Protection Order

What is a Protection Order?

Under the Domestic Violence Act, 2005, the Magistrate was conferred with vast powers to issue any order as he/she deems fit for the benefit of the woman who suffer from act of Domestic Violence.

When the Protection Order shall be passed?

The Magistrate shall pass a protection order in favor of the affected woman which includes the dependents of the affected woman especially children.

The Magistrate may follow the Principles of Natural Justice prior to the disposal of the application which prays for relief against the person committing an act of Domestic violence. The Magistrate shall provide an opportunity to the respondent or the person who alleged to have committed the act of Domestic Violence to put a defense statement against the application.

If the Magistrate is satisfied that prima facie case is made up against the respondents, the Magistrate shall pass the Protection Order in favor of aggrieved person.

What shall the Order contain?

The Magistrate may pass a Protection Order which shall prohibit the following act by the respondents.

• From committing any act of domestic violence.
• From aiding or abetting a act of Domestic Violence
• From entering the work place of the applicant, in case of woman, and schools or any other place, in case of children.
• communicating to the applicant/ aggrieved person in any form.
• To alienate any assets, bank lockers or accounts held either singly by the respondent or jointly by the applicant and the respondent
• To alienate applicant stridhan or any other property which being held jointly or separately by the parties.
• To cause any act which constitute Domestic Violence against the aggrieved person's dependents or other relatives or any person who provide assistance to women who was subjected to Domestic Violence. 
• Any act which magistrate may thinks fit that it ensure the protection of the aggrieved woman and the dependents.

Exception:

In case of properties held by the parties, such properties shall be alienated/sold with the sanction of the Magistrate under whom the application is pending for disposal.

For any corrections or mistakes in the blog contact me.

Disclaimer: This blog is for educational purposes only. All information provided here are only informative. The authors takes no liability for any injury to the readers.

Service Providers under Domestic Violence Act

In the previous post, the procedure involved in the adjudication of Domestic Violence case before the Magistrate was stated.

Now, it's time to address the various service providers who can involve themselves voluntarily in the aid of the affected woman.

Who are all service providers?

Any voluntary association shall be a service providers. And such voluntary organisation must be either registered under Societies Registration Act, 1860 or it must be a company registered under Companies Act or in accordance with any other law for time being in force.

Every voluntary organisation must register themselves with appropriate State Government as a service provider.

Difference between Service Providers and Protection Officer

One of the primary distinguishable difference between the both are the mode of appointment. While a Protection Officer is appointed by the concerned state government for each district, the service providers on the other hand, is a voluntary association, out of it's own interest, who provide service to the affected woman under domestic violence. 

Even though service provider being a voluntary organisation, it's at par with Protection Officer on some part.

Service rendered by the authorized Service Providers

• The primary object is to protect the rights and interest of the woman by lawful means.
• To provide include legal aid, medical, financial or other assistance to a woman who suffer from Domestic Violence or threats.
• Each service provider shall have the power to record the Domestic Incident Report and forward the copies to the Magistrate and the Protection Officer.
• To perform medical examination of the affected woman and send a copy of Medical Report to the Magistrate, the Protection Officer and the Police Station.
• To provide shelter to the aggrieved woman if she request so and forward a Report of Lodging to the Police Station.

Immunity to Service Provides

As the voluntary association which come forward to help the aggrieved woman, it shall be given such protection under the statute in order to avoid unnecessary pressure. Normally, such association are feel the heat of the respondents involved in the dispute. So to insulate such association from the warmth section  10(3) provide protection to the service providers.

The immunity not only extends to voluntary association but also to the members of that organisation. The immunity, thus, provided extend only to the acts done in good faith, in exercise of powers, functions under the Domestic Violence Act.

For any corrections or mistakes in the blog contact me.

Disclaimer: This blog is for educational purposes only. All information provided here are only informative. The authors takes no liability for any injury to the readers.

PROCEDURE FOR DOMESTIC VIOLENCE

Remedies Against Domestic Violence

Background:

In accordance with various International accords such as Vienna Accord, 1994, Beijing Declaration, Platform for Action, 1995, etc., The Domestic Violence Act, 2005 was passed by legislature to protect woman from Domestic Violence. But this not only concerns with the aggrieved woman, also cares about the child of such aggrieved person.

Need of Domestic Violence:

Even though, The Indian Penal Code, 1860, was amended to include section 498A, it was not suffice to fulfill the social demands. The scope of this section was limited only to the husband and his family. There exist no chance for civil remedy if violence was committed by the relationship  of aggrieved person's family.
Therefore, makeup the lacuna in law the Domestic Violence Act, 2005 was passed. Not only husband, but also the relationship of the woman who are members of joint family are included in this act. Hence, the aggrieved person shall raise a plea against any of her relationships. This would mean that even daughters, mothers, sisters are eligible to make an application with the magistrate.

What are Domestic Violence?

Under section 3 of the Domestic Violence Act, 2005, any act or conduct or commission or omission of any act against a women is domestic violence if it satisfy the following conditions

(I) harms or injures or endangers the aggrieved person or tends to do so. It includes physical abuse, sexual abuse, emotional abuse and economic abuse.

(II) To harass, harm, injure to coerce her or any other person related to the aggrieved person

(III) To threaten the aggrieved person to do any of the act mentioned in (I) and (II).

(IV) Injures or causes harm, physical or mental to the aggrieved person.

PROCEDURES FOR DOMESTIC VIOLENCE:

The first and foremost question among anybody to raise a dispute is under which authority the jurisdiction falls or to whom the application to be submitted? Unlike other family dispute, it was not placed under the civil court jurisdiction. The Magistrate is the authority allowed to entertain application regarding domestic violence.

Who to file an application?

Following person are eligible to present an application before the Hon'ble Magistrate. They are
I. An aggrieved person
II. A Protection Officer
III. Any other person on behalf of the aggrieved person

Powers of the magistrate:

Notice:

A Notice shall be issued by a Magistrate to Protection officer, who shall server it upon the respondents and on any other person as directed by the magistrate. The proof of service by the protection officer is a conclusive proof unless contrary is proved. The Notice shall contain the date of hearing of the application under the above said Magistrate.

Counselling:

The Magistrate may call for counselling either singly or jointly for the aggrieved person or respondents. The counseling shall be done by the service providers. The next hearing date shall not exceed two months time.

Welfare expert:

The Magistrate may request a person who is engaged in promoting family welfare for assisting him in discharging his functions. The person so appointed shall preferably be woman.

In Camera Proceedings:

If the Magistrate thinks fit that circumstances of the case warrant in-camera proceedings and parties to the proceedings agree then the Magistrate shall conduct the proceedings in camera.

PROTECTION TO WOMAN DURING PROCEEDINGS:

As per the provision of section 17, the aggrieved woman shall vest with the right to stay in the common household in which she was residing along with the perpetrators of domestic violence. This right is irrespective of title or beneficial interest in the property.
Under no circumstances, the aggrieved woman shall not be evicted or excluded from the enjoyment of shared household or any part of it. Hence, the woman shall have the protection of shelter even if enmity prevail between the aggrieved person and the perpetrators of the crime.
But this claim shall prevail only against husband. Not against any other person who are involved in the act of domestic violence. The “Shared Household” would mean house where husband resides. Hence, it may be one of the followings:

• House belonging to husband
• rented by the husband
• or house which belongs to joint family of which husband is a member

Know about Service Providers under Domestic Violence