UNIT 2

UNTOUCHABILITY
• Social boycott instilled in the psychological strata of person’s mind. Untouchables
are deem to be impure and not included in the caste or Varna system.
• Concept is based upon the impurity of the person.
• There is a rigid believe that one should not come in contact with these person as that
leads to impurity of the upper class as well as they are involved in the menial jobs.
• This demarcation is on the basis of the birth of individual.
• Orthodox Hindus also categorized certain people who ate beef to be untouchables as
under Hindu mythology consuming beef is a sin, though otherwise there is not other
primitive or birth reason.
• Varna system- a person is born in one of the four castes based upon the level of purity or
karma
 Brahmans -priest/teachers
 Kshatriyas -rulers/soldiers
 Vaishyas -merchants/traders
 Sudras -laborers

 Idea of fifth class also developed which are the outcaste who didn’t fall any four called as the
untouchables (did miserable tasks)
 Evolved from the later vedic period (1000 BCE- 600 BCE)
 Now the concept has evolved and new terms are in picture such as Dalits, Harijans, etc.
Constitutional Provisions
ARTICLE 17 Abolition of Untouchability
• “Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability
arising out of “Untouchability” shall be an offence punishable in accordance with law.
ARTICLE 15
• State shall not discriminate on the basis of caste, religion, race, or place of birth. No citizen shall, on
grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability,
restriction or condition with regard to — (a) access to shops, public restaurants, hotels and places of public
entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained
wholly or partly out of State funds or dedicated to the use of the general public.
ARTICLE 16
• equal opportunity to all citizens for employment in any office under the State, including in promotions,
without any discrimination based on caste.
ARTICLE 46
• State shall promote the educational and economic interests of weaker sections, namely
“Scheduled Castes and Scheduled Tribes.”
• ARTICLE 243D reservation for Scheduled Castes and Scheduled Tribes in
Panchayats in the same proportion as the population of Scheduled Castes or
Scheduled Tribes in the village.
• ARTICLE 243T promises the same proportionate reservation of seats in
Municipalities.
• ARTICLE 330 promises reservation for Scheduled Castes and Scheduled Tribes in
the Lok Sabha, once more, on a proportional basis to the total population of SC/STs
to overall population.
• ARTICLE 330-342 provisions relating to certain classes.
ARTICLE 366 (24) & (25) Scheduled Castes and Scheduled Tribes
• “Scheduled Castes” means such castes, races or tribes or parts of or groups
within such castes, races or tribes as are deemed under article 341 to be
Scheduled Castes for the purposes of this Constitution;
• “Scheduled Tribes” means such tribes or tribal communities or parts of or
groups within such tribes or tribal communities as are deemed under article
342 to be Scheduled Tribes for the purposes of this Constitution;
• ARTICLE 341
• The President may with respect to any State or Union territory, and where it is a State
after consultation with the Governor thereof, by public notification, specify the castes,
races or tribes or parts of or groups within castes, races or tribes which shall be deemed
to be Scheduled Castes in relation to that State or Union territory.
• Parliament may by law include in or exclude from the list of Scheduled Castes specified
in a notification any caste, race or tribe or part of or group within any caste, race or tribe.
• ARTICLE 342
• The President may with respect to any State or Union territory, and where it is a State
after consultation with the Governor thereof, by public notification, specify the tribes or
tribal communities or parts of or groups within tribes or tribal communities which shall
be deemed to be Scheduled Tribes in relation to that State or Union territory.
• Parliament may by law include in or exclude from the list of Scheduled Tribes any tribe
or tribal community or part of or group within any tribe or tribal community.
• Scheduled castes are sub-communities within the framework of the Hindu caste system who
have historically faced deprivation, oppression, and extreme social isolation in India on
account of their perceived ‘low status’. Only marginalized Hindu communities can be deemed
Scheduled Castes in India, according to The Constitution (Scheduled Castes) Order, 1950.
