Domestic violence act 2005 pdf


 

1) This Act may be called the Protection of Women from Domestic Violence Act, (2) It extends to the whole of India except the State of Jammu and Kashmir. This Act may be cited as the Domestic Violence Act. short title. 2. Family Court;. [The inclusion of this page is authorized by L.N. 11 1/]. This Act shall come into force on a date appointed by the Minister by statutory instrument. • 2. Interpretation. In this Act, unless the context otherwise requires-.

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Domestic Violence Act 2005 Pdf

the I3tb Septemb,,- , and i, he"by pobli,hed fo, gene,,! infonnation' form on receipt of a complaint of domestic violence from an awieved persoo;. PDF | Abstract Background: Domestic violence Act and section A has been heavily being misused. The Supreme Court has termed it “Legal. campaign on the Domestic Violence Act, which was passed in Act is a statement of commitment by the State that domestic violence will not be tolerated.

Definitions[ edit ] The Protection of Women from Domestic Violence Act different from the provision of the Penal Code - section A of the Indian Penal Code - in that it provides a broader definition of domestic violence. Domestic violence under the act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic. The salient features of the Protection from Domestic Violence Act, are as follows: The Act seeks to cover those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption; in addition relationship with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with them are entitled to get legal protection under the proposed Act. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition. This right is secured by a residence order, which is passed by a court. These residence orders cannot be passed against anyone who is a woman. The other relief envisaged under the Act is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented visited by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance from the domestic violence.

The empirics with the in-depth narratives of five male and female institutional stakeholders then follows. The discourses reveal the perceived emotional and submissive tendencies of Cambodian women, which retard the use of DV Law and render women blameworthy. Method The insights provided in this article are based on 50 institutional stakeholder interviews transcribed and translated from Khmer into English verbatim from digital voice recordings. They include interviews with legal and health professionals, NGO workers, low- and high-ranking police officers, religious figures, and local government authority leaders who each have an occupational investment in the implementation and enforcement of DV Law.

Of these, 40 interviews were conducted equally between two case study provinces—Siem Reap and Pursat.

The interviews with 24 men and 16 women represent the majority focus of the empirical analysis. Although the male interviewees worked predominantly as police officers, court officials, and community leaders, the female interviewees were mainly albeit not exclusively local counselors, deputy community leaders, and health professionals. Together, they formed part of a larger suite of research joint on why investments in DV legal reform are faltering in Cambodia.

In addition to a quantitative household survey element conducted with 1, lay participants over the age of 18, 40 interviews with female DV victims and a further 40 with male and female householders were conducted in both provinces see Brickell et al.

Cambodian Gender Context Since the turn of the millennium, the lack of success in converting legal reform advances into DV prevention has been acute in Cambodia.

Nationally representative data show that in 12 months preceding a ground breaking Partners for Prevention study, 1 in 4 women reported at least 1 act of physical or sexual violence perpetrated by an intimate partner. The insidious nature of DV in the Southeast Asian nation has been a long-standing concern since inaugural research conducted in the mids E.

Still, now, weaknesses of implementation and enforcement of this civil law mean that Cambodian women rarely have the ability to defend themselves and their interests Amnesty International, The modus operandi appears to be the former—samroh samruol—a Cambodian term for local reconciliation that has the meaning to smooth over and seek harmony.

This is ordinarily sought through a meeting orchestrated by a village or commune leader who tries to encourage compromise between parties to reach an agreement marked verbally or by a promissory note liket sanya. Yet the notion that women are complicit in the abandonment of legal intervention is complicated by the fact that institutional stakeholders rarely present this route as within the realms of possibility to victims. Although the article works to unpack these little-studied dynamics further, existing research in Cambodia has established multiple grounds on which women are judged and the perpetration of DV initially justified.

In spousal relationships, these revolved around gender norm violations including preparing unappetizing food, failing in motherly duties and housekeeping, being sexually unavailable, and arguing too much Luco, ; Surtees, ; United Nations Development Program [UNDP] Cambodia and VBNK, Data from two surveys supplement such findings with insights drawn from police lower and higher ranking and local authorities district and communal; MOWA, , It is within this fatalistic framework and within the confines of prevailing gender norms that women are often encouraged to endure the violence they encounter.

Domestic Violence Act - 2005

In the Cambodian context then, Kent writes that the international rhetoric about empowering women and raising their awareness of their rights therefore needs to be scrutinized in light of the fact that real economic pressures in interplay with cultural factors may increase of the vulnerability of many women. Given its casting of DV as a private family affair, the Chbab Srei is regularly highlighted as a barrier to the alleviation of this human rights abuse and reflects the interplay of cultural factors that Kent raises.

Victims as Self-Imposed Barriers to Legal Redress The empirical sections that follow focus on institutional stakeholder rhetorics that paint women as complicit in their ongoing victimhood by withdrawing from legal recourse. In these narratives, neither empathy for the suffering of the victim, the actions of perpetrators, nor the violation of human rights is declared.

Both are dimensions of victim blaming that raise complex questions surrounding the agency of victims to take up legal help. Seminal work by Dunn , ventures that women are judged accountable for their actions given cultural codes, which posit that all individuals have free will. As she elaborates, When battered women are depicted as staying in or returning to their violent relationships, this violates the normative expectation that people ordinarily act in their own best interest, which rests on the assumption that they are free to do so.

