DOMESTIC VIOLENCE

http://www.brunoleyval.com/

-ZERO TOLERANCE -

MAITRI FOUNDATION J-92, Anant Ram Dairy

RK Puram sector 13 New Delhi 110 066 India

Contact: Winnie.singh@gmail.com mobile: 919810132908

DOMESTIC VIOLANCE

It occurs all over the word. Especially in India it has one of the highest rates. The Domestic Violence Statistics shows that in India:

• there is a crime against women every 3 minutes. • one rape every 29 minutes. • one recorded case of dowry death every 77 minutes. • 1/3 of women age 15-49 have experienced physical violence • 1 in 10 women has experienced sexual violence.

Even though the rates states unusually high you should be aware of the fact that domestic violence is not a private matter but criminal offence under the Indian Penal Code (an act of violence is punishable by imprisonment up to 3 years and/or liable to fine). If you experience domestic violence you do not have to tolerate it under any circumstances. There is a chance to get out of the situation. You have several legal rights which protect you. Below you can read how to make use of them. Domestic violence includes – physical, sexual, psychological and economic violence, for example: • physical attacks, forced sexual relations • verbal abuse or harassment, disrespectful

or demeaning comments • threats against you or another family member • creating disturbances at your place of work

harassing telephone calls, spying on you, child abuse Domestic violence occurs to individuals who are or have been in an intimate relationship, including marital, non-marital, same sex and non-cohabiting relationships; individuals with family relationships to one another; and members of the same household.

Follow the steps below:

POLICE

Don’t hesitate to call the police. It plays a crucial role in any coordinated response to violence against women. You should do this as quick as possible. In case you are not able to contact the police office immediately try to collect and save the evidence (such as photos of physical damage to property (the table he smashed, the hole he punched in the wall), or objects used in an assault (the ashtray he threw, the knife he brandished). You should be aware of the police officer’s duties. Make sure that he is fulfilling them properly:

1. You should be clearly informed of your legal rights; 2. The complaint has to be recorded in detail; 3. The parties should be interviewed in separate rooms to ensure there is an opportunity to

speak freely; 4. Look after an official police report: verify all the facts; make sure that it gives

comprehensive view of the situation. You should be provided with the copy of it. 5. You have the right to be transported across to the nearest hospital or medical facility for

treatment, on your request. Do not be afraid that you might not be taken seriously or be considered to be lying. If a police officer reasonably suspects an incident of violence it is their duty to investigate the matter thoroughly. If the police officer has not exercised due diligence to prevent, investigate or punish the violence you can start legal proceeding against him.

MEDICAL EXAMINATION

Forensic and medical reports are the most valuable evidence in the court proceeding. Do not take any action that may unintentionally compromise evidence, such as washing after being sexually assaulted. Time lapse in seeking services can cause devaluation of the evidence. Thus, do not hesitate to contact medical service.

SERVICE PROVIDERS

You must seek help. There are a number of services available that offer support and protection. Counseling services are available to provide advice and support. You need to contact one of the Non Governmental Organization’s (NGO’s) with the objective of protecting the rights and interests of women by any lawful means including providing of legal aid, medical, financial or other assistance.

SHELTERS

If you do not feel safe in the household joined with the abuser, on your request police officers throughout the time of intervention or afterwards Protection Officer has to provide you with a temporary accommodation in a shelter home. Although you should be aware that The Protection of Women from Domestic Violence Act, 2005 provides for a woman’s right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household. Means if you apply for a Residence Order the Court can decide to evict the abuser from the shared household even if it’s his possession. Under any circumstances you can be evicted or excluded from the shared household or any part of it by the respondent.

PROTECTION OFFICER

Means an officer appointed by the State Government under The Protection of Women from Domestic Violence Act, 2005. He closely cooperates with the service providers and the Magistrate. Protection officer is obliged to prepare a Domestic Incident Report and put it forward to the Magistrate.