• no person who professes a religion different from the Hindu, the Sikh or the Buddhist religion
shall be deemed to be a member of a Scheduled Caste.
• Scheduled Castes and Scheduled Tribes are quite different. Both groups have faced, and
continue to face, severe oppression and marginalization but where Scheduled Castes face
social, educational, and economic isolation, Scheduled Tribes are classified as marginalized
communities on the basis of geographical isolation. Marginalization of Scheduled Tribes is
not a result of the Hindu caste system.
• Primitiveness, geographical isolation, shyness and social, educational & economic
backwardness due to these reasons are the traits that distinguish Scheduled Tribe
communities of our country from other communities—National Commission on STs.
The Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989

Objective of the Act

• Prevent the commission of offences of atrocities against the members of the
Scheduled Castes and the Scheduled Tribes
• Provide for Special Courts and the Exclusive Special Courts for the trial of such
offences under the Act
• Provide for relief and rehabilitation of the victims of such offences
About the Act
• Came into force on 30th January, 1990
Atrocity
• Section 2(1)(a) atrocity means an offence punishable under section 3 of the Act
• Section 3 Punishments for offences atrocities
• Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,—
a) puts any inedible or obnoxious substance into the mouth of a member of a Scheduled Caste or a
Scheduled Tribe or forces such member to drink or eat such inedible or obnoxious substance
b) dumps excreta, sewage, carcasses or any other obnoxious substance in premises, or at the
entrance of the premises, occupied by a member of a Scheduled Caste or a Scheduled Tribe
c) with intent to cause injury, insult or annoyance to any member of a Scheduled Caste or a
Scheduled Tribe, dumps excreta, waste matter, carcasses or any other obnoxious substance in
his neighborhood
d) garlands with footwear or parades naked or semi-naked a member of a Scheduled Caste or a
Scheduled Tribe
e) forcibly commits on a member of a Scheduled Caste or a Scheduled Tribe any act, such as removing
clothes from the person, forcible tonsuring of head, removing moustaches, painting face or body or any
other similar act, which is derogatory to human dignity
f) wrongfully occupies or cultivates any land, owned by, or in the possession of or allotted to, or notified by
any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe, or gets
such land transferred
g) wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises
or interferes with the enjoyment of his rights, including forest rights, over any land or premises or water
or irrigation facilities or destroys the crops or takes away the produce therefrom.
Wrongfully includes
against the person’s will
without the person’s consent
with the person’s consent, where such consent has been obtained by putting the person, or any other person in whom
the person is interested in fear of death or of hurt
fabricating records of such land
h) makes a member of a Scheduled Caste or a Scheduled Tribe to do “begar” or other forms of forced or
bonded labour other than any compulsory service for public purposes imposed by the Government
i) compels a member of a Scheduled Caste or a Scheduled Tribe to dispose or carry human or animal
carcasses, or to dig graves;
j) makes a member of a Scheduled Caste or a Scheduled Tribe to do manual scavenging or
employs or permits the employment of such member for such purpose
k) performs, or promotes dedicating a Scheduled Caste or a Scheduled Tribe woman to a
deity, idol, object of worship, temple, or other religious institution as a devdasi or any
other similar practice or permits aforementioned acts
l) forces or intimidates or prevents a member of a Scheduled Caste or a Scheduled Tribe—
(A) not to vote or to vote for a particular candidate or to vote in a manner other than that provided by law
(B) not to file a nomination as a candidate or to withdraw such nomination
(C) not to propose or second the nomination of a member of a Scheduled Caste or a Scheduled Tribe as a
candidate in any election
m) forces or intimidates or obstructs a member of a Scheduled Caste or a Scheduled Tribe,
who is a member or a Chairperson or a holder of any other office of a Panchayat under
or a Municipality as per the the Constitution, from performing their normal duties and
functions
n) after the poll, causes hurt or grievous hurt or assault or imposes or threatens to impose
social or economic boycott upon a member of a Scheduled Caste or a Scheduled Tribe
or prevents from availing benefits of any public service which is due to him
o) commits any offence under this Act against a member of a Scheduled Caste or a
Scheduled Tribe for having voted or not having voted for a particular candidate or for
having voted in a manner provided by law
p) institutes false, malicious or vexatious suit or criminal or other legal proceedings
against a member of a Scheduled Caste or a Scheduled Tribe
q) gives any false or frivolous information to any public servant and thereby causes such
public servant to use his lawful power to the injury or annoyance of a member of a
Scheduled Caste or a Scheduled Tribe
r) intentionally insults or intimidates with intent to humiliate a member of a Scheduled
Caste or a Scheduled Tribe in any place within public view
s) abuses any member of a Scheduled Caste or a Scheduled Tribe by caste name in any
place within public view
t) destroys, damages or defiles any object generally known to be held sacred or in high
esteem by members of the Scheduled Castes or the Scheduled Tribes.
