so requires;
iii) is able to avail of transportation
*
1 to die nearest hospital or medical assistance
.or the treatment of injuries if such assistance is required,
iv) is able to obtain assistance in the collection of her belongings, including
stridhan or any other property ordered to be returned or restored to her by
the order of the court, with the assistance of the police.
v ) is able to access the Court for orders under this Act.
vi) has access to every possible assistance in the service of expartc orders to the
respondent, and enforcement of any orders that may have been made by the
court under this Act.
(c) Notwithstanding anything in any law, the protection officer ma/, subject to
confirmation by a Courj: within 48 hours, by an order:
i) Diicct a bank or a financial institution to suspend transactions in
respect of
any bank account or locker; or
ii) Prohibit a co-operative society or a registry or any authority or an individual
tai
'4'?^ ! ■ ■
■.
I
!
..
■
teCr?
tatata-
■ -‘AjC’,
BO
og
■
■S;W
or a company from registering a transfer of any share, right or interest in'any
movable or immovable property.
38 Campaign for a Civil Law on Domosllc Vlolonco 20U2
•
Lawyois Collocllvo • Wornon’s Ulghls Inlllallvo
Bta tatatan
■«‘“V
r ~
CHAPTER VI
OFFENCES AND PENAEFIES
22. Breach of a order
A breach of an order made under Sections 5, 6, 7, 8,9 and/or 15 shall be an o [fence
and shall be punishable with imprisonment which may extend upto three years or with
fine which may extend upto Rupees twenty thousand or with. both.
23. Conditional warrant of arrest
While granting any order under sections 5, 6 7, 8 or 9 of this Act after hearing both
the parties, the Court, ifsatisfied, that the ics;pondcnt has committed act(s) of domestic
violence, may attach to the order, a power <of arrest without warrants for any breach
of the same.
i
I
24. Execution of the warrant
Upon a complaint by the person aggrieved or otherwise, if the appropriate police officer
of the concerned police station is satisfied that a condition exists for execution of the
warrant of arrest, he shall execute the warrant and arrest the respondent.
25. Cognisance and proof
a)
1 he offence under Section 24 shall be a cognizable and non-bailablc.
b)
1 he court may con'cludc the commission of an offence under Section 24 upon
the sole testimony of the person aggrieved.
26. Offence by Protection Officer
If any protection officer refuses or without sufficient cause is unable to give effect to
the provisions of this Act or discharge his obligation he shall be punished with
imprisonment of either description for a term which may extend upto one year, or
with a fine which may extend to Rupees five thousand or with both.
Provided that no Court shall take cognisance of an offence under this section save
with the permission of the state government.
27. Powers of the court in relation to offence
The court passing an order under Section 5,6,7 or 13 shall have the power to try
offences punishable under this Act.
CHAPTER Vli
MISCELLANEOUS PROVISIONS
28. Jurisdiction
a)
Jurisdiction to grant a protection order and/or try offences under this Ace lies with
any court, within whose jurisdiction-
Campaign for a Civil Law on Domosllc Vlolonco 2002
•
Luwyois Collocllvo • Vfornons Rights InlllaltvG 39
i)
the person aggrieved permanently
or temporarily resides, carries on business
ui is employed; or,
n) the .cspondem .edde, eani« on busing or is employed; or,
cairics on business
“U rhe cause of action arose
(b) Any order made hcrcinundcr shall be enforceable
throughout India.
29. In canicra proceedings
mlme'ra
Procccdi"Bs u"^r this Act shall be held
Provided however that the protection officer <
or the accredited service provider may
be permitted to attend the same.
■ ■ iwi
few
i®
30. Non obstante clause
I!otwidOViSir,S °f ‘i-5 ACC a'ld °f al:y ‘U1CS ,,,adc ‘‘ercundcr shall have effect
Hlg anyt UIle ,nCOnS,Stcnt: wit11 therewith contained in any other law in
force.
