Prevention of

Domestic Violence
KEY SALIENT POIN
TS
 Violence in Kerala*?

 51.4% Of the Crimes Against Women In Kerala Are Related To

Domestic Crimes
 Occupational Background Shows That Majority Of The Victims Are
Daily Wage Labourers Followed By Housewives.
 47.27% of the victims have a monthly earning of 1000-5000 rupees
 Only 16.36% of the victims belong to the income group of above 10000
rupees category.
 73.9% Of The Victims Are Married And 15.9% Of The Victims Are
Single.
 There Are A Few Widows And Separated Women.

Report on Violence Against Women in 2012-2013 Kerala State Police

 Reasons for Gender-Based Violence
 Violence Against Women Knows No Borders!
 Gender-Specific Socialization
 Cultural Definitions of Appropriate Sex Roles
 Belief that the Home is the Private Domain and Values that
Accord Greater Superiority to Men
 It is okay to discipline women
 Women with no Confidence in Themselves
 64 percent of women -okay to be beaten for a reason (2006)
 55 percent of men
 Economically Dependent Women
 Higher in households with financial strain & unemployment
 Have little choice but to take the violence
 Conceptualization & Implementation of the Law
 Gender Biases and therefore Cries of Misuse
 Insensitive Treatment of Women by Service Providers
 Focus on Women?

A study in the USA in 2000 showed that women

are as likely to be abusive to men, but that men are
less likely to be hurt
Another study found that 40% (or 2 out of 5)
survivors of violence are men in the United States
 In
UK, approximately 16% of perpetrators of violence are
women
Is it okay in India or in Kerala to have a gender
biased law?
 Consequences of Domestic Violence

Intergenerational Transmission of Violence

Reduced Quality of Life of Household
Erosion of Social Capital
Loss for the Nation
 Increased
absenteeism, reduced productivity, lower
educational attainment
Costs to the Exchequer
 Costsof Service Delivery in Protecting Survivors (Medical,
Police, Judiciary, and Other Social Services) and Prosecuting
the Perpetrator
Consequences of Domestic Violence for the Individual

Fatal and Non-Fatal Injuries

 Injury,
Death, Unwanted Pregnancy, STD, Self-
Injurious Behaviours
Psychological Harm
 Depression, Fear, Anxiety, Low Self-Esteem
Monetary Losses
 Interrupted work
 Loss of productivity

 Hospital costs

 Others?
 Why Domestic Violence Act 2005?

498-A into the Indian Penal Code in 1983

 No emergency relief available to the victim;
 Remedies available were linked to matrimonial proceedings; and the
 Court proceedings were always protracted, during which period the
victim was invariably at the mercy of the abuser.
 Relationships outside marriage were not recognized.
2005 Act is a Civil Law
 In 498, a husband is liable for punishment but wife does not get any
financial relief but in DV wife/female partner gets relief but there is
no punishment/arrest (unless husband violates court order).
 Another difference is 498a can be booked against husband or his
relatives but DV can be booked only against male members of a
family.
 What is Domestic Violence?

Any act/conduct/omission/commission that

harms or injures or has the potential to harm
or injure will be considered ‘domestic
violence’.
Expanded Types of Violence
 Physical

 Emotional

 Verbal

 Sexual

One Act is Typically Enough & No Time Bar

 Definition of Domestic Violence
 Physical Violence
 Beating, Kicking, Pushing, Causing bodily injury in any manner
 Emotional or Verbal Violence
 Name calling, Questions character, Insult for not bearing a boy, Ask
for dowry, Preventing you or your child from attending any
educational institution or place, Force to marry, Emotional blackmail,
Harassment for Dowry
 Sexual Violence
 Forced sexual intercourse, Forces you to look at pornography, Any
sexual act that humiliates, degrades or violates your dignity, Child
sexual abuse
 Economic Violence
 Not give money for basic needs • Prevent you from working, Take away
your salary, Not paying rent, Throw you out of the house
 Who Can Be A Complainant?
A Wife
A Woman (based on consanguinity, marriage,
adoption, and cohabitation) Against a Male Abuser
In a Shared Household
A Women Who Is In A Relationship, Similar To A
Marriage, With A Man
 Technically, a transgender male to female could bring an
actionagainst a transgender female to male
 A women in a live-in relationship with an unmarried man
 But not with a man who is married if she knew or ought to have
known that he was married
 Anyone Can File A Petition With The Survivor’s Consent
 To Whom Can You Complain?
Protection Officer
Service Providing Centre
Medical Officer in
Charge
Police Station
Magistrate
 Where Can you complain?

Jurisdiction Under the PWDV Act

 Where wife permanently or temporarily resides or carries on
business or employed; or
 Where husband permanently or temporarily resides or carries
on business or employed; or
 Where cause of action has arisen.

 The wife can chose any of these three options.

 Types of Orders

Protection Orders
Stop Violence
Emergency Relief
Residence in Shared Household irrespective of whether
she has any right of ownership or lease
 Batra vs. Batra
 Can require separate housing and abuser must provide
Custody Order
Compensation Order
Violation of Above Order an Offence and Magistrate may
Charge Offence
 Miscellaneous

 Complain against a woman only if Married Woman Against The

Female Relatives Of The Husband
 Shared Household: “a right to residence in a shared household, and
a shared household would only mean the house belonging to or
taken on rent by the husband, or the house which belongs to the
joint family of which the husband is a member.”
 Arrests by Police under Section 498A must follow procedure in
CrPC sections 41. (Upon the sole testimony of the aggrieved person,
the court may conclude that an offence under sub-section (1) of
section 31 has been committed by the accused. S.32.2)
 Interim relief under DV Act cannot be granted without conducting
inquiry as per CrPC summons case – Karnataka HC
 Double Jeopardy does not apply
 Section 31

Non-compliance of a PROTECTION order by

magistrate can lead to issuance of non-bailable
warrant.
 Time Prescribed by PWDV Act

The Act requires that all proceedings brought

under the Act be disposed of within sixty days of
the first hearing, which must occur within three
days following the application
 Government Offers Comprehensive Services

14 Protection Officers in the

State
101 Service Provision Centers
 Shelters
 Family Counselling Centres
 Services Offered

File a Detailed Investigation Report

Direct Complainant to a Shelter
Facilitate Free legal services
Provide counseling services as
required
 4 “Ps” of Addressing Domestic Violence

Prevent domestic violence

If it happens you Protect the victim/survivor
You Prosecute the perpetrator
You encourage the woman to Participate &
get empowered
 Prevention is Key

Only about 36% of women reported violence

As per 2013 study of Kerala Police, not even 40%
of the cases are registered while according to the
social workers, only 30% are registered.
 How Do You Prevent Domestic Violence?

Effectively implement the Law

Enhance Public Awareness on the costs of DV
Promote healthy, respectful, nonviolent
relationships by encouraging gender equality
Empower Women to Realize their Human Rights
Empower Men to Understand Women’s Human
Rights
Integrate it into the Curriculum of School Children