“object” means and includes statue, photograph and portrait
u) by words either written or spoken or by signs or by visible representation or otherwise
promotes or attempts to promote feelings of enmity, hatred or ill-will against members
of the Scheduled Castes or the Scheduled Tribes
v) by words either written or spoken or by any other means disrespects any late person held
in high esteem by members of the Scheduled Castes or the Scheduled Tribes;
w) (i) intentionally touches a woman belonging to a Scheduled Caste or a Scheduled Tribe,
knowing that she belongs to a Scheduled Caste or a Scheduled Tribe, when such act of
touching is of a sexual nature and is without the recipient’s consent
consent means an unequivocal voluntary agreement when the person by words, gestures, or any form of non-
verbal communication, communicates willingness to participate in the specific act
Provided that a woman belonging to a Scheduled Caste or a Scheduled Tribe who does not offer physical
resistance to any act of a sexual nature is not by reason only of that fact, is to be regarded as consenting to the
sexual activity
Provided further that a woman’s sexual history, including with the offender shall not imply consent or
mitigate the offence
(ii) uses words, acts or gestures of a sexual nature towards a woman belonging to a Scheduled Caste
or a Scheduled Tribe, knowing that she belongs to a Scheduled Caste or a Scheduled Tribe.
x) corrupts or fouls the water of any spring, reservoir or any other source ordinarily
used by members of the Scheduled Castes or the Scheduled Tribes so as to render
it less fit for the purpose for which it is ordinarily used
y) denies a member of a Scheduled Caste or a Scheduled Tribe any customary right
of passage to a place of public resort or obstructs such member so as to prevent
him from using or having access to a place of public resort to which other
members of public or any other section thereof have a right to use or access to
z) forces or causes a member of a Scheduled Caste or a Scheduled Tribe to leave his
house, village or other place of residence
Provided that nothing contained in this clause shall apply to any action taken in discharge of a
public duty
• obstructs or prevents a member of a Scheduled Caste or a Scheduled Tribe in any manner
with regard to—
• using common property resources of an area, or burial or cremation ground equally with others or
using any river, stream, spring, well, tank, cistern, water-tap or other watering place, or any bathing
ghat, any public conveyance, any road, or passage
• mounting or riding bicycles or motor cycles or wearing footwear or new clothes in public places or
taking out wedding procession, or mounting a horse or any other vehicle during wedding
processions
• entering any place of worship which is open to the public or other persons professing the same
religion or taking part in, or taking out, any religious, social or cultural processions including jatras
• entering any educational institution, hospital, dispensary, primary health centre, shop or place of
public entertainment or any other public place; or using any utensils or articles meant for public use
in any place open to the public
• practicing any profession or the carrying on of any occupation, trade or business or employment in
any job which other members of the public, or any section thereof, have a right to use or have
access to
• causes physical harm or mental agony of a member of a Scheduled Caste or a
Scheduled Tribe on the allegation of practicing witchcraft or being a witch
• imposes or threatens a social or economic boycott of any person or a family or a
group belonging to a Scheduled Caste or a Scheduled Tribe
shall be punishable with imprisonment for a term which shall not be less than six
months but which may extend to five years and with fine.
• Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,—
(i) gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will
thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be convicted of an offence
which is capital by the law for the time being in force shall be punished with imprisonment for life
and with fine; and if an innocent member of a Scheduled Caste or a Scheduled Tribe be convicted and
executed in consequence of such false or fabricated evidence, the person who gives or fabricates such
false evidence, shall be punished with death;
(ii) gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he
will thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be convicted of an
offence which is not capital but punishable with imprisonment for a term of seven years or upwards,
shall be punishable with imprisonment for a term which shall not be less than six months but which
may extend to seven years or upwards and with fine;
(iii) commits mischief by fire or any explosive substance intending to cause or knowing it to be likely
that he will thereby cause damage to any property belonging to a member of a Scheduled Caste or a
Scheduled Tribe, shall be punishable with imprisonment for a term which shall not be less than six
months but which may extend to seven years and with fine
(iv) commits mischief by fire or any explosive substance intending to cause or knowing it to be
likely that he will thereby cause destruction of any building which is ordinarily used as a place of
worship or as a place for human dwelling or as a place for custody of the property by a member of a
Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for life and with fine;
(v) commits any offence under the IPC punishable with imprisonment for a term of ten
years or more against a person or property knowing that such person is a member of a
Scheduled Caste or a Scheduled Tribe or such property belongs to such member], shall be
punishable with imprisonment for life and with fine
(va) commits any offence specified in the Schedule, against a person or property, knowing
that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property
belongs to such member, shall be punishable with such punishment as specified under the
IPC for such offences and shall also be liable to fine
(vi) knowingly or having reason to believe that an offence has been committed under this
Chapter, causes any evidence of the commission of that offence to disappear with the
intention of screening the offender from legal punishment, or with that intention gives any
information respecting the offence which he knows or believes to be false, shall be
punishable with the punishment provided for that offence
(vii) being a public servant, commits any offence under this section, shall be punishable
with imprisonment for a term which shall not be less than one year but which may extend to
the punishment provided for that offence.
• Hitesh Verma vs State of Uttarakhand (2020)- SC held that insulting or intimidating
a person belonging to Scheduled Caste or Scheduled Tribe (SC/ST) community will
not by itself amount to an offence under the SC and ST (Prevention of Atrocities)
Act unless such insult or intimidation is on account of victim belonging to SC/ST
community
Punishment for neglect of duties
• Whoever, being a public servant but not being a member of a Scheduled Caste or a
Scheduled Tribe, wilfully neglects his duties required to be performed by him under
this Act and the rules made thereunder, shall be punishable with imprisonment for a
term which shall not be less than six months but which may extend to one year.
• The duties of public servant referred to in sub-section (1) shall include––
(a) to read out to an informant the information given orally, and reduced to writing by the
officer in charge of the police station, before taking the signature of the informant;
(b) to register a complaint or a First Information Report under this Act and other relevant
provisions and to register it under appropriate sections of this Act;
(c) to furnish a copy of the information so recorded forthwith to the in formant;
(d) to record the statement of the victims or witnesses;
 (e) to conduct the investigation and file charge sheet in the Special Court or the Exclusive
Special Court within a period of sixty days, and to explain the delay if any, in writing;
(f) to correctly prepare, frame and translate any document or electronic record;
(g) to perform any other duty specified in this Act or the rules made thereunder:

Provided that the charges in this regard against the public servant shall be booked on
the recommendation of an administrative enquiry.
The cognizance shall be taken by the Special Court or the Exclusive Special Court
and shall direct penal proceeding against the public servant.
Forfeiture of property of certain
persons
• Where a person has been convicted of any offence punishable under this Chapter,
the Special Court may, in addition to awarding any punishment, by order in writing,
declare that any property, movable or immovable or both, belonging to the person,
which has been used for the commission of that offence, shall stand forfeited to
Government.
