State Level Workshop with Lawyers on PWDV Act 2005

 A  STATE  LEVEL  EVENT

''JUSTICE FOR DOMESTIC VIOLENCE SURVIVORS''

 Workshop  on  Lawyers 

''Effective  Implementation of Domestic Violence Act''

Organised By Mahila Jagran Kendra & care India.

THE WORKSHOP

Mahila Jagaran Kendra supported by Care India organized a workshop on Protection of Women against Domestic violence at A.N. Sinha Institute of Social Studies, Patna. There were 44 advocates from Patna High Court, Civil Court and two districts (patna & Samastipur) of Bihar. The Guest speaker of the day was Seema Mishra, who is an advocate and practices law in Delhi High Court.

The Objective of the workshop was following

·         To sensitize Lawyers & Magistrate on the issue of domestic violence and its impact on women’s lives

·         To make our justice system more speedy for women.

A questionnaire was distributed among the participants to know whether they had any idea about this law or not. The questionnaire have the following questions:

1.      What do you understand by domestic violence?

2.      What are the provisions of Protection of Women against Domestic Violence Act?

3.      Have you ever used this Act?

4.      Till now how many women have you helped through this Act?

5.      Any important case in which judgment was passed by the court?

For the first question, 15 people explained domestic violence as the violence taking inside the house; 6 people wrote that it is the violence by men and 8 people explained it as any kind of violence happening to women.

For the second question 10 people wrote that the provision of the Act should be used; 8 people described the provisions of the Act as the order for the women to stay in the house, get annual economic support, health facilities and protection; 2 people wrote the provisions as order for the women to stay in the house, get annual economic support, health facilities and protection and get quick justice within 60 days; 4 people each wrote that it is the right for equality and safety.

For the third question 12 people wrote yes, 13 wrote no and 10 chose not to answer. For the forth question 17 people had altogether helped 546 ladies with the help of this Act; 6 people have not used this Act to help any woman and 10 choose not to answer. For the last question , 10 people wrote that no judgment have been passed; 8 people wrote that judgment has been passed in 12 cases and 15 chose not to answer.

Ram Kumar Sharma wrote “Gharelu hinsa mein, aapsi vivaad hota hai, mahilain apni pati, saas, sasur ityadi ke beech vivaad karte rehte hai. Mahilain apni haq ke leye vivaad khada karti hain, kuch jgah vivaad krne se haq ke praapti hoti hai’’

Amrendra Kumar wrote “Gharelu hinsa prarambhik awastha mein mahilaon ko apne pati ke sath jodne ka ek acha madhyam hai, kyun ki bina smjhe 498A 3/4 D.V. Act ka case nahi hai’’

Ram Kumar Sharma wrote that domestic violence is a good medium in the initial stage for a woman to connect with her husband because without understanding 498A – 3/4 D.V Act, a case cannot be filed.

Amrendra Kumar wrote that in domestic violence personal disputes tend to take place. Women keep disputing with their husband and in-laws. Women have to fight for their right and in some cases, only after a dispute the right is granted to her.

The workshop started from 11:00 a.m. with the warm welcome by Miss Babita from the Mahila Jagran Kendra. She introduced the Chief Guest and the other people who were attending the workshop. She also highlighted the main theme of the workshop, which was the discussion on the law made for Protection of Women against Domestic Violence.

The Chief Guest, Seema Mishra, is also a social activist who works for the welfare of the women in the society. She mostly takes up cases of Domestic Violence. She talked about the Protection of Women against Domestic Violence Act which was introduced in the year 2005 and the benefits the women will get through this act if subjected to domestic violence.

When this Act was introduced, many people referred it as “Ghar Phodu Act”. There were some people who thought that there was no need for the introduction of such acts. They argued that this act wills only resu lt in the breakup of family relations. Seema Mishra completed her point of view on this Act by saying that it is necessary for every advocate to understand the law before practicing it.

There was another eminent advocate named Dr. Meeta Mohini who gave her view on the PWDV Act.

