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 Law against domestic violence:
Domestic Violence (Deterrent
and Protection) Act, 2010
Deals with different types of violence :-
 Physical
 Psychological
 Sexual
 Economic

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 Domestic violence in Bangladesh is "a
daily reality for many women“ (Human
Rights Watch 2010).

 Violencetakes place for many reasons

–some of them dowry related but
there may be many many other causes
---or for no cause at all...

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Section 3 of the Act defines domestic violence
as:
‘any physical, psychological or sexual
violence or economic harm committed
against any woman or child family
member by any person who has a family
relationship with them.’
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 The Act defines: A woman as a woman of any
age [Section 2(9)]

A child as a person who has not attained the

age of 18 years [Section 2(18)].
This means in effect that even a male who is
under the age of 18 can avail himself of the
protections given by the Act.

 An application for redress is to be made to the

Judicial Magistrate or in relevant cases to the
Metropolitan Magistrate (Section 21).

 All offences under the Act shall be cognizable,

bailable and compoundable (Section 29).
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 Section 5: (1) For the purpose of this Act, the
Government shall, by notification in the
official gazette, appoint one or more
Enforcement Officers in each upazila, thana,
district or in a metropolitan area and shall
also notify the area or areas within which an
Enforcement Officer shall exercise the powers
and functions conferred on him or her by or
under this Act.
 (2) The terms and conditions of service of the
Enforcement Officer shall be such as may be
prescribed rule. RULES 0F 2013

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In the 3rd Chapter, the duties and
responsibilities of police officers,
implementing officers and service providers
are detailed.
 A police officer who has received information

of domestic violence by any means; or is

present at the place where the incident
occurred is under a duty to inform the victim
of all remedies or relief s(h)e may be entitled
to under the Act or other laws (Sections )4

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 The Implementing/enforcement officer
appointed under Section 5, has the duty and
responsibility to provide assistance to the
Court in implementing the Act. The duties
include liaising between the police, the Court
and other agencies on behalf of the aggrieved
person, applying for protection order for the
aggrieved person and other duties (section 6).
See for more:
[Paribarik Shahingshata (Pratirodh O Shurokkha)
Bidhimala 2013]– Domestic Violence Rules 2013

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Remedies and reliefs:
The 4th Chapter deals with the reliefs
and remedies available to the aggrieved
person.

Protection Orders:
Residence Orders:
Order for compensation:

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Sec. 13. Interim Protection order and
serving of notice . –
(1) The Court, upon receipt of an application
under section (11), being satisfied by
analyzing the documents produced with the
application that an act of domestic violence
has been committed or is likely to be
committed by the respondent or by his
abetment, may issue an interim protection
order against the respondent and shall

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issue a notice upon the respondent ordering
him/her to show cause, within a period of
seven working days from receipt of the
notice, as to why a permanent protection
order shall not be made against him or her. .

 (2) The notice may served by registered post,

law enforcing agency or any other way as
prescribed by the rules.

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The Court may, after giving the
aggrieved person and the opposite
party opportunity of being heard, and
on being satisfied that domestic
violence has taken place or is likely to
take place, issue a protection order in
favor of the aggrieved person and
prohibit the respondent from
committing the following acts:
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 (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, business,

educational institution or other institution
where the aggrieved person frequently visits;

 (d) communicating with the aggrieved person

by making personal, written, or telephonic, e-
mail or any other form of contact;

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 (e)
causing violence to the dependants
or other relatives of the aggrieved
person or any other person who gives
assistance to save the aggrieved
person from the domestic violence;

 (f)
committing any other act as
specified in the protection order.

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The breach of a protection order or any of its
conditions by the respondent shall be an
offence and shall be punishable with
imprisonment for a term which may not extend
beyond the period of maximum 6(six) months
or fine which may extend up to 10 (ten)
thousand Taka or with both and if the offence
is repeated the respondent shall be punishable
by maximum 2(two) years imprisonment or
fine which may extend up to 1(one) Lac Taka or
both.