• Where any person is accused of any offence under this Chapter, it shall be open to
the Special Court trying him to pass an order that all or any of the properties,
movable or immovable or both, belonging to him, shall, during the period of such
trial, be attached, and where such trial ends in conviction, the property so attached
shall be liable to forfeiture to the extent it is required for the purpose of realisation
of any fine imposed
Presumption as to ofences S.8
• In a prosecution for an offence if it is proved that—
(a) the accused rendered any financial assistance in relation to the offences committed by a
person accused of or reasonably suspected of, committing, an offence under this Chapter,
the Special Court shall presume, unless the contrary is proved, that such person had abetted
the offence;
(b) a group of persons committed an offence under this Chapter and if it is proved that the
offence committed was a sequel to any existing dispute regarding land or any other matter,
it shall be presumed that the offence was committed in furtherance of the common intention
or in prosecution of the common object;
(c) the accused was having personal knowledge of the victim or his family, the Court shall
presume that the accused was aware of the caste or tribal identity of the victim, unless the
contrary is proved.
Removal of person likely to
commit ofence S.10
• Where the Special Court is satisfied, upon a complaint or a police report that a person is likely
to commit an offence under the Act in any area included in ‘Scheduled Areas’ or ‘tribal areas’,
as referred to in article 244 of the Constitution, or any area identified under the provisions of
clause (vii) of sub-section (2) of section 21, it may, by order in writing, direct such person to
remove himself beyond the limits of such area, by such route and within such time as may be
specified in the order, and not to return to that area from which he was directed to remove
himself for such period, not exceeding three years, as may be specified in the order.
• The Special Court shall, along with the order under sub-section (1), communicate to the person
directed under that sub-section the grounds on which such order has been made.
• The Special Court may revoke or modify the order made under sub-section (1), for the reasons
to be recorded in writing, on the representation made by the person against whom such order
has been made or by any other person on his behalf within thirty days from the date of the order.
Power of State Government to
impose collective fne S.16
• The provisions of section 10-A of the Protection of Civil Rights Act, 1955 shall apply for the purposes
of imposition and realisation of collective fine and for all other matters connected therewith under this
Act.
• S.10A- If the State Government is satisfied that the inhabitants of an area are concerned in, or abetting
the commission of, any offence punishable, or harbouring persons concerned in the commission of
such offence or failing to render all the assistance in their power to discover or apprehend the offender
or offenders or suppressing material evidence of the commission of such offence, the State
Government may, by notification in the Official Gazette, impose a collective fine on such inhabitants
and apportion such fine amongst the inhabitants who are liable collectively to pay it, and such
apportionment shall be made according to the State Government’s judgment of the respective means
of such inhabitants and in making any such apportionment the State Government may assign a portion
of such fine to a Hindu undivided family to be payable by it
Provided that the fine apportioned to an inhabitant shall not be realised until the petition, if any, filed by him is disposed
of.
• Any person aggrieved by the imposition of the collective fine under sub-section (1) or by
the order of apportionment, may, within the prescribed period, file a petition before the
State Government or such other authority as that Government may specify in this behalf for
being exempted from such fine or for modification of the order or apportionment
Provided that no fee shall be charged for filing such petition.
• The portion of collective fine payable by any person (including a Hindu undivided family)
may be recovered in the manner provided by the Code of Criminal Procedure, 1973 for the
recovery of fines imposed by a Court as if such portion were a fine imposed by a
Magistrate.
• S.421 CrPC- When an offender has been sentenced to pay a fine, the Court passing the
sentence may take action for the recovery of the fine in either or both of the following ways,
that is to say, it may-
(a) issue a warrant for the levy of the amount by attachment and sale of any movable property
belonging to the offender;
(b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of
land revenue from the movable or immovable property, or both, of the defaulter:
Preventive action to be taken by
the law and order machinery S.17
• A District Magistrate or a Sub-Divisional Magistrate or any other Executive
Magistrate or any police officer not below the rank of a Deputy Superintendent of
Police may, on receiving information and after such inquiry as he may think
necessary, has reason to believe that a person or a group of persons not belonging to
the Scheduled Castes or the Scheduled Tribes, residing in or frequenting any place
within the local limits of his jurisdiction is likely to commit an offence or has
threatened to commit any offence under this Act and is of the opinion that there is
sufficient ground for proceeding, declare such an area to be an area prone to
atrocities and take necessary action for keeping the peace and good behaviour and
maintenance of public order and tranquillity and may take preventive action.