• 
  

She practices at the Patna High Court and is a social activist. Before becoming a practitioner of law, she was a professor at a law university. She talked about the main problems pertaining in the middle families which often results in Domestic violence. She pointed out that the person who earns the bread for the family is often frustrated seeing the expenses around him such as the school fees for the children, expenses for maintenance of the house among others.

There is always an urgent need of money for some or the other thing in the house. The frustration leads to anger and in this anger, the man ends up beating his wife. Usually the women bear this insult as much as possible, but when the man crosses his limits, she has no choice other than seeking help from the law. Dr. Meeta Mohini narrated a domestic violence case to her fellow advocates present at the workshop. She said that the advocates present the case as they please. They add their own clauses to make their case strong. Most of the women only seek justice and their rights; they are not interested in sending their husbands to jail. The law under this Act is often misused. The women not only undergo mental trauma, they are also subjected to physical and sexual violence.

After Seema Mishra and Dr. Meeta Mohini presented their point of view on the PWDV Act, the other advocates presented their views on this Act.

Nisha Sharma, who is a practicing advocate in Patna Civil Court, gave an example of a woman whose judgment on domestic violence case is passed. She was to be given Rs. 10,000 but no money was provided to her. She had been under domestic violence by her husband for the past 17 years.

Sarita Kumari is an advocate and practices law at the Barh Civil Court. She stated that lots of problems are faced by women while filing cases in the court. It becomes difficult for the female advocates to help those women. She questioned Seema Mishra how to help those women in giving them judicial justice.

Satish Kumar asked all the males present in the workshop to take an oath to abstain from domestic violence, not only with his wife but also with his mother, sister and daughter. He also said that verbal fights between a couple should not be referred as domestic violence. He stated that no home can work properly when the males of the house are practicing domestic violence.

Nitika is a practicing advocate and a house wife who compared the PWDV Act to a medicine. She stated that the basic point is that the woman should at least have the power to approach the court of law. She said that the lawyer also has to make himself powerful enough to help others.

The other advocates, present there, tried to explain their point of view on Article 498(a) and PWDV Act. The common question raised by most of them was “what is the definition of violence?” Before proceeding further, everyone must understand what violence is.

The definition for violence is behavior involving physical force intended to hurt, damage, or kill someone or something.  The speaker then said about the Protection of Women against Domestic Violence Act as referred in a law book The Protection of Women against Domestic Violence Act 2005 differs from the provision of the Penal Code - Section 498 A of the Indian Penal Code - in that it provides a broader definition of domestic violence

Domestic violence is defined by Section 3 of the 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. injures or causes harm, whether physical or mental, to the aggrieved person.”

The Act goes on, through the section Explanation 1, to define "physical abuse, sexual abuse, verbal and emotional abuse and economic abuse".

There were some victims of Domestic violence present there. One of them was Madhuri, she filed a case against her husband in 2003. She could not avail any lawyer because she did not have any money to pay their fee. She called all the help lines available but even they could not help her at all in this regardHer husband, who is a policeman, was shrewd enough to snatch that money from her. He told her that he is building a house in the village and she could stay there. He took her money and when the house was completed, he drove her away. For a decade, she has been fighting for justice but still no judgment has been passed in her case. Her case was heard by the Chief Guest Seema Mishra and she told her to present her legal documents before her. She took a personal interest in her case and promised her for the relief fund which she was supposed to get. Her case was over taken by the Mahila Jagran Kendra for further help.

Primarily meant to provide protection to the wife or female live-in partner from Domestic violence at the hands of the husband or male live-in partner or his relatives, the law also extends its protection to women living in a household such as sisters, widows or mothers. Domestic violence under the act includes actual abuse or the threat of abuse whether physical, verbal, emotional or economic harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.

The salient features of the Protection from Domestic Violence Act, 2005 are as follows,

•          The Act seeks to cover those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, and 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 them are entitled to get legal protection under the proposed Act.

•          One of the most important features of the Act is the woman’s right to secure housing. The Act provides for the woman’s right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household. This right is secured by a residence order, which is passed by a court. These residence orders cannot be passed against anyone who is a woman.

