Prevention of Domestic Violence

1. Prevention of Domestic Violence KEY SALIENT POINTS

2. Violence inKerala*? • 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 StatePolice

3. Reasons for Gender-BasedViolence • 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

4. Focus onWomen? • 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?

5. Consequences of DomesticViolence • 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 • Costs of Service Delivery in Protecting Survivors (Medical, Police, Judiciary, and Other Social Services) and Prosecuting the Perpetrator

6. Consequences of Domestic Violence for theIndividual • 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?

7. Why Domestic Violence Act2005? • 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.

8. What is DomesticViolence? • 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

9. 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

10. Who Can Be AComplainant? • 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 actionagainsta 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

11. To Whom Can YouComplain? • ProtectionOfficer • Service ProvidingCentre • Medical Officer inCharge • PoliceStation • Magistrate

12. Where Can youcomplain? • Jurisdiction Under the PWDV Act • Where wife permanently or temporarily residesor 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.

13. Types ofOrders • 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

14. 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

15. Section31 • Non-compliance of a PROTECTION order by magistrate can lead to issuance of non-bailable warrant.

16. Time Prescribed by PWDVAct • 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

17. Government Offers ComprehensiveServices • 14 Protection Officers in theState • 101 Service ProvisionCenters Shelters Family CounsellingCentres  

18. ServicesOffered • File a Detailed InvestigationReport • Direct Complainant to aShelter • Facilitate Free legalservices • Provide counseling services asrequired

19. 4 “Ps” of Addressing DomesticViolence • Prevent domestic violence • If it happens you Protect the victim/survivor • You Prosecute the perpetrator • You encourage the woman to Participate & get empowered

20. Prevention isKey • 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.

21. How Do You Prevent DomesticViolence? • 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