• The provisions of Chapters VIII, X and XI of the CrPC shall apply
• The State Government may, by notification in the Official Gazette, make one or
more schemes specifying the manner in which the officers referred to in sub-section
(1) shall take appropriate action specified in such scheme or schemes to prevent
atrocities and to restore the feeling of security amongst the members of the
Scheduled Castes and the Scheduled Tribes.
Section 438 of the CrPC not to
apply to persons committing
an
•
ofence under the Act S.18
Section 438 of the Code shall not apply in relation to any case involving the arrest
of any person on an accusation of having committed an offence under this Act.
• State of Madhya Pradesh and Another v/s Ram Krishna Balothia and Another 1995,
constitutional validity of this provision was challenged on being violative of Art 14
and 21. Court held, ….
the apprehension that perpetrators of such atrocities are likely to threaten and intimidate
their victims and prevent or obstruct them in the prosecution of these offenders, if the
offenders are allowed to avail of anticipatory bail. Also it difficult to accept the contention
that Section 438 of the Code of Criminal Procedure is an integral part of Article21. In the
first place, there was no provision similar to Section 438 in the old Criminal Procedure
Code. The Law Commission in its 41st Report recommended introduction of a provision for
grant of anticipatory bail.
• Dr Subhash Kashinath Mahajan vs. The State of Maharashtra and Anr 2018, SC opined that the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act) was being misused
and laid down guidelines, substantially diluting the provisions of the Act.
• In the absence of any other sole offence calling for arrest in lieu of offences mentioned under the
Atrocities Act no arrest may be done if a person is a public servant without the written permission of
the appointing authority.
• if the person is not a public servant then a person cannot be arrested without a written permission of the
Senior Superintendent of Police of the District provided that the permission granted and the reasons
provided must be recorded and they must be served to the person being arrested and before the Court.
• when the person arrested is produced before the magistrate, then the magistrate must apply his mind to
the reasons which have been recorded and such detention should be allowed only if the allegations are
found to be true.
• in order to avoid false complaints and FIRs a preliminary inquiry may be made to see whether the case
falls within the parameters of Atrocities Act. The whole purpose of this is to see that there is no fraud
and fabricated complaint.
• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act,
2018 diluted the effect of the Supreme Court’s decision in Dr. Subhash Kashinath Mahajan
v. The State of Maharashtra
• S.18A No enquiry or approval required- (a) preliminary enquiry shall not be required for
registration of a First Information Report against any person; or (b) the investigating officer
shall not require approval for the arrest, if necessary, of any person, against whom an
accusation of having committed an offence under this Act has been made and no procedure
other than that provided under this Act or the Code shall apply.
• The provisions of section 438 of the Code shall not apply to a case under this Act,
notwithstanding any judgment or order or direction of any Court.
• Prathvi Raj Chauhan v. UOI 2018 Supreme Court upheld the constitutional validity of
Parliament’s 2018 Amendment to the Prevention of Atrocities Act. while there is a general
bar on granting an accused under the PoA Act anticipatory bail, this will not apply if the
complaint fails to make out a prima facie case for the applicability of the PoA Act provisions
against the accused.
THE PROTECTION OF WOMEN
FROM DOMESTIC VIOLENCE
ACT, 2005
How law developed
• The United Nations Committee on the Elimination of Discrimination against
Women (CEDAW), an expert body established in 1982, is composed of 23 experts
on women's issues from around the world.