31. Counselling
1 he Court may at any stage of the hearing on the petition for a protection order direct
respondent to undergo singly or, at the option of the person aggrieved jointly with "
the person aggrieved mandatory counselling with any Lredi Jservic^mv^
32. Protection of actions taken in good faidr
or purported to be done by or under this Act.
33. Procedure
fndCoffenctllCrWi •7t| Td "■
the cfj
against any accredited service
lything which is in good faith done
ln0CCcdil^ -garding the issuance of orders
gf
fer
f.-brw
7‘n aealnSt thC SalHC Sllal1 BC K°vc">ed respectively by
f rfe P
Code of Qv.I Procedure, 1908 and the Code of Criminal Procedure, 1973
^cZ:1 s J'sctui,u (:i) sl,u"1,,cvci,t thc —
d— i-
<!-■
34. Duty of government to ensure effective implementation of the Act
1)
The Government of India shall appoint an eminent person as the Coordinator
hn 1 revenuon of Domestic Violence who shall submit annual reports to the
implen'nC,K °f n?la|011
°f Domcstic Vi°'cnce in Indii and on the
Prilia T
2)
11011 °f
5
W
sectio^m'o?0 I fOf dle
following:
40 Campaign for a Civil Law
115 SCCt‘On 5 'a
rCP0" S1,a11 bc laid bcf°rc both
°f D°mCStiC Vi°lcnCC- al’l’oi,,tcd UIldcr
'aVC tllC p0WCrS to Pclforl11 a11 °r a‘>y of thc
bi
Ste-
..B
hiiv • ’ i
on Domojllc Violence 2002
Lawyois Collocllvo • Woman's Hlghls Inlllollvo
’•
‘’t
1 ■.
v-
>■.
L
a)
powers to investigate and examine all
matters relating to Prevention of
13omcstic Violence
b) make in its annual reports to the Government of India,
recommendations for
the effective iinpleiiicntation of the
piovisions of this bill
c) icview, from time to time, the
existing piovisions of the law
on domestic
violence.
hook into complaints and take suo-motto notice of
domestic violent
■'l “‘r
.5uo1’inouo llotlcc of matters relating to
--- -..c “
non-implcmcntation
violence
O,W,nP1<:mc‘ltation of the law on domestic
c)
Cal*
0
Cce of donicsd^Jiolcncc. 110
special stud.es or investigations into specific incidence of domestic
'°r
£•
=> safe environment
Evaluate the progress of the development
of women under the law on domestic
violence
a)
i;
.............
a'
b)
V.
c)
35. Power to make Rules
a) I he State Ge—
overnment may by notificationi iin the official gazette, make rules for
i
carrying out the purposes of this Act.
b)
i
I.
In particular, and witho
rules
may provide
P'CjUdiCe "
power, such
!-
i)
prescribing the format in which the forms, petitions, orders, directions
and
epotts under this Act would have to be made;
ii) maintaining a register of accredited service providers;
iii) rules and procedure for the appointment and co-ordination of protection
officers and their duties, tasks and responsibilities;
pmteetton
iv) powers of protection officers;
v)
“f "m“'s ” “»■
r'
• !'
1 ?'
1
vi) method and manner of deposit, recovery and payment of monetary relief;
vii) rules of procedure for
proceedings under this Act; and
viii) any other
matter in connection with or in relation to this Act.
5
Campaign for a Civil Law on Domosllc Vlolonco 2002
Lawyers Collocllvo • Wnen's Rights Inlllallvo 41
•
■<
'
>
II
SCHEDULE 1
Offences under diu Indian Penal Code, 1860
• I
\
’
Sections 269 (ncgligenc act likely to spread inleccioii of disease dangerous to life),
Section 270 (malignant
lane act likely co spread infection of disease dangerous to life),
ii) CLences listed under chapter XVI (offences affecting the human body),
iii) Sections 383, 385, 386, 387, 388, 389 (Sccti ons dealing with extortion),
iv) Section 403 (disl lonest misappropriation of property), Section 405 (criminal breach
of trust),
v) Section 441 (criminal trespass),
vi) Offences listed under Chapter XX (offences relating to inarriagc),
vii) Section 498A ,
viii) Section 499 (defamation),
ix) Sections 503 (criminal intimidation), 504 (intentional insult with intent to provoke
breach of peace),
x) Section 507 (Criminal Intimidation by an anonymous communication)
xi) Section 509 (word, gesture or act intended to insult the modesty of a woman),
xii) Attempt to commit any of the above offences.
