Form IV : See rule 8(1)(ii)
Protection Of Women From Domestic Violence Rules 2006
Form IV :
[See rule 8(1)(ii)]
Information On Rights Of Aggrieved Persons Under The Protection Of Women From Domestic Violence Act, 2005 (43 Of 2005)
1) If you are beaten up, threatened or harassed in your home by a person with whom you reside in the same house, then you are facing domestic violence. The Protection of Women from Domestic Violence Act, 2005, gives you the right to claim protection and assistance against domestic violence.
2) You can receive protection and assistance under the Act, if the person(s) with whom you are/were residing in the same house, commits any of the following acts of violence against you or a child in your care and custody-
1. Physical violence:
For example
(i) Beating,
(ii) Slapping,
(iii) Hitting,
(iv) Biting,
(v) Kicking,
(vi) Punching,
(vii) Pushing,
(viii) Shoving or
(ix) Causing bodily pain or injury in any other manner.
2. Sexual violence:
For example
(i) Forced sexual intercourse,
(ii) Forces you to look at pornography or any other obscene pictures or material,
(iii) Any act of sexual nature to abuse, humiliate or degrade you, or which is otherwise violative of your dignity or any other unwelcome conduct of sexual nature,
(iv) Child sexual abuse.
3. Verbal and emotional violence:
For example
(i) Insults,
(ii) Name-calling,
(iii) Accusations on your character or conduct, etc.,
(iv) Insults for not having a male child,
(v) Insults for not bringing dowry, etc.,
(vi) Preventing you or a child in your custody from attending school, college or any other educational institution,
(vii) Preventing you from taking up a job,
(viii) Forcing you to leave your job,
(ix) Preventing you or a child in your custody from leaving the house,
(x) Preventing you from meeting any person in the normal course of events,
(xi) Forcing you to get married when you do not want to marry,
(xii) Preventing you from marrying a person of your own choice,
(xiii) Forcing you to marry a particular person of his/their own choice,
(xiv) Threat to commit suicide,
(xv) Any other verbal or emotional abuse.
4. Economic violence:
For example
(i) Not providing you money for maintaining you or your children,
(ii) Not providing food, clothes, medicines, etc., for you or your children,
(iii) Stopping you from carrying on your employment or,
(iv) Disturbing you in carrying on your employment,
(v) Not allowing you to take up an employment or,
(vi) Taking away your income from your salary, wages, etc., or,
(vii) Not allowing you to use your salary, wages, etc.,
(viii) Forcing you out of the house you live in,
(ix) Stopping you from accessing or using any part of the house,
(x) Not allowing use of clothes, articles or things of general household use,
(xi) Not paying rent if staying in a rented accommodation, etc.
3) If an act of domestic violence is committed against you by a person/s with whom you are/were residing in the same house, you can get all or any of the following orders against the person(s)-
(a) Under section 18:
(i) To stop committing any further acts of domestic violence on you or your children;
(ii) To give you the possession of your stridhan, jewellery, clothes, etc.;
(iii) Not to operate the joint bank accounts or lockers without permission of the Court.
(b) Under section 19:
(i) Not to stop you from residing in the house where you were residing with the person/s;
(ii) Not to disturb or interfere with your peaceful enjoyment of residence;
(iii) Not to dispose off the house in which you are residing;
(iv) If your residence is a rented property then either to ensure payment of rent or secure any other suitable alternative accommodation which offers you the same security and facilities as earlier residence.
(v) Not to give up the rights in the property in which you are residing without the permission of the Court.
(vi) Not to take any loan against the house/property in which you are residing or mortgage it or create any other financial liability involving the property.
(vii) Any or all of the following orders for your safety requiring the person/s to.
(c). General Order:
(i) Stop the domestic violence complained/reported.
(d) Special Orders:
(i) Remove himself/stay away from your place of residence or workplace;
(ii) Stop making any attempts to meet you;
(iii) Stop calling you over phone or making any attempts to communicate with you by letter, e-mail, etc.;
(iv) Stop talking to you about marriage or forcing you to meet a particular person of his/their choice for marriage;
(v) Stay away from the school of your child/children, or any other place where you and your children visit;
(vi) Surrender possession of firearms, any other weapon or any other dangerous substance;
(vii) Not to acquire possession of firearms, any other weapon or any other dangerous substance and not to be in possession of any similar article;
(viii) Not to consume alcohol or drugs with similar effect which led to domestic violence in the past;
(ix) Any other measure required for ensuring your or your children's safety.
(e) An order for interim monetary relief under sections 20 and 22 including--
(i) Maintenance for you or your children;
(ii) Compensation for physical injury including medical expenses;
(iii) Compensation for mental torture and emotional distress;
(iv) Compensation for loss of earning;
(v) Compensation for loss caused by destruction, damage, removal of any property from your possession or control.
Note I :
Any of the above relief can be granted on an interim basis, as soon as you make a complaint of domestic violence and present your application for any of the relief before the Court.
Note II :
A complaint of domestic violence made in Form I under the Act is called a "Domestic Incident Report".
4) If you are a victim of domestic violence, you have the following rights:
(i) The assistance of a Protection Officer and service providers to inform you about your rights and the relief which you can get under the Act under section 5.
(ii) The assistance of Protection Officer, service providers or the officer in charge of the nearest police station to assist you in registering your complaint and filing an application for relief under sections 9 and 10.
(iii) To receive protection for you and your children from acts of domestic violence under section 18.
(iv) You have right to measures and orders protecting you against the particular dangers or insecurities you or your child are facing.
(v) To stay in the house where you suffered domestic violence and to seek restraint on other persons residing in the same house, from interfering with or disturbing peaceful enjoyment of the house and the amenities facilities therein, by you or your children under section 19.
(vi) To regain possession of your stridhan, jewellery, clothes, articles of daily use and other household goods under section 18.
(vii) To get medical assistance, shelter, counselling and legal aid under sections 6, 7, 9 and 14.
(viii) To restrain the person committing domestic violence against you from contacting you or communicating with you in any manner under section 18.
(ix) To get compensation for any physical or mental injury or any other monetary loss due to domestic violence under section 22.
(x) To file complaint or applications for relief under the Act directly to the Court under sections 12, 18,19, 20, 21,22 and 23.
(xi) To get the copies of the complaint filed by you, applications made by you, reports of any medical or other examination that you or your child undergo.
(xii) To get copies of any statements recorded by any authority in connection with domestic violence.
(xiii) To assistance of the Protection Officer or the Police to rescue you from any danger.
5) The person providing the form should ensure that the details of all the registered service providers are entered in the manner and space provided below. The following is the list of service providers in the area:
Name of Organisation :
Service Provided :
Contact Details :
Continue the list on a separate sheet, if necessary ...................
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