Harassment and Cruelty under Domestic Violence Act, Summaries of Law

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“HARASSMENT AND CRUELTY

UNDER DOMESTIC VIOLENCE

ACT,

EXPLORING

“HINDU MARRIAGE ACT, 1955”

Violence against women and girls continues to be a global

epidemic that kills, tortures, and maims-physically,

psychologically, sexually and economically.

It is one of the most pervasive of human rights violations, denying

women and girls equality, security, dignity, self-worth, and their

right to enjoy fundamental freedoms.

This definition refers to the gender-based roots of violence,

recognizing that "violence against women is one of the crucial

social mechanisms by which women are forced into a subordinate

position compared with men."

It broadens the definition of violence by including both the

physical and psychological harm done towards women, and it

includes acts in both private and public life.

Introduction

 (^) Harasses, harms injures or endangers the aggrieved person to coerce her or any other person related to her to meet any Unlawful demand for any dowry or other property or valuable security, or

Has the effect of threatening the aggrieved person or any person related to her by any conduct or Otherwise injures or causes harm, whether physical or mental, to the aggrieved person.  (^) Physical abuse  (^) Sexual abuse  (^) Verbal abuse Domestic Violence Act,2005 in India.

354 of IPC- Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Harassment definitions with sections.

According to-

1. Hindu Marriage Act,1955 Maintenance is defined under Section 25.
2. Domestic Violence Act,2005 Maintenance/Monetary Reliefs is defined under section 20(d). According to-
3. Hindu Minority and Guardianship Act,1956 the Guardianship is defined under Section 6.
4. Domestic Violence,2005 the custody orders are defined under Section 21. According to-
5. Hindu Marriage Act,1955 Cruelty is defined but there is no particular Section mentioned.
6. Domestic Violence Act,2005 Cruelty is defined concerning IPC i.e. under section 498A. Correlation between Hindu Marriage Act,1955 related to Domestic Violence Act,2005.

According to the Domestic Violence Act,2005.

 Section 12 - Application to Magistrate

 Section 17 - Right to reside in a shared household

 Section 18 - Protection orders

 Section 19 - Residence orders

 Section 20 - Monetary reliefs

 Section 21 - Custody orders

 Section 22 - Compensation orders

 Section 23 -Power to grant interim and ex parte orders.

Reliefs under the Domestic Violence Act,

3. Delhi High Court: Qualification and the capacity to earn cannot be a ground to deny interim maintenance to a wife [Date - 24-08-2019] A bench of Justice Sachdeva has passed the order in the case titled Binita Dass v. Uttam Kumar on 09.08.2019. Delhi High Court has held that Magistrate cannot deny interim maintenance to wife only because she has earning capacity or is a qualified person 4. Calcutta High Court: Determination of compensation has to be rational and it should not be an outcome of guesses, High Court allowed wife Rs.1,00,000 as compensation [ Date - 15-07-2019] Justice Mitra has passed the order in the case titled as Smt. Haimanti Mal vs. The State of West Bengal on 09.07.2019. Calcutta High Court has awarded Rs.1,00,000/- as compensation to the wife for the mental agony suffered due to the conduct of the husband. But, in absence of any evidence or materials on record, the grant of compensation cannot be justified. Section 22 of the Protection of Women from Domestic Violence Act, 2005 speaks about compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by the respondent

The Supreme Court has observed that mere passing of a 'maintenance'

order under Section 125 of the Code of Criminal Procedure does not

bar an 'aggrieved person' from seeking appropriate reliefs under the

Protection of Women from Domestic Violence Act, 2005.

In a significant verdict, the Supreme Court held that the relief granted

the right to the residence to a married woman under the domestic

violence law by a criminal court is "relevant" and can be considered

even in civil proceedings seeking her eviction from the matrimonial

home.

Deliberating in detail about the provisions of the Protection of Women

from Domestic Violence Act, 2005, the apex court said, "the progress

of any society depends on its ability to protect and promote the rights

of its women.

Latest Judgement was given about Grant on Relief

Domestic violence against women is an age-old phenomenon and

women are the victims because they are considered to be weak,

vulnerable, and in a position to be exploited.

It takes place behind closed doors, the various doors meant for her

protection from the outside world.

Different types of domestic violence in India against women have

their roots in the deep-rooted patriarchal gender bias and

discrimination against them.

Lack of awareness, poverty and traditional oppression and customs

place Indian women at receiving ends.

The victim's inability to access legal remedies and ineffective and

the inability of the law to reach the victim is more tragic.

The fact in India women is made to suffer human right abuses in a

gender-specific way.

Conclusions.

1. A wider social movement of educating women of their rights, to

conquer the menace, is needed more particularly in rural areas where

women are still largely uneducated and less aware of their rights and

fall easy prey to their exploitation.

2. It is expected that the courts would deal with such cases more

realistically and not allow the criminals to escape on account of

procedural technicalities or insignificant lacunae in the evidence as

otherwise, the criminals would receive encouragement and the victims

of the crime would be discouraged by the crime going unpunished.

3. The courts are expected to be sensitive in cases involving crime

against women. The verdict of acquittal made by the trial court in the

case is an illustration of the lack of sensitivity on the part of the trial

court.

Suggestions.

Thank you