Ollier statutes
i) All offences listed in the Dowry Prohibition Act, 1961
ii) Section 4, of the Commission of Sati Act, 1987.(abetment of sail)
iii) All offences listed in the Immoral traffic (Prevention ) Act, 1956
iv) Offence under the Prenatal (Diagnostic lechniques (Regulation and Prevention of
Misuse) Act, 1994
I
i
r
; t
•!,
j
■!
ii
u-
42 Campaign for a Civil Law on Domestic Violence 2002
•
lawyeis Collective • Women's Rights Initiative
,
emergency rooms. (me in tour pregnant women nas a history ot partner vioienceLloumal ot the
American Medical Association, 1992).
Myth 5: It is easy for battered women to leave their abuser.
Fact 5: women who leave their batterers are at a 75% greater risk of being killed or tortured by the
batterer than those who stay.( Barbara hart, National Coalition Against Domestic Violence, 1998).
National Scenario
Violence against women has its roots in unequal social structures and is further intensified by social and
economic inequalities that are brought in by increasing privatization and globalization. There are very
few studies done on domestic violence in India. According to the national Crimes Record Bureau,
Ministry of Home affairs, government of India, a shocking 71.5% increase in cases of torture and dowry
deaths during the penod from 1991 to 1995 and it clearly reflected an increase in reporting of violence.
In 1995, torture of women constituted 29.2 per cent of all reported crimes against women. As far as our
country is concerned, majority of dowry victims are forced to commit suicide and mostly forced by
women of older age .The national family Health Survey(NFHS-2), 1998-1999, found that at least one in
five women experienced physical violence since age 15 and at least one in nine experienced such
violence in the!2 months preceding the survey(IIPS and ORC Macro2002).
Domestic Violence against women in Haryana;
Respecting women and motherhood is veiy much part of the Haryanvi culture we boast of lavishly. But
what is happening to our women, girls and children today is a blot on our culture and the Haryana’s
conscience. The argument that violence is happening everywhere in the world is no justification. It
makes us all hang our heads in shame. Too many selective sex abortions, too many murders, too manv
rapes, too many cases ot sexual abuse , too many cases of Honor Killing, too many cases of molestation
have disfigured Haryana and its fair name. It has senous implications, especially on health. If women’s
health is endangered, the whole fabric of society may be tom apart, and the even tenor of life will be
disturbed. Stories about sexual harassement or violence within homes abound the media reports and
include female genital mutilation (FGM); forced feeding of women: early marriage: the various taboos
or practices which prevent women from controlling their own fertility; nutritionaTtaboos and traditional
birth practices; son preference and its implications for the status of the girl child; female infanticideearly pregnancy; and dowry price.
Haiyana being uultuially backwaid and feudal society, is now in a transition phase. Modern drought and
scientific temper are not the guiding force in day today life. Even the educated people, scientists and
science teachers have not absorbed scientific temper though they are using science as their livelihood.