The Committee's mandate is very specific: it watches over the progress for women
made in those countries that are the States parties to the 1979 Convention on the
Elimination of All Forms of Discrimination against Women. A country becomes a
State party by ratifying or acceding to the Convention and thereby accepting a legal
obligation to counteract discrimination against women. The Committee monitors the
implementation of national measures to fulfil this obligation.
• The enactment in question was passed by the Parliament with recourse to Article
253 of the Constitution. This provision confers on the Parliament the power to make
laws in pursuance of international treaties, conventions, etc.
Object and reasons
• provide for more effective protection of the rights of women guaranteed under the
Constitution who are victims of violence of any kind occurring within the family
• fundamental rights guaranteed by Constitution are under Articles 14, 15 and 21
• Right to life and liberty includes the right to be free of violence Francis Coralie
Mullin v. Union Territory Delhi, Administrator 1981 , the right to dignity, the right
to shelter.
• It extends to the whole of India
• Came into force on 26th October, 2006
Section 2
• “aggrieved person” means any woman who is, or has been, in a domestic relationship
with the respondent and who alleges to have been subjected to any act of domestic
violence by the respondent
• “respondent” means any adult male person who is, or has been, in a domestic relationship
with the aggrieved person and against whom the aggrieved person has sought any relief
under this Act:
Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a
complaint against a relative of the husband or the male partner

• “domestic relationship” means a relationship between two persons who live or have, at any
point of time, lived together in a shared household, when 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” has the same meaning as assigned to it in section 3
• “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 such a house hold whether owned or tenanted either jointly by the
aggrieved person and the respondent, or owned or tenanted by either of them in
respect of which either the aggrieved person or the respondent or both jointly or
singly have any right, title, interest or equity and includes such a household which
may belong to the joint family of which the respondent is a member, irrespective of
whether the respondent or the aggrieved person has any right, title or interest in the
shared household
Domestic Violence S.3
any act, omission or commission or conduct of the respondent shall constitute
domestic violence in case it—
(a) harms or injures or endangers the health, safety, life, limb or well-being,
whether mental or physical, of the aggrieved person or tends to do so and
includes causing physical abuse, sexual abuse, verbal and emotional abuse
and economic abuse; or
“physical abuse” means 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
aggrieved person and includes assault, criminal intimidation and criminal force;
“sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades
or otherwise violates the dignity of woman
“verbal and emotional abuse” includes— (a) insults, ridicule, humiliation, name calling and
insults or ridicule specially with regard to not having a child or a male child; and (b) repeated
threats to cause physical pain to any person in whom the aggrieved person is interested;

“economic abuse” includes—

(a) deprivation of all or any economic or financial resources to which the aggrieved person is
entitled under any law or custom whether payable under an order of a court or otherwise or
which the aggrieved person requires out of necessity including, but not limited to, house hold
necessities for the aggrieved person and her children, if any, stridhan, property, jointly or
separately owned by the aggrieved person, payment of rental related to the shared house hold
and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable,
valuables, shares, securities, bonds and the like or other property in which the aggrieved person
has an interest or is entitled to use by virtue of the domestic relationship or which may be
reasonably required by the aggrieved person or her children or her stridhan or any other property
jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the aggrieved
person is entitled to use or enjoy by virtue of the domestic relationship including access to the
shared household.
 (b) harasses, harms, injures or endangers the aggrieved person with a view 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

(c) has the effect of threatening the aggrieved person or any person related to her by any
conduct mentioned in clause (a) or clause (b); or

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person
• determining whether any act, omission, commission or conduct of the respondent
constitutes “domestic violence” under this section, the overall facts and
circumstances of the case shall be taken into consideration.
Protection Ofcer: Appointment,
Duties and Functions
• “Protection Officer” means an officer appointed by the State Government under sub-section
(1) of section 8
Section 8
• The State Government shall, by notification, appoint such number of Protection Officers in
each district as it may consider necessary and shall also notify the area or areas within which a
Protection Officer shall exercise the powers and perform the duties conferred on him by or
under this Act.
