Domestic voilence - could u pls help???
Ashish M
(Querist) 17 April 2008
This query is : Resolved
The other day i went to a women cell with my friend to report the domestic violence she is suffering at home bcoz of her younger brother. She used to work day and night and when she comes home, all she has to bear is her brother's physical and mental abuse. he used to beat her, abuse her mentally, raising questions at her dignity.
He is physic from mind as he was weak in his studies and since he couldn't do anything in his life, he used to alligate his mother, father and sister for his state. He harms them all physically and mentally. since, his father and mother are very old and they have the only sister who is actually working, there always remain tension at home. this boy don't hve anything to do and just sit at home the whole day and when sister is out at work, just to beat her old mother.
They tried to admit him at some mental hospital but the hospital says that he has to brought to the hospital and some male member has to be with him round the clock. The family has only father, mother, the younger brother(problem), and the sister (who is working). and nobody to help them. he has a robust body due to which nobody could even defend him/herself from him. its a far thing to "take" him to hospital. hence it has become difficult to even hospitalise him. in case we will go to police to report, they may ask for the proof of his such state, the unavailability of which could possibly weak our case.
No relative or neighbour is ready to intervene and help them.
When he crossed all the limits by beating his father, mother and sister severely that day for no reason other than his own lunacy, we decided to report it to the women cell.
But when we approached their, they, at the face denied our application by saying that women cells are only for those women who are exploited at their in-laws or by husband.
women cell can't help those women who face exploitation at their home by any of their own family member (brother or any lineal ascendent or descendent of her only family).
does the domestice voilence act protect only a married women against their in-laws? r women cell made only to protect women from in-laws or husband or any member related to the husband.
I got distressed hearing such a fact. when he said he can't do anything.
Domestic violence act defines 'domestic relatonship' to include a relation in the nature of 'consanguinity' or a 'family member living togather as joint family'..
could u pls help me out and my friend & tell me any legal help she can get for this.???
Jithendra.H.J
(Expert) 17 April 2008
peculiar case!
as per your query the family members just not want him to be in the family, better give a complaint to the police, but the complaint should be strong! who knows he may get free treatment for lunacy by the direction of the court!
Ashish M
(Querist) 18 April 2008
Dear sir,
Pls kindly let me know that whether the domestic violence act is their to protect only a married women from their in-laws? Is an unmarried women eligible to make plea under the said act for protection from any of her male family member?????
H. S. Thukral
(Expert) 21 April 2008
Dear Ashish
Domestic Violence Act is not only to protect married women from their in-laws. It is an act for protection of any violence in any domestic relationship. To help you I am giving extract of some provisions in the Act.
2 . Definitions.- In this Act, unless the context otherwise requires,- (a) "aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;
f) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;
3 . Definition of domestic violence.- For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it - (a) 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 (b) 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 (c) 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 (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation I - For the purposes of this section,- (i) "physical abuse" means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;
(ii) "sexual abuse" includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
(iii) "verbal and emotional abuse" includes- (a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child;
and (b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.
(iv) "economic abuse" includes- (a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;
(b) 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 aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person;
and (c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.
Explanation II - For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes "domestic violence" under this section, the overall facts and circumstances of the case shall be taken into consideration.
The remedy lies is either reporting to Police, Protection Officers appointed under the Act or filing a complaint bef
SANJAY DIXIT
(Expert) 17 June 2008
Yes.
The domestic violence act is to protect all women not only a married women. An unmarried woman is eligible to make plea under the said act for protection from any of her male family member.