Under the influence of market driven society at large in the world, Haryana society is also becoming a
consumerist society without shedding its older backward culture and feudal ideas. On the top of this
easy money has accumulated with a few people in cities and villages as well in the last 10-15 years
earned through black-marketing, liquor sale, grabbing and sale of lands and other corrupt means. This is
the dominating group which have influence over closed society of Haryana where women is taken as a
commodity and not a human being. Haryana women suffer the most crippling disability while having to
bear a disproportionate burden of household work. Emotional abuse fuel the situation. All short of
violence against women are on increase as is clear from the statistics of one districts of Haryana. Son
preference is very deep rooted in Haiyana which is at the cost of girl child. Murdering a girl in the
womb of the mother has been an accepted practice in most of the homes. The declining sex ration in
Haiyana is a testimony to this crime. Sex Ratio in educated people of Haryana is 617. Very alanning
indeed! This shows that the present education does not bring in gender sensitization and hence it is
gender blind. It should be gender friendly.women’s oppression does not seem to end only with economic
progress or with education. Beating of wife is very common. There is a saying in Haryana—“Iqg^j,
M/ I A/ Zt II14
Page 3 of 5
gudi pachhe mat hose. Isne kabu mein rakhan khatar do jante han dhardaya aur do ake dhar davo”. Rane
by the known persons and relations in the families is increasing though the studies on Haryana society
ve difficult to be traced. Patriarch Monarch like behavior is a very common feature of the socieh hern
Bnuc burning is very common. Most of the women admitted in the PGIMS Rohlak with serious bums
are mamed between the age group of 15-35.Dowary Deaths are on increase in Harvana Even dowrv
torture cases arc increasing. One argument raised by the backw’ard thought people is that this law is'
Because of gender bias they are raising voice against dowiy act
T1W T fr rrt Fir Tr f
'f
Wyc 'n
—-
- -- •
—
.
U.
--
JI.—
~
has been there but is on increase these days. Jonwadi Mahila Samiti has case studies of 18 such cases.
One of the Districts of Haryana
Dowry Death Rape Cases Molestation
Year
304-B
376-1PC 354 1PC 498-A
1999
2000
2001
30
20
10
nnnn
no
17
2003
2004
30.6.04
20
X w
-n
*
Z1
12
15
29
9
17
8
Torture for Dowry
37
4G
43
54
69
38
(Source: District Level Complaint Center)
One factor must be kept in mind that a good many cases of domestic violence does not get reported.
Why donot victims just leave?
One very' important reason why women don’t just leave an abusive relationship is the very real fear that
they will be harmed if they try to leave. The perpetrator will threaten the women as well as other family
members including children. She may not have the financial means to support herself and their children.
The victim may feel that the children need an intact family. She may have religious or cultural beliefs
that the family must remain intact at all costs. She may believe that violence is because of her fault. She
may still love the perpetrator and succumb to his promises never to let it happen again. It is a vicious
circle. Victimised women may not admit that the injuries they have received are the result of abuse even
if they are asked. They may fear retaliation if they tell. She may be unable to talk freely because the
perpetrator is present.
T ong and short term relief measures:
There is no ready made immediate solution of this deep rooted social problem.
A comprehensive understanding of the problem of domestic violence in all its spheres is very essential
while formulating effective and sustainable intervention strategies against women violence. The problem
lies in the deeply disrespectful, even contemptuous attitude towards the fair sex. Unless men’s mindset
changes, the status of women will not change for the better. This includes identifying the victims and
perpetrators the evident risk and protective factors, the common outcomes of violence, and the real
needs of survivors.
A great deal of violence in the home is neither constant nor random. It occurs in a defined cycle. Tfthis
is Hie pattern in one’s home, understanding the cycle can help clarify what makes you a victim, and
when and how you can get help to break the cycle.
Anybody who comes into contact with the people should be on the alert for the signs of domestic
violence that includes doctors, nurses, teachers, social workers, lawyers and other resource peraonsJXA.
HI I K/ZUU4
Page 4 of 5
person knows where to go for necessary help, some of the frustration and confusion can be eliminated.
But long term solutions still rest with gender friendly education. Children living m abusive households
will have to be extended specialized support. One way we can stop the cycle is by leaching children in
school that they don't need to use violence. Teaching healthy communication skills is a long term way
to help. Educating men about women that they are equal and that men cannot use violence to net what
they want is important.
How to Reduce domestic violence?
The following steps may help in reducing domestic violence:
0 Establishment of short stay homes to provide immediate needs.
0 Advocatine preventive measures by monitoring existing cases, creating opportunities for economic
sell icbancc consciousness- iaisiiig(diawing the attention of community to the fatal consequences of
domestic violence) and creating an awareness among the communitv and mobilizing them to stop
domestic violence with the use of street theatre and folk songs.
w i tie availability oi a wiae range oi accessible quality services together with interventions that seek
to challenge the broader social and economic context that exacerbates the imbalance in power between
men and women.
