Prevention of Domestic Violence KEY SALIENT POIN TS

Prevention of Domestic Violence KEY SALIENT POIN TS

Violence in Kerala*? 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 A Few Widows And Separated Women. Report on Violence Against Women in 2012 -2013 Kerala State Police

Reasons for Gender-Based 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

Focus on Women? 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?

Consequences of Domestic Violence 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

Consequences of Domestic Violence for the Individual 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?

Why Domestic Violence Act 2005? 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 498 a can be booked against husband or his relatives but DV can be booked only against male members of a family.

What is Domestic Violence? 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

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

Who Can Be A Complainant? 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 actionagainst a 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

To Whom Can You Complain? Protection Officer Service Providing Centre Medical Officer in Charge Police Station Magistrate

Where Can you complain? 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.

Types of Orders 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

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 498 A must follow procedure in Cr. PC 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 Cr. PC summons case – Karnataka HC Double Jeopardy does not apply

Section 31 Non-compliance of a PROTECTION order by magistrate can lead to issuance of non-bailable warrant.

Time Prescribed by PWDV Act 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

Government Offers Comprehensive Services 14 Protection Officers in the State Service Provision Centers 101 Shelters Family Counselling Centres

Services Offered File a Detailed Investigