Domestic Violence Act - How to use it?

By Vidya Raja on Friday, August 13, 2010 - 12:17

Every three minutes a woman is at the receiving end of an assault. Studies reveal that two third of the married women in India are subjected to domestic violence during their lifetime. Not only do these statistics seem unreal but are also testament to how grave the situation actually is. It is essential for every woman to be armed with the knowledge of how the Domestic Violence Act can be used to protect oneself. Having understood what Domestic Violence is, the next step is to learn about how to put this Act to use.

Once a woman decides to file a complaint against her husband or any other family member the following steps must be taken:

A complaint can be filed before one of the following agencies:

• Police Officer
• Protection officer
• A recognised NGO ( also known as service provider)
• Magistrate

Unlike most other Acts where complaints lodged by the complainant languish for years, the Domestic Violence Act aims at disposing of complaints at the earliest. Having said this, it is important to understand how this Act can be used by a woman. It is the duty of the protection officer/police officer who receives such a complaint to do the following:

• Explain to the aggrieved person the process by which relief under the act can be sought
• Provide the aggrieved person with a list of NGO’s ( service providers) who deal with cases pertaining to domestic violence
• Throw light on the role of protection officers and the services they provide
• Ensure that the aggrieved person is informed of her right to engage a legal counsel to argue the matter.
• Inform the aggrieved person about Section 498A of the Indian Penal Code, and the manner in which the same can be utilised in a domestic violence offence.

Once a complaint is made and the necessary steps are taken by the protection officers/ police officers the aggrieved person or the protection officers/police officers on her behalf can request for shelter homes to be provided to the aggrieved person. The act also provides for medical aid/facility to be provided to the aggrieved person if so required.

These protection officers are appointed by the State Governments; after the appropriate notification is made. It is the duty of the protection officer to discharge the following functions:

• Assist the Magistrate in deciding on the case
• Prepare a domestic incident report for the magistrate
• To make an application for reliefs which are appropriate on behalf of the aggrieved person
• To ensure that the aggrieved person is medically checked if she has sustained bodily injuries or there is a complaint of physical abuse.
• To ensure that monetary relief entitled to the aggrieved person is complied with and executed.

All the acts done by the protection officer are under the control and supervision of the Magistrate. 

Besides these duties and functions of the Protection officers, the Central and State Governments also have several duties to perform. The Central and State Governments have to:

• Take all measures to ensure that this Act is made widely publicised
• The Protection Officers and Police Officers who deal with such cases are sensitized and made aware of domestic violence
• Effective co-ordination between the service providers and the concerned Ministry to ensure the speedy disposal of such cases

Mere knowledge of Act will not bring about change. A change will come about only if we take cognizance of violence and act on it.

Vidya Raja is an advocate practicing Civil and Family law in the Madras and Karnataka High Courts. She is a keen follower of politics and is passionate about Social issues pertaining women and children. . An avid reader and supporter of Indian authors, Vidya also writes short stories and commentaries.