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Domestic violence

Domestic violence Act,2005

Presented by


What is violence?
Violence encompasses
physical, visual, That are experienced by a woman or girl as threat, invasion, or assault and that have the effect of hurting her or degrading her and /or taking away her ability to control contact (intimate and otherwise) with another individual

verbal or sexual acts

What is Domestic violence?

SEC-3. For the purposes of this Act, any act, omission or commission or conduct of the respondent (person) shall constitute domestic violence In case it-----

harms or injures or endangers the health, safety, life, limb or wellbeing,

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

1. 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; 2. Sexual abuse" include, any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman; 3. 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.

4. Economic abuse" Includes1. 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, household 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 household 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.

Whom to complain?
Police Protection officer Magistrate Service providers

High lights
Rights-based (civil) law Advocates the right to live with dignity First law in India to define DV in a comprehensive way Legal right to live a life free of violence Government accountable to stop DV Emergency orders to stop DV (right to residence, protection orders)

Laws under the Indian Penal Code (IPC)

Dowry Prohibition Act: any property or valuable (direct or indirect) given before, at or after the marriage Section 304B: Death of a woman within 7 years of her marriage Section 498A: When husband or his family subjects woman to cruelty (intentional behavior that causes serious injury or harassment for dowry) Section 376: Rape law Section 294: Obscene acts and songs Section 354: Intent to outrage a womans modesty

Criminal law (amendment) Act, 2013 Important inserted sections in criminal law
Section 326A Voluntarily causing grievous hurt by use of
acid etc
Whoever causes permanent or partial damage or deformity to, or burn or maims or disfigure or disable, any part of the body of a person or cause grievous hurt by throwing acid on or by administering acid to that person, or using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment for life, and with fine.

Section 326 B Voluntarily throwing or attempting to throw acid

Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine

Section - 354A - Sexual Harassment

Definition of Sexual Harassment (i) physical contact and advances involving unwelcome and explicit sexual overtures; or (ii) a demand or request for sexual favors; or (iii) making sexually colored remarks; or (iv) forcibly showing pornography; or (v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature. Punishment - Rigorous imprisonment up to five years, or with fine, or with both in case of offence described in clauses (i) & (ii)Imprisonment up to one year, or with fine, or with both in other cases

Section - 354B Public disrobing of Woman

Any man who assaults or uses criminal force to any women or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.

Section 354C Voyeurism

Any man who watches, or captures the image of a women engage in a private act in circumstances where she would usually have the expectation of not being observed either perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second subsequent conviction, with imprisonment on either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.

Section 354D Stalking

Whoever follows a person and contacts, or attempts to contact such person to foster personal interaction repeatedly, despite a clear indication of disinterest by such person, or whoever monitors the use by a person of the internet, email or any other form of electronic communication, or watches or spies on a person in a manner that results in a fear of violence or serious alarm or distress in the mind of such person, or interferes with the mental peace of such person, commits the offence of stalking

Recognize abuse, Domestic abuse, as per the domestic violence Act, includes actual abuse or threat of abuse that is physical, sexual, verbal, emotional and economical abuse. Say No. Speak up. Or it will become pattern. You have to raise your voice instantly Understand that you have rights along with responsibilities and duties. The Act assures you the right to secure housing in the shared households, whether or not you have any title rights to it. Under the Act, the court can pass protection orders that prevent the abuser from committing or threatening any violence. Raise your voice against domestic abuse not just in your own house, but also that of your neighbors, friends and even strangers.

General recommendations
Increase womens participation at all levels: social, economic and political.

Awareness of womens rights by the State, civil society organizations, as well as the public at large.

Gender budgeting and gender mainstreaming within State agencies and civil society organizations