•          The other relief envisaged under the Act is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance from the domestic violence.

While "economic abuse" includes deprivation of all or any economic or financial resources to which the victim is entitled under any law or custom whether payable under an order of a Court or otherwise or which the victim requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, property, jointly or separately owned by her, payment of rental related to the shared household and maintenance and disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the victim has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the victim or her children or her or any other property jointly or separately held by the victim and prohibition or restriction.

At the end of the program another questionnaire was distributed. The format was as follows:

Sr. No.		Satisfied	Dissatisfied	Average
1.	Subject of the workshop
2.	Format of the training
3.	Duration of the workshop
4.	Materials provided at the workshop
5.	Venue of training
6.	Food and other facilities

What is your feedback?

Was the workshop useful?

What is your suggestion on implementation of this Act?

32 people were satisfied with the workshop, 1 was dissatisfied and 1 found it average. 31 people were satisfied with the format of the training 2 were dissatisfied and 2 found it average. 28 people were satisfied with the duration of the workshop, 4 were dissatisfied and 2 found it average. 31 people were satisfied with the materials provided at the workshop, 3 were dissatisfied and 1 found it average. 34 people were satisfied with the venue of the training and 1 found it average. 33 people were satisfied with the food and other facilities and 2 found it average. All of the 66 participants present at the workshop found the workshop useful.

Among the other attendees were Miss Neelu , President of Mahila Jagran Kendra , Urmila Karn, Convener, Bihar Women’s Network , Shivani Choudhary , Secretary, Mahila Jagran Kendra Shruti  Sinha  , Advocate in Patna High Court and Executive member of Mahila Jagran Kendra , Bhushan Prasad , Accountant of Mahila Jagran Kendra,  Mr. Rupesh, Secretary, Kosish Charitable Trust , Ritwij , Project Coordinator, Koshish, Pappu , Accountant , Koshish among others.

The program ended with a vote of thanks from Miss Shaila, of Mahila Jagran Kendra. The program continued till 4.30 p.m. in the evening. There was also a stall present there which showcase the handmade products by the children of the NGO and some books on the general awareness for people. People showed a keen interest in the products like rakhi, soft toys and paper carry bags and roses. 

A STATE LEVEL EVENT

''Justice For Domestic Violence Survivors ''

Workshop on Police

''Effective Implementation of Domestic violence Act''

Organised By MJK (Mahila jagran Kendra) and Care India.

THE WORKSHOP

Add caption

After the success of the two workshops at the block and the district level to spread awareness on ''Domestic Violence Act, 2005”, Mahila Jagran Kendra organized a workshop at the state level also in association with Care India on 14^th July, 2015 in the A.N. Sinha Institute of Social Sciences in Patna. It was a day long workshop from 10 a.m. to 5 p.m. which was attended by several important people.

This included Advocate Abha Singhal Joshi of Delhi High Court, Ms. Neelu( chairperson, MJK), Mr.Rupesh( Advisor to the Commissioner, Right to foodCampaign), Ms Shruti Singh(Advocate, High Court, Patna), and people from the Women’s Helpline like Ms. Pramila, Shivani Choudhary and Mita Mohini who were also linked to this issue in some way or the other.

Ms. Babita introduced everybody and informed that the organization was working on this issue for a very long time in helping out the women and children and that now it had joined hands with Care India to spread awareness on Domestic Violence Act and eliminate it from the society. Then she welcomed everybody and thanked them for being a part of the workshop yet again.

After sensitizing the doctors and mobilizing other section of the society on the issue of Domestic Violence, the focus now shifted to the members of the police. Hence the motive of this workshop was to train and make the police aware of this issue and arm them with the required knowledge. Police Inspectors from 57 police stations of three districts of Bihar namely Patna, Samastipur and Gaya were invited.  Ms. Babita then gave a brief summary of the session and invited Ms. Abha to take over the workshop.