0 It is very essential to involve the community in the design and implementation of intervention
strategies. The success of any community-based project mainly depends on the full involvement of the
community which will not only be effective but iso sustainable in the long run.
i ra
ii
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Community Health Cell
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"ranbir singh dahiya" <dahiyars@rediffmail.com>
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Domestic Violence against Women in Haryana
>>
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Dr R.S.Dahiya
Domestic violence is not only a public health issue but also a universal problem. Violence within lhe
four walls of home is taking place everywhere irrespective of economic status, culture, religion, class
and ethnicity. Violence against women can be seen sadly in every' comer-on the streets, at homes and in
places of work. It is a grave social problem that threatens the safety, equality and bodily integrity of
every women. Domestic violence must be looked at in the context of our social attitudes rather than
solely as an individual problem.
Controlling attitude
Domestic violence is a pattern of controlling behaviors aimed at gaining power in order to control an
intimate partner. It is not just about hitting or punching. It is a pattern of assaultive and coercive
behavior including psychological, sexual and physical abuse. Domestic violence can be defined as
violent or controlling behavior by a person towards a partner, usually a wife, girlfriend, or love.
Although the partner is the primary target, violence is often directed towards children as well, and
sometimes towards family members, friends, and even bystanders in attempts to control their partner.
This is further complicated by a common belief that violent acts are an expression of love and merely a
desire to help the subject be a " better” person.
The definition of violence would include all acts of “ physical, verbal, visual or sexual abuse that are
experienced by a women or girl as threats, invasion or assaults and that have the effect of hurting her, or
degrading her and /or taking away her ability to control contact(intimatc or otherwise) with another
individual”^ Koss ct al. 1994). Such a definition more fully captures all the different processes by which
women undergo subordination within intimate relations and fits more directly into a human rights
perspective. Despite widespread prevalence, such violence is not customarily acknowledged and has
remained invisible. In Haryana authority of the male as the head of household is unquestionable
historically also. Violence is perceived as part of the discipline essential for maintaining the rule of
authority within the family.
Myths, facts and statistics
Myth 1: Domestic violence does not affect many people.
Fact: a women is beaten every 1 minute in lhe world. Domestic violence is lhe leading cause of injury to
women between ages 15 and 44 in the USA which is more than car accidentsf Uniform Crime Reports,
IT Federal bureau of Investigation, 1991). Battered women are more likely to suffer miscarriages and to
give birth to babies with low birth weights(Surgeon General, United States, 1992)
Myth 2: Battering is only a momentary loss of temper.
/ Fact: Battering is the establishment of control and fear in a relationship through violence and other
forms of abuse. The batterer uses act of violence and a series of behaviors including intimidation,
threats, psychological abuse, isolation ,etc. to coerce and to control the other person. The violence may
not happen often, but it remains as a hidden,(and constant) terrorizing factor.( Uniform Crime Reports,
Federal Bureau of Investigation, 1990).
Myth 3: Domestic violence only occurs in poor, urban areas.
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Fact 3: Women of all cultures, races, occupations, income, levels, and ages are battered—by husbands,
boytnends, lovers and partners.
Myth 4; Domestic violenc? is just a push, slap or punch—it does not produce serious injuries,
Fact 4: More than 25% of women who are battered are often severely injured who visit medical
■
Women & Health series -2
WHAT YOU CANDO:
1. Get to know these facts- Be aware & Sensitive
Take a stand on this issue
CAMPAIGN AGAINST
VIOLENCE
AGAINST WOMEN
2. Collect information about Violence Against Women
specially any unnatural death of young married women in
y Denial^ a
your area and document and disseminate- Inform others
of
Rights
and authorities
LU
r Foeticide \
Infanticide
3. Start dialogue—in different groups in the Community and
professionals
-
Break the culture of silence
-
Address the basic issue — status of women, dowry
4. Document evidence of violence- any type
5. File - First Information Report (FIR) in the police station
I Mental
\\ Torture
o
Sexual
Abuse
Rape
Physical^
I Violence
\At Home/
regarding any violent action against women
6. Contact State commission for women , socially conscious
FACTS THAT HAVE TO BE ADDRESSED & RESOLVED
lawyers, journalists dealing with gender violence.
