The DVC Act is 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 and for matters connected therewith or incidental thereto.

OBJECTS AND REASONS:

The phenomenon of domestic violence is widely prevalent but has remained largely invisible in the public domain. Keeping in view the rights guaranteed under Article 14,15 and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society.

i) It covers those women who are or have been in a relationship with the abuser where both parties have lived together in a share household and are related by consanguinity, marriage or through a relationship in the nature of marriage or adoption. In addition, relationship with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to legal protection under the proposed legislation. However, whereas the bill enables the wife or the female living in a relationship in the nature of marriage to file a complaint under the proposed enactment against any relative of the husband or the male partner, it does not enable any female relative of the husband or the male partner to file a complaint against the wife or the female partner.

ii)It defines the expression “domestic violence” to include actual abuse or threat or abuse that is physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the women or her relatives would also be covered under the definition.

iii) It provides for the rights of women to secure housing. It also provides for the right of a women to reside in her matrimonial home or shared household, whether or not she has any title or right in such home or household. This right is secured by a residence order, which is passed by the magistrate.

iv)It empowers the magistrate to pass protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified act, entering a work place or any other place frequent by the aggrieved person, attempting to communicate with her, isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from the domestic violence.

v) It provides for appointment of protection officers and registration of non-governmental organization as service providers for providing assistance to the aggrieved person with respect to her medical examination, obtaining legal aid, safe shelter etc.

DEFINITION OF DOMESTIC VIOLENCE:

For the purpose of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:-

1. 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
2. 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
3. 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
4. Otherwise injures or causes harm, whether physical or mental to the aggrieved person.

PROCEDURE FOR OBTAINING ORDERS OF RELIEF:

Application to magistrate: Under section 12 of this Act, (1) An aggrieved person or a protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this Act:

(1)Provided that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider.

(2)The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the rights of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:

(3)Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.

(4)The magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.

(5)The magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of 60 days from the date of its first hearing.

Courts shall grant the following orders:

Right to reside in a shared household: Under section 17 of the Act, (1) every women 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 said house.

(2) 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 order: Under section 18 of the Act, 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:-

1. Committing any act of domestic violence;
2. Aiding or abetting in the commission of acts of domestic violence;
3. 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;
4. Attempting to communicate in any form, what so ever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact;
5. 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.
6. Causing violence to the dependents, other relatives or any person who give the aggrieved person assistance from domestic violence.
7. Committing any other act as specified in the protection order.

Residence order: Under section 19 of the Act, (1) While disposing of an application under sub-section (1) of section 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order-

1. Restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the share household, whether or not the respondent has a legal or equitable interest in the shared household;
2. Directing the respondent to remove himself from the shared household;
3. Restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides;
4. Restraining the respondent from alienating or disposing of the shared household or encumbering the same;
5. Restraining the respondent from renouncing his rights in the shared household except with the leave of the magistrate; or
6. Directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require.

Monetary relief: while disposing of an application under sub-section (1) of section 12, the magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to-

1. The loss of earnings;
2. The medical expenses;
3. The loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person, and
4. The maintenance for the aggrieved person as well as her children, if any

(2) The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.

(3)The magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.

(4)The magistrate shall send a copy of the order for monetary relief made under sub-section (1) to the parties to the application and to the in-charge of the police station within the local limits of whose jurisdiction the respondent resides.

(5)The respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub-section (1)

(6) upon the failure on the part of the respondent to make payment in terms of the order under sub-section (1), the magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debts with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent.

Custody orders: Under section 21 of the Act, the magistrate may on an application being made by the aggrieved person, grant temporary custody of any child or children to the aggrieved person or the person making the application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent. if the magistrate is of the opinion that any visit of the respondent may be harmful to the interest of the child or children, the magistrate shall refuse to allow such visit.

Compensation orders: Under section 22 of the Act, the magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by the respondent.

Jurisdiction: (1) the court of Judicial magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which-

1. The person aggrieved permanently or temporarily resides or carries on business or is employed; or
2. The respondent resides or carries on business or is employed; or
3. (c) The cause of action arisen,Shall be the competent court to grant a protection order and other orders, under this act and to try offences under this act.
   (2) any order made under this act shall be enforceable throughout India.