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 The court may upon an application from the
aggrieved person, make an order of residence which
will include:
 (a) prohibiting the respondent from residing or
visiting the shared residence……..
 (b) restraining the respondent from dispossessing or
in any other manner disturbing the possession of the
aggrieved person from the shared household;
In certain cases for the purpose of safety the Court
may direct the enforcement officer to make an
arrangement for a safe place for the aggrieved
person or her children and directing the respondent
to pay rent

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The Court may also ensure that the
aggrieved person can safely enter the
shared residence and collect her
personal belongings such as medical,
educational and professional records or
any other documents, passport, check
book, savings certificate, investment
papers and bank account documents
and tax documents, jewellery, cash
money, mobile phone, household goods
and other materials…

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 (3) If the Court is satisfied on a reasonable ground
that it is necessary to evacuate the respondent from
the shared resident for the time being to secure the
personal safety of the aggrieved person, the Court
shall make an order of such for the time being
evacuating the respondent from the shared
residence:

 This order shall not be executed unless and

otherwise -
(b) a suitable safe shelter or safe place or alternative
residence is possible to provide for the aggrieved
person; or
(b) the Court is satisfied that it is no longer
necessary to continue the Order of evacuation.

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(4) The Court may impose any additional
conditions or pass any other direction which
may deem reasonably necessary or incidental
to protect or to provide for the safety of the
aggrieved person or her child or any other
member of her family.

(5) The Court may direct the respondent to

execute a bond, with or without sureties, that
he or any other member of his/her family will
not commit any further acts of domestic
violence.
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 (6) While passing an order under sub-section
1), sub-section (2) or sub-section (3) the
Court may also pass a written order directing
the officer in charge of the police station,
which jurisdiction the incident took place, to
take necessary initiatives for the protection of
the aggrieved person or her child.

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(7) The Court may direct the respondent
to return the possession of the
aggrieved person, her stridhan or dower
or alimony or any other marital property
and moveable assets, valuable
documents, certificates and any other
property or valuable security to which
she is entitled.

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 The Court may also ensure that the aggrieved
person can safely enter the shared residence and
collect her personal belongings such as medical,
educational and professional records or any other
documents, passport, check book, savings
certificate, investment papers and bank account
documents and tax documents, jewellery, cash
money, mobile phone, household goods and other
materials direct the respondent to allow the
aggrieved person to have the continuous access
to the vehicle previously used by……
…

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 16. Compensation order.- (1) Where the
aggrieved person suffers or likely to suffer
damages to physical, psychological, financial
or property whether movable or immovable,
may file a claim for compensation either
along with the application under section 11
or with a separate application afterwards.

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Section17:
Custody orders
Notwithstanding anything contained in any
other law for the time being in force, the
Court may, at any stage of hearing of the
application for a protection order or for any
other relief under this Act grant order for
temporary custody of any child or children
of the victim to the victim or to any
applicant in favour of the victim and if
necessary, the arrangements for any visit to
such child or children by the respondent.
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The Act also introduces the concept of
COMMUNITY SERVICE in lieu of the punishment
mentioned in Sec. 30 which states that if the
Court considers it suitable, it may order the
respondent to undertake various kinds of
community service under the supervision of
any institution or body.
(Section 31)

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 Lack of awareness
 Continued lack of acceptance of domestic

violence as an offence
 Has not by itself criminalized the offences
 Aggrieved person may have to go to different

and separate forums for redress

 Less focus on prosecution and more on

prevention whereas the former may have

more deterrent effect

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 Lack of co-ordination between different
agencies/Ministries/Departments
 No mention of duty of Government
 Massive awareness building about the Act so that violence
inside the home is not considered to be a “private affair”
 Corruption and gender insensitivity of law enforcing agencies
 No inclusion of counselling or trained at
conciliation/family/couples councelling.

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After a long time the much awaited rules
and guideline of the Act was passed on
the 30th of April 2013 making the
implementation of the Act much more
effective

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 See
Domestic Violence Act of 2010: Is It Helping S
urvivors? – Plan International

 https://www.planusa.org/docs/phr-
domestic-violence-2016.pdf

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