7. Campaign in schools and colleges to prepare the young
people to accept & respect the girls and treat them as
equals & not as inferior.
Empower young girls to be assertive
8. Join hands with others to visit burns wards in hospitals
9.
1971-2000
Join with others to support protest rally for creation of
TAMIL NADU VOLUNTARY HEALTH ASSOCIATION
awareness and action and support of victims of violence.
18, Appadurai Main Street, Ayanavaram, Chennai - 600 023
a: 6450462, 6479585 Fax: 044-6601829
Email: tnvha@md2.vsnl.net.in / tnvha@eth.net
website: www. tnvha.orq and www.pcsadvt.com/tnvha
10. In your own groups, families,, religious circle create
awareness and motivate action.
^VIOLENCE 3)
Any action that hurts, kills, humiliates a person - physically,
mentally, socially including planned denial of fundamental rights
can be termed as violence
.
Women : In our country there are many incidents/ actions /
behaviour patterns that are against women - from womb to
tomb. Most of them are considered domestic, personal issues.
But they are destroying the social fabric & denying /
destroying the well being of half of our population constituting
the women & girls
Adult Women - Rejection - as daughter, daughter in law
- Denial of fundamental rights
- Torture and harassment due to dowry, power struggle
- Bride burning, suicide
A
- Even family planning methods are thrust on womenaffecting their health
- Domestic violence - physical, mental humiliation,
- Isolation - denial of access to help (parents).
- Sexual abuse by leaders, land lords, etc. even to punish
husband
- Violence in police station
J1OME IS NO MORE A SAFE PLACE
Violence Against Women - in the life cycle
Foetus
- Sex selection - leading to female foeticide.
Torture of mother for this. Because of Male
preference.
At Birth
- Rejection - female infanticide / killing
- denial of breast milk, immunisation, basic care
- Neglect this girl to have another child(male)
immediately thus depriving all attention to girl baby
Young girl - Rejection - denial of food (Nutritious food)
- Health care, love, care & acceptance
- Scolding, using abusive words
- Beating and torture
- Sexual molestation, rape, teasing at home and
outside
- Leading to suicide, low self esteem etc.
- Denial of opportunities to learn and develop skills
- To take care of sibblings
- Restricted Mobility
- Treated as a “Property” to be handed over- not as
HUMAN BEING with feelings & needs
Female foeticide, female infanticide
Sexual encounter-first rape at home by relatives
Girl tortured to not to say any things
& TIME TO RECON THESE STATISTICS )
DECLINING SEX RATIO per 1000 Men / Boys:
From more than 1000 in 1901 now in 2000
adult women 956 in Tamil Nadu (929 in India)
At birth (1st year) 929 in Tamil Nadu
LEADING CAUSE OF DEATH:
- Communicable diseases, malnutrition, violence
Between the age of 15-35 years
- Next to TB of lung (first)
-
Suicide and burning
Amongst top 10 Causes
according to (RGI) Registered General of IhHia
I
Z .
uf
POLICY STATEMENT ON POPULATION AND THE ENVIRONMENT
The current macro debate which portrays population growth c.s
the central variable in environmental degradation is not s-pportod
by research findings.
Extremes of wealth and poverty, leading to
overconsumption by some and the erosion of livelihoods for others,
skewed distribution and use of resources,
and patterns cf human
settlement (including urbanisation) have a stronger demonstrable
relationship to environmental degradation than population size per
se. In addition, macro/g1obal economic strategies and policy
decisions are increasingly affecting borh people and the natural
environment.
These findings are supported in stud^
afte. study,
across a wide range of social and environmental conditions.