Taking over the discussion, Ms. Abha Singhal Joshi welcomed everybody and started by focusing on the intensity of the issue. She said lawyers are not always very helpful in such cases and sometimes police emerges as the savior. Also various kinds of exercises like meditation, counseling etc. can get the victims out of such miseries. Before beginning her session she asked everybody to introduce themselves and also elaborate on their experiences or problems related with domestic violence if any.

                                                       

Add caption

Everybody discussed their experiences and following points came up. They said there are many legal options but they try to solve the problem through mutual understanding. If that doesn’t work out then they lodge the cases.Sanyukta from (Patna) Sultanganj police station informed about the female councilors to help the victims out of their troubles in their police station.

·      Rashmi Rekha of (Patna) Kotwali Police station said that there are times when the women do not want to register their cases or send their husbands to jails. They simply want to create terror in husbands with the help of the police. Such cases become difficult for them to handle. Police from Samastipur said that Panchayat also helps in solving the issues.

·    Prabhakar who was a journalist informed that domestic violence takes place in a number of households and to save the family from breaking down steps are taken to solve the matter and head towards re-uniting.

·    Manoj from (Patna) Hathua Police Station informed about a special cell for overcoming this issue and also blamed lack of education amongst the rural people for the rise in violence.

·       As a first step a notice is issued rather than filing a case as it increases the troubles.

·    Prem raj Chauhan from (Patna) Parsa Police Station said that the fighting arises due to several trivial issues like not willing to stay in joint families. Sometimes mobile also becomes a problem. And many times husband keeping two wives is the problem without divorcing any one of them.

·    The police from (Patna) Jakkanpur Police station informed that mostly women from lower class come to report of their drunken husbands who indulge in wife battering. The police then calls the people involved and tries to bring negotiation between them. If that is not fruitful, an FIR is made.

·    A police officer from Samastipur mentioned how men use women in local feuds related to wealth and property but later sort it out on their own.

·         Govardhan Pandit of Barachatti police station said that cases of wife battering are mostly brought to them and women sometimes drag the entire families in the matter which is not right.

·         Kapil Dev Paswan from Mohanpur police station, Gaya reported that women bring a lot of issues to them but they are majorly solved through mutual understanding.

Ms. Shruti Singh (Advocate) who works with the organization on the issues related to violence on women and children said that men are never wrong in whatever they do. They can run away or keep two wives but they are never ashamed or guilty or even scared of anything. The role of police then becomes important in using DIR or simply scaring away the perpetrators of violence so that women can live peacefully in their husbands or maternal home or even a rented place. According to the law that came in the year 2005 for the protection of women, it is also applicable in the matters of property. She was disappointed by the fact that the mindset of the people hasn’t changed at all and they don’t feel that it is right to give punishment to the perpetrators of violence. She said that a woman has as much claim to a house as the husband as the Act has the provision of stopping the shared house from being sold away or the woman being thrown away from that shared house. This Act makes sure that a woman leads a life of respect.

Mita Mohini, another advocate advised the police officers to be more vigilant and do justice in such cases. She tells them that if it is difficult for them to do their bit then they should think about their daughters and sisters who can go through this trauma and then their reaction to the whole situation.

Add caption

Many people from the media embraced the event with their presence. They were Sanjay, Prem Kumar, Sandeep Kumar, Supriya etc.

After this introduction session, Ms. Abha took over. She said that the police play a very important role and a lot of pressure is created on them from both the sides for taking correct measures. A lot of personal and social problems are discussed with them and then they are expected to take rational steps if the crime has occurred and file a case against that person.

She said that in most of the experiences discussed, it was the woman who filed complaint against the husband. But an important point that arises is that a woman is not just a wife.

She raised a question that why is it that violence is only associated with husbands? There are other men in the family too who perpetuate violence. In many families it is the parents who discriminate between their sons and daughters and this is also a form of violence.  It is an established fact that children have to look after the well being of their parents but now the condition is that whatever is beneficial for the children that should be done to ensure their well being if such kinds of discrimination exists.  A family is not always the most secure place. People did not realize this a few years ago. The police cannot rectify this issue but a social worker can work on such issues. But people opt for the involvement of police because it involves a legal and justice oriented procedure which might get them their justice.

