
Legal Options for Domestic Violence Survivors: Know Your Rights
Sep 30, 2024
1 min read
0
1
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.