THE MAGISTRATE

Domestic violence can be handled in two different types of courts: • Criminal Court where the state will prosecute the abuser in the criminal procedure under the Sec 498A of Indian Penal Code and The Protection of Women from Domestic Violence Act, 2005. • Civil Court where you might apply for a protection order, sue for money damages, initiate divorce proceedings, limit or prohibit the abuser’s rights to child custody. Civil lawsuits might be a valuable supplement or alternative to criminal prosecution. It has various advantages over criminal actions. Civil cases are governed by a lower burden of proof than criminal cases, complainants have control over the action, some complainants consider the types of relief granted in a successful civil lawsuit more helpful than incarceration of the perpetrator. However, under Article 20 of the Indian Penal Code and the Protection of Women from Domestic Violence Act (2005), 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. To find out more about your legal options you should take advantage of free legal service provided by the Legal Services Authorities Act (1987). You may ask for achievable counselors at the Court premises.

MEDIATION

An alternative option might be mediation. Mediation, as used in law, is a form of alternative dispute resolution, is a way of resolving disputes between two or more parties. A third party, the mediator assists the parties to negotiate their own settlement. However, a number of problems arise when mediation is utilized in cases of violence against women. It removes cases from judicial supervision, presumes that both parties have equal bargaining power, reflects that both parties are equally at fault for violence, and reduces offender responsibility. Moreover, there is always a risk that the mediator may be partial. Abovementioned arguments speak against using mediation as an alternative method of solving the cases of violence against women.

PROTECTION ORDER

Orders for protection, under The Protection of Women from Domestic Violence Act (2005), are orders issued by a judge that imposes certain limitations on an abuser's behavior or conduct. Where this remedy is available, orders are generally issued to temporarily exclude an abuser from the home or to prohibit the abuser from coming into contact with the woman (or using a third party to do so). Protection orders provide women with a measure of protection while allowing them time to determine how to stay safe over the long term without immediately having to file for divorce or seek criminal sanctions To get a Court Order of Protection Call the local state’s attorney or tell the police you want to get one. They will tell you who to contact. You will have to go to court. In court, the judge needs to be convinced that you have been threatened with violence or that you have suffered abuse. The order should focus on your specific safety needs:

• order the defendant/perpetrator to stay a specified distance away from the complainant/survivor and her children (and other people if appropriate) and the places that they frequent;

• order the accused to provide financial assistance to the complainant/survivor, including payment of medical bills, counseling fees or shelter fees, monetary compensation and, in addition, in cases of domestic violence, mortgage, rent, insurance, alimony and child support;

• prohibit the defendant/perpetrator from contacting the complainant/survivor or arranging for a third party to do so;

• restrain the defendant/perpetrator from causing further violence to the complainant survivor, her dependents, other relatives and relevant persons;

• for the issuance of protection orders in both criminal and civil proceedings;

You must call the police every time the order is violated. The police can arrest and jail the abuser for violating the order. Don’t make excuses for the abuser’s violence – get help and leave. He may do that once too often. Don’t keep silence. Do not be afraid to stand up for yourself to get a better future for you and your children.

WHO TO CONTACT

1. POLICE OFFICES DIAL 100 or go to Crime Against Women Cell at Nanakpura - Ph. 24673366, 24121234 Assistant Commissioner of Police Crime Against Women (CAW Cell Headquarters) Nanakpura, Near Moti Bagh Gurudwara, New Delhi - 110 021

2. HOSPITALS (medical examination) Any Hospital under Delhi Government provides medical service for the victims of domestic violence. Follow the link below to contact them: http://www.delhi.gov.in/

3. SERVICE PROVIDER/ Counselling Maitri J-92, Anant Ram Dairy RK Puram sector 13 New Delhi 110 066 Contact person: Winnie Singh winnie.singh@gmail.com ph. 09810132908

4. PROTECTION OFFICERS Every Police station has a list of Appointed Protection Officers

5. SHELTERS DCW Helpline No. 23379181 & 23370597 follow the link below to see the list of the available shelters in Delhi: http://dcw.delhigovt.nic.in/Shelter%20Homes.htm

6. FREE LEGAL SERVICE as we have already mentioned you may ask for the achievable counselors at the Court premises. Delhi District Courts - http://delhicourts.nic.in/ delhicourts@yahoo.com Ph. 22309367

7. COUNCELING CENTERS - Crime Against Women Cell provides counseling ( point 1. above) - Maitri Foundation (point 3. above)