There are certain questions that the Section 154 raises like- who has the power of investigation? What is the importance of FIR? Is an arrest made if the names of people are mentioned in the FIR? What is the correct method of lodging an FIR? Is the concerned person arrested immediately? Can corrections of the names be made in the complaint later? The police officers that were present there were asked these questions. One of them said that if a case is authentic then the FIR is lodged and the power is completely with the police to decide to whether arrest the concerned person or not.

She asked everybody to focus on the cases where it is alleged that women make false complaints against their husbands and his family just to take revenge over some issue. What can a police do if he finds that the case is not authentic? What is the provision mentioned in the law? She asked them that how many times they have been asked to change their case diaries? There are various pressures that don’t allow the police to function well. One of the officers got up and explained how there is no provision of charge sheet against a woman because it is their duty to protect them. If they feel that the police don’t do enough to protect them a bigger problem arises for them. They go to senior officers and complain against them. The authenticity of their complaint is checked later on. So an important question that arises is that just because a complaint is made against them by a woman, they can start an unjustified investigation without even checking that the complaints which are made are real or not? They said they have to comply and take action otherwise they can get in trouble. To this Ms. Abha replied that there are several police officers who do not agree to carry out unauthentic investigation which is highly commendable.

Is the I.O king of investigation who acts according to his own wish? There are just two ways- either to voice against the false complaints which are made or to start with the investigation which is wrong. A police officer informed that false or unauthentic investigation never takes place because there is a hierarchy of people above the I.O. The inspector, D.S.P is in the loop and there are provisions like the Janta Durbar where the Chief Minister can be approached. With so many authorities involved, I.O can never go wrong.

Ms. Abha further said that the biggest challenge that exists today is that people are against Section 498 because they think it is highly misused. She said it can be misused but the ultimate power resides with the police. A woman can make false complaints but it is the power of the police to take correct and apt measures. So it is important to understand all provisions of this section. She said that Sec 498 and Domestic Violence Act is not the same thing. So when can one make a complaint under 498 A? An officer replied that whenever a woman is physically, mentally or economically abused then 498 A can be brought in use.

Moving on the discussion Ms. Abha focused on the role and powers of Domestic Violence Act. She put forward the question of role of police under the IPC and DV Act which are both distinct from each other. She said that the provisions of both were different. She also said that the policemen should not be seen as the one with all the powers. They should not be pressurized and should be given the space to do their work. She said that the main aim of the workshop would be to focus on the legal structure related to this issue as they (policemen) formed the part of the implementation agency of the legal structure.

She said that the training that the police receive is very dry and technical which doesn’t go with the laws that are made. It gets very difficult to correlate them. Domestic violence is not only prevalent in India but is a worldwide phenomenon. She asked that why is there a law to protect women. To its reply she said that the Indian Constitution strengthens all its citizens by protecting them through these laws and give them equal status. The sex, caste, religion etc. doesn’t matter and everybody has equality in approaching the law.

The Constitution is criticized by many as it is adopted from various countries and also blamed for certain problems that occur in the society. She said that only those people, who couldn’t understand the Constitution, criticize it. It is only because of the Constitution that the status of the women could be uplifted in the society. The current scenario is such that the civil society and police can interact with each other without hesitation and this is a very big achievement. The Constitution, though it was constituted in 1950, has strengthened gradually over a long period of time. The Preamble which begins with “we the people of India” is applicable to all the Indians and they have to abide by it in all circumstances.

Reverting back to the issue of domestic violence she said that it first started by the parent’s who differentiate between the girl and the boy child. The girls are mentally prepared or trained in an environment of discrimination. They are told the dos and don’ts since the beginning. They then gradually internalize these “rules” made especially for them so that they do not face any problem in future in tackling any issue. They are deprived of the freedom and the openness that the boys possess. They are told that they are weaker than boys and that that their body is an object which they have to keep covered and never can they be open about their sexuality. She informed that whenever women sit for any kind of training they totally accept that they have been violated by their relatives in some way or the other and that they never informed their parents about it. Even if they inform their parents, they try to suppress the matter anyhow. She asked everybody to ponder on these issues which trouble women in their daily lives. Only when these questions are deeply thought out, their solutions can be found out as these issues trigger disturbing questions whose answers are very important and difficult.