There has been a long tradition of people adapting to and
shaping the natural environment through the accumulation cf local
knowledge and experience. This relationship has been increasingly
disrupted as a result of external global forces, notably the
globalisation
of
capital,
large-scale
technology
and
subordination within world markets, and rising
levels of consumption by the rich, particularly concentrated in
industrialised countries. These processes have eroded livelihoods,
communications,
and the interaction between people and
their environment.
The focus on population growth as rhe key
factor in degrading the environment is thus misplaced.
the natural environment,
Because poor women and children are the poorest of tr.e poor,
and because of the central role that women play in household and
natural resource management, they are particularly affecte- by uhe
erosion of livelihoods. It has been repeatedly demonstrated that
fertility is determined by cultural and socio-economic fac.^rs su^-h
legal and political rights,
as women's economic autonomy,
education, and access to reproductive health services anc health,
Fertility decline is also related to the improved survival chances
of offspring. However, general erosion of livelihoods as = result
of global economic and political forces, and resulting national
policies, are increasingly undermining women ’s access tc health
services (including family planning services) and education.
I
1
Policy implications are:
1.
Despite
current
ideologies
and
policies
trade
favouring
liberalisation free of state regulation, market forces
relied upon to protect the livelihoods of
cannot be
people or the health of the environment.
The global community (including NGOs and international
2.
institutions), national and local governments have an
obligation to protect the environment and to help to
the sustainable livelihoods of present and future
ensure
generations.
Extractive
3.
petroleum
Industries
Including
mining,
logging
tend to disrupt both the physical and social
It is therefore recommended that
environment.
data base of the social, economic and
a. an international
of these traded resources be
environmental effects
established;
be made available
b. information drawn from the data base
to local communities;
C.
social
and
environmental
impact
studies
be
commissioned by governments; and
extractive
of ethics for
international
code
d. an
and
into all concessions
companies be incorporated
contracts.
4.
transformative industries and
agriculture,
waste and pollution
military activities that may produce
dislocation
as severe
as well as
severe social and economic
the health of
affect the
adversely affect
the environment and
of the environmental and
Critical assessment
people,
is urgently needed.
human effects of these processes
Intensive
and
T*
5.
In order to promote the sustainability of, agriculture,
international organisations,
national governments, and
producers' associations must develop and disseminate more
This would help to
careful guidelines and regulations.
ensure that the use of modern agricultural technology
such
fertilisers.
as
and
irrigation
pesticides
have
machinery
the
. and
herbicides.
least
deleterious
impact on the environment and people.
6.
There must be a reassessment of macro-economic forces
such as debt, resulting structural adjustment programmes.
financial and trade flows and agreements.
and national
government interventions, to mitigate their dramatic and
damaging
effects
on
the
natural
environment
and
livelihoods of the poor.
7.
In order to promote sustainable development in general
and livelihoods in particular -
a. Management of local resources and the definition of
"environmental problems".
local
communities
can
must be democratised so that
influence
and
invoke
state
regulations and policies which protect their access to
resources.
b. Women's entitlements and access to key services must
increase. e.g.
education
- employment/chiId care
health care for themselves and their families
- adequate reproductive health services
- equal property and legal rights.
c. Women must have a stronger role in decision making.
access to
Women and men must have increased
d.
the
information
on
environmental
damage
of
the
which
industrialized
processes
products
and
they encounter in every day life.
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r
t
8.
Governments, corporations, academic institutions and
society must -promote more environmentally-sound and
sustainable forms of development and technology,
including the transfer of environmentally-appropriate
technology. To this end, innovative measures must be
developed and implemented with respect to national income
accounting systems, taxation and legislatioh.
9.
There must be a concerted effort on the part of the local,
national, and global communities to change values that
have led to overconsumption, so as to promote a new ethic
which attaches primacy to caring for people in harmony
with the environment.
CONCERNED SCHOLARS PARTICIPATING- IN A SSRC/ISSC/DAWN WORKSHOP Ohl
POPULATION AND THE ENVIRONMENT, MEXICO, Jan/Feb 1992.
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