• The Protection Officers shall as far as possible be women and shall possess such qualifications
and experience as may be prescribed.
• The terms and conditions of service of the Protection Officer and the other officers subordinate
to him shall be such as may be prescribed.
• 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 about it to the
concerned Protection Officer.
• No liability, civil or criminal, shall be incurred by any person for giving in good
faith of information for the purpose of sub-section (1).
• S.5 A police officer, Protection Officer, service provider or Magistrate who has
received a complaint of domestic violence or is otherwise present at the place of an
incident of domestic violence or when the incident of domestic violence is reported to
him, shall inform the aggrieved person—
(a) of her right to make an application for obtaining a relief by way of a protection order, an
order for monetary relief, a custody order, a residence order, a compensation order or more
than one such order under this Act;
(b) of the availability of services of service providers;
(c) of the availability of services of the Protection Officers;
(d) of her right to free legal services under the Legal Services Authorities Act, 1987
(e) of her right to file a complaint under section 498A of the Indian Penal Code wherever
relevant

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 cognizable offence.
• S.9 It shall be the duty of the Protection Officer—
(a) to assist the Magistrate in the discharge of his functions under this Act;
(b) to make a domestic incident report to the Magistrate, in such form and in such
manner as may be prescribed, upon receipt of a complaint of domestic violence and
forward copies thereof to the police officer in charge of the police station within the
local limits of whose jurisdiction domestic violence is alleged to have been
committed and to the service providers in that area;
(c) to make an application in such form and in such manner as may be prescribed to
the Magistrate, if the aggrieved person so desires, claiming relief for issuance of a
protection order;
(d) to ensure that the aggrieved person is provided legal aid under the Legal Services
Authorities Act, 1987 and make available free of cost the prescribed form in which a
complaint is to be made;
(e) to maintain a list of all service providers providing legal aid or counselling, shelter homes
and medical facilities in a local area within the jurisdiction of the Magistrate;
(f) to make available a safe shelter home, if the aggrieved person so requires and forward a
copy of his report of having lodged the aggrieved person in a shelter home to the police station
and the Magistrate having jurisdiction in the area where the shelter home is situated;
(g) to get the aggrieved person medically examined, if she has sustained bodily injuries and
forward a copy of the medical report to the police station and the Magistrate having jurisdiction
in the area where the domestic violence is alleged to have been taken place;
(h) to ensure that the order for monetary relief under section 20 is complied with and executed,
in accordance with the procedure prescribed under the Code of Criminal Procedure, 1973
(i) to perform such other duties as may be prescribed.
• The Protection Officer shall be under the control and supervision of the Magistrate, and shall
perform the duties imposed on him by the Magistrate and the Government by, or under, this
Act.
Right to reside in a shared
household
• every woman in a domestic relationship shall have the right to reside in the shared
household, whether or not she has any right, title or beneficial interest in the same.
• The aggrieved person shall not be evicted or excluded from the shared household or
any part of it by the respondent save in accordance with the procedure established
by law.
Protection orders
• The Magistrate may, after giving the aggrieved person and the respondent an
opportunity of being heard and on being prima facie satisfied that domestic violence
has taken place or is likely to take place, pass a protection order in favour of the
aggrieved person and prohibit the respondent from—

(a) committing any act of domestic violence;

(b) aiding or abetting in the commission of acts of domestic violence;
(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a
child, its school or any other place frequented by the aggrieved person;
(d) attempting to communicate in any form, whatsoever, with the aggrieved person,
including personal, oral or written or electronic or telephonic contact;
(e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed
by both the parties, jointly by the aggrieved person and the respondent or singly by the
respondent, including her stridhan or any other property held either jointly by the parties or
separately by them without the leave of the Magistrate;
(f) causing violence to the dependents, other relatives or any person who give the aggrieved
person assistance from domestic violence;
(g) committing any other act as specified in the protection order.