She asked everybody that if women and men were equal? Most of them said yes. But this fact is not accepted because it is a patriarchal setup where men dominate and the behavior towards any situation is not the same. For example, she said that both men and women are equally capable of climbing a tree but women are nourished in such a way that they think that they can’t do it. It is only now, after so much awareness and education that women have come up to the forefront and intend to do everything that a man does. The situation hasn’t been the same from the beginning. Time has changed and so has the mindset of the people. But there is still a long way to go. The women did not always participate in the Olympics. They were told that they were not fit biologically and weaker than the men. Till now, many countries do not allow the participation of women. There was no category in any of the events for women. Somebody elaborated by saying that people today don’t watch Sania Mirza’s game but focus on the length of her skirt. According to one of the audience member, science proved that women are internally, physically weaker than men. Ms. Abha said that even if it is, it is because of their monthly menstrual cycle and their ability to reproduce. She tried to explain this with an example. A woman named Neera Mathur appeared for LIC examination and she qualified for her interview. Further she had to give medical test to a panel of doctors. She was asked a set of questions like these.

•  Married or Single?
• Husband’s name and Occupation
•  Children if any. How many and date of birth.
•   Are your periods regular? If not, why?
•  Do you experience pain during your periods?
•  When was the last time that you got your periods?
•  Did you go through any miscarriage? Why?

These questions were a part of their procedure which was mandatory. Ms Abha asked how they felt when she was mentioning these questions. Everybody said they didn’t like it. She said that they shouldn’t feel bad as it is very natural. She further said that is it necessary for them to take leave during their periods? Women take leave only because there are provisions for taking leave. Women need to increase their calcium and iron intake during their periods. But this is not a disability because it is natural. This is just a situation of discomfort. Taking periods as a marker of weakness is a sign of discrimination. She asked the female police officers if they were asked the same question for their interview or how would they have felt if they were rejected on the basis of periods. It is a stereotype that women who have periods can’t do anything. In many communities women are told to remain in one isolated space. A law was later made granting leave to the working women during pregnancy because pregnancy was a natural process and not giving them leave was separating them from their legal right. This should not stop from earning their livelihood. Due to lack of clean toilets women do not want to work. These are the infrastructural problems which need to wither away from the society. This is how inequality in deeply ingrained in our society.

To test the police officers certain questions were asked and their answers were as follows:

Q1) if a woman goes out with her boyfriend and later claims that he tried to sexually harass her. Who is to be blamed and why?

Ans) Generally, in such cases a boy is blamed. Even if the guy is a friend of the girl and he does anything objectionable, he will be blamed. If the girl talks about it in her family she is only blamed. Ms. Abha asked them that what they would do if a girl brings such a complaint to them. They replied that immediately the investigation takes place. The other people who were present there said that the case is only not registered. They said that girls are given a list of guidelines before they step out of house. They have to follow a code of conduct. But the boys do not have to follow any such rules. This is where the discrimination arises. Ms. Neelu gave an example of a man who made false promises of marrying a woman and then sexually exploited her. He was the son of Sarpanch. When that woman went to the Danapur police station she was sent to Gandhi Maidan police station and there she was told to register the case in the local police station. This is when she came to Mahila Jagran Kendra and informed that the police have not been cooperative in lodging FIR. So MJK went with her and tried to reason out with the police. As soon as they left, the police again became non-cooperative. So this is what generally happens as reported by Ms. Neelu. She said that they are not blaming the policemen but their minds are blurred by their stereotypical thoughts. Ms. Abha said she appreciates those officers who do their duty whole heartedly. She asked them to not give negative response to the women who bring such complaints. She asked them to be sensitive towards the women, maintain a register in their police stations where they could write their complaints.

