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Legal Options for Domestic Violence Survivors: Know Your Rights

Sep 30, 2024

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Domestic violence refers to abusive behaviour in a domestic setting, typically involving intimate partners or family members. It can include:

  • Physical Abuse: Hitting, slapping, choking, or any other physical harm.

  • Emotional Abuse: Verbal insults, threats, humiliation, or manipulation.

  • Sexual Abuse: Non-consensual sexual acts or coercion.

  • Economic Abuse: Controlling finances or restricting access to resources.

Legal Framework:

  • Protection of Women from Domestic Violence Act, 2005 (PWDVA: Provides protection against sexual assault and harassment within domestic settings under Section 3(2).

  • Bharatiya Nyay Sanhita (Section 85 ): Cruelty by husband or relatives, also including dowry-related abuse.

    • Punishment: Up to 3 years imprisonment and a fine; non-bailable and cognizable offence.

  • Dowry Prohibition Act, 1961

    • Prohibits: Giving, taking, or demanding dowry.

    • Punishment: Punishments for dowry-related harassment and abuse, Up to 5 years of imprisonment with the fine of INR 15000


Police Procedures and Court Remedies:

  • Women Helpline : Victims can call the helpline on 1091.

  • Filing an FIR: Victims can file a First Information Report (FIR) at the local police nearby station to initiate legal proceedings.

  • Immediate Arrest: Police can arrest the abuser without a warrant if there is credible evidence of abuse.

  • Protection Officers: Assist victims in accessing court remedies, including filing applications for protection orders.

  • Evidence Collection: Police collect evidence, such as medical reports and witness statements, to strengthen the case

  • Court Remedies: Victims can approach the court for:

    • Protection Orders: To prevent further abuse.

    • Residence Orders: To secure the right to stay in the shared household.

    • Monetary Relief: Financial compensation for the victim and children.

    • Custody Orders: Temporary custody of children for the victim.

Sep 30, 2024

1 min read

0

1

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