Dunn, , p. Women are constructing their own entrapment rather than the structural inadequacies and coercive social norms that condition their everyday lives. In Cambodia, access to justice presents a compelling set of risks to victims, from economic ruin to social stigmatization.

It requires viewing rights as economic and material entities Nussbaum, In the context of Spain, for example, Briones-Vozmediano et al. Under such circumstances, it is important not to assume that the practices of institutional stakeholders are a product of free will or unbridled capabilities either. In Cambodia, local authorities operate within an environment of chronic under-resourcing, lack of legal knowledge, and poor training, which severely hinders their ability to assist victims.

Women, especially Khmer women, are taught to be very patient at all times. They are to take the abuse with gritted teeth and smile to the world simultaneously. Kamol, a year-old male police officer, is one such example. His interview also spoke to the difficulties faced in bringing cases to court.

During his 6 years of dealing with DV cases, all but two stopped at local reconciliation this example mirrors a general trend that formally adjudicated cases of DV are rare. Women face financial difficulties without their husbands around. Most of these women depend entirely on their spouses for financial support. Therefore, they have no choice sometimes but to seek the release of these men so that they can provide the family with financial support.

Another important factor is the pressure these women face inside the community. The elders, along with their family, tend to force them to forgive the wrongdoings their spouses commit, claiming that it is natural that men are violent and mistake-prone. But truthfully. The fact that these women consistently bail out their abusive spouses has everything to do with the unhealthy emotional attachments they have with these violent men.

Initially, when they are angry because of the abuse, they come over and are adamant about getting their spouses arrested. Later, as we try to do our jobs to bring them justice, they change their minds.

The Protection of Women from Domestic Violence Act,

They beg and cry for these men to be released. The law does its work by arresting her abusive husband. The legal procedure demands that he stands trial and faces punishment for his actions. The victim breaks this line of justice by demanding the court to release him and strip him of all personal responsibility.

However, the issue is not with us but rather with the victims themselves. The implication here is that women are too emotional for DV law to be effectively applied. This perspective ignores the risks to women of accessing justice which he himself is conscious of ; the cycles of manipulative contrition and violence, which characterize DV; and the fact that love and marriage are, by their very nature, emotionally charged affairs.

Women by contrast blur the justice system and deny the agency of law to punish. Further interviews in the sample of interviewees demonstrate the rhetorical reliance on the emotionality of women to explain the environment of impunity surrounding DV Law. As a year-old female district leader comments, The biggest problem is the victims themselves.

The Act provides for breach of protection order or interim protection order by the respondent as a cognizable and non-bailable offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both.

Similarly, non-compliance or discharge of duties by the Protection Officer is also sought to be made an offence under the Act with similar punishment. Application to the magistrate[ edit ] An application regarding domestic violence can be presented to the magistrate seeking one or more reliefs mentioned in sections by: The aggrieved person, Protection officer on behalf of aggrieved person Any other person on behalf of aggrieved person Jurisdiction of court[ edit ] The first class magistrate court or metropolitan court shall be the competent court within the local limits of which The aggrieved person permanently or temporary resides or carries on business or is employed The respondent permanently or temporally resides or carries on business or is employed or The cause of action arises.

Any order made under this Act shall be enforceable throughout India While disposing application the magistrate shall take in to consideration any domestic incident report received from the protection officer or service provider. The relief sought under this section includes the issuance of order of payment or compensation or damages without prejudice to the right of such person to institute suit for compensation or damages for injuries caused by the act of domestic violence.

If the magistrate is satisfied that an application prima facie discloses that the respondent is committing or has committed an act of domestic violence or there is a likelihood of such violence, he may grant following exparte interim order against the respondent on the basis of affidavit of the aggrieved person. Magistrate can issue different orders such as Protection order, residence order, monetary relief, custody order or compensatory orders as per the circumstances of the case.

In case of an earlier decree of compensation or damages passed by any other court, in favour of aggrieved person, the amount if any paid shall be set off against the order of amount payable under this act.

The Protection of Women From Domestic Violence Act, 2005

The application to the magistrate shall be as nearly possible to the formats prescribed under this Act and Rules. After receiving the application the Magistrate shall fix the date of first hearing within 3 days and the magistrate shall endeavor to dispose of every application be within a period of 60 days of the first hearing. The notice of the date of hearing shall be given by the magistrate to the protection officer who shall get it served to the respondent.

At any stage of the application, the magistrate may order, counselling of the respondent or aggrieved person either singly or jointly with any member of service provider. The magistrate may secure the service of suitable person preferably a woman including a person engaged in the welfare of women for assisting the court in the discharge of its function.

The Bill, inter alia, seeks to provide for the following:- i It covers those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or through a relationship in the nature of marriage or adoption. In addition, relationships with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to legal protection under the proposed legislation.

However, whereas the Bill enables the wife or the female living in a relationship in the nature of marriage to file a complaint under the proposed enactment against any relative of the husband or the male partner, it does not enable any female relative of the husband or the male partner to file a complaint against the wife or the female partner.

Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.

It also provides for the right of a woman to reside in her matrimonial home or shared household, whether or not she has any title or rights in such home or household.

This right is secured by a residence order, which is passed by the Magistrate. The Bill seeks to achieve the above objects. The notes on clauses explain the various provisions contained in the Bill. Definition of domestic violence. Explanation I. Explanation II. Information to Protection Officer and exclusion of liability of informant. Duties of police officers, service providers and Magistrate. Duties of shelter homes.

Duties of medical facilities.

Appointment of Protection Officers.

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