Q2) Does the transport department has special bus provisions for women in the 

morning and evening? Does this mean partial behavior towards men? Why?

Ans) This is not a partial treatment towards men. This provision is for the safety of women. It should not bring the question of inequality.

Q3) An old widow named Shakuntala Devi has a lot of wealth and property and has 4 sons. None of the sons want to look after their mother.

The youngest son keeps her but always fools her for money and when she fights back she is not given food and also doesn’t look after her daily needs. Ultimately, she goes to a police station to file a complaint. Is she a victim of domestic violence then?

Ans)  Such cases take place in the society but there are a very few mothers who report against their sons. Despite having so much wealth they lead a life of a beggar. She cannot even fulfill her basic needs. Such kind of domestic violence is inflicted upon older women by their children only. People have a misunderstanding that the Domestic Violence Act is for the wives only. The police should inform these women about the Act and tell them about the legal aid that they can avail. They can also write their complaint in a diary, give them a copy and send them to the protection officers for further proceedings. Besides this, the police should also know about the Parents and Senior Citizens Act, 2007 about which they can tell them. There is a tribunal for this in each district. This means that the burden doesn’t lie with police entirely. The DV Act makes the police equally responsible towards the victims. Whatever they feel is correct, they should register the case under that Section.

Q4) A woman goes out of the house late in the night without asking her husband, talks on the phone for long hours with her relatives. The husband checks her phone and scolds her. He even calls her mentally sick. So what should the woman do? Is she a victim of domestic violence?

Ans) These attributes of the woman of talking on for long hours, going out of the house to meet her relatives etc. is not a sign of being mentally sick. This accounts for domestic violence. The woman should make certain adjustments but that doesn’t mean listening to unjustified comments or get beaten up.

Q5) There are two sisters Rakhi and Rupa and they have two brothers. Their parents have passed away in an accident. Rupa wants to get married to a person she studies with but her doesn’t let her do that and doesn’t even allow her to study further and beats her up. He also throws her out of the house and says he can’t look after them anymore. He doesn’t give them their share of their parent’s property. Is this a case of domestic violence? What does she do?

Ans) It is important for them to know that which Act deals with this case and also their legal rights. This is also domestic violence. Any male member of the family (father, son, husband, uncle etc.) who tries to force the woman for anything, denies her share in the property, scaring her, abusing her, stopping her from going out (illegal confinement) etc, these all are forms of domestic violence. For a minor girl there is also a provision of Child Marriage Act, 2007 which allows the victim to directly take action with the help of police which was earlier not there. These girls can also get protection order from the magistrate. This is a very important aspect of domestic violence Act. People take these issues very casually but statistics show how women can easily get trafficked and then they commit suicide. The police should also be updated with all the news laws like the Section 370 of the IPC. They should possess the new criminal manual which has all the three new laws and the new amendments.

It is often said that women cook up stories but that is not true. A lot of women get beaten up on a daily basis. The statistics are so high that it is not possible for so many women to make up stories and for what. A lot of incidence that takes place today happened 15-20 years ago as well. That is the reason why 498 A was made. None of the medical reports show that a woman was beaten up. The women themselves hide their story. Women are not self confident and independent enough and it accounts for behavioral syndrome. To live with dignity and self respect it is important to be self independent. If the police counsels the victim to still stay with the abusive husband is like throwing her into trouble. When a woman wants to give up her life because of the violence inflicted upon her, this is when 498 A came into existence.

Q6) A hospital hires nurses. Before hiring married nurses the hospital asks for NOC signed by their husbands. Is that correct?

Ans) It is against the Constitution. This rule has been dissolved by the court saying that a man and a woman have equal rights in a marriage. Why only the woman, a man can also leaves his job.

Q7) Usually the men from which of the following categories inflict violence on violence?

•  Lower class- economically and socially
•   Rural and uneducated
•   High class
•  All class

Ans) Men from all class inflict violence especially from the uneducated background.

Q8) Why is it not important for women to have a share in their parents property?

•   They get a share in their in laws place also
• A lot of money is spent on their wedding
•   To keep a healthy relation with her family
• A lot of division reduces the value of the property

Ans) everybody, men and women alike should have an equal claim to the property to bring about stability and equality in the society. There is a lot if in balance regarding the property rights which brings differences. Parents should not give their properties away to their children while they are alive.

Q9) what is domestic violence?

Ans) Ms. Abha said that it is not only the fight between husband and wife. This should be flushed out of the system. It is the physical, oral, emotional and economic abuse of any person. DV Act came in the year 2005. It is punitive in nature and can be solved without the interference of the court. The victim is that person upon whom the violence is inflicted upon. Two important aspects are that the person should be blood related or should be a part of a family. It doesn’t include those people who are guests, staying for only a few months.

Q10) What can be accounted as violence?

Physical violence- battering, blackmailing, ignoring etc.

Economic violence- to not look after the food and nutrition, to cheat in the matters of wealth and property, deny the claim to wealth, to force someone (usually wife) to get money or property from the brother etc.

Verbal violence- use abusive words

Emotional violence- blackmail or taunt someone

Q11) What are the provisions under this law?

Under the section 5 of this Act there are roles and responsibilities for the policemen which they should know. They have to show the victim the correct path. They are supposed to maintain a diary highlighting the suggestions they give to that person. They should have the address of the protection officer.

The role of the magistrate is to give orders. The victim can directly approach the magistrate for her protection. He can give the order that nobody can inflict violence upon her. This is called the “protection order”, which is an order to stop the domestic violence. Sometimes it is seen that the head of the family sells his property making everybody else homeless. In such cases protection orders can be passed so that the members do not feel unsafe.

This Act also gives the victim to avail the provision of “Residence Order” and maintenance. A mother can ask for her child’s maintenance and for her child’s custody she can take protection order from the magistrate. Those who do not abide by the orders can be sent to jail for a period of one year or a fine of Rs. 20000 can be imposed on them. The magistrate can give one sided interim orders until the entire investigation is completed because that doesn’t harm anybody. This order is valid till the protection officer submits a report to the magistrate. This law can be used for solving any tussle between two people.

Q 12) What can be the needs of a domestically violated woman?

•   Someone to listen to her without interrupting her.
• Get her medical help
•  Protect her from the violence
•  Give her a place to live
• To register the case, do the needful investigation.
•  Counseling
• Any kind of helpMake her aware her of her rights

Q 13) What are some of the important information for the police?

What is 304 B?

A woman who dies within 7 years of her marriage for not being able to fulfill the demands of dowry by her husband and in laws is called dowry death and this case can be registered under Section 304 B. When a dowry death takes place, the police should know how to preserve everything from the scene of crime.  This is a very important skill. They should cease the telephones, the computer hard drives and pay a special attention to inquest. They should also keep a check on their junior officers because they can disrupt the evidences in their greed of money. If the investigation is on the right track from day one, it gets difficult to spoil the case.

These are very severe issues that exist in our country because the number of victims is really high. There is only one thing that can empower women and that is equality. This can be changed or rather stopped only if there is a change in the mindset of the people. This brings a lot of shame to our society because women at an alarming rate have been abused or violated.

Post this round of question and answers Ms. Babita took over. She thanked everybody present there and this is how the workshop came to an end with a hope that whatever knowledge was spread across today will be effectively brought in force by the police members. She expected everybody present there to be vigilant enough and make proper use of this law. She also expressed her disappointment to the fact that they had invited policemen from 57 police stations but not all of them could turn up. She thanked the DGP because of whom the police officers could attend the workshop. A heartfelt thank you was given to Ms. Abha who from her busy schedule took out some time and came to conduct this workshop. There were members from other organizations as well who were thanked along with Mr. Rupesh who in the right to food campaign is the advisor to the Commissioner and Ms. Neelu who is the Chairperson of MJK. With the support of everybody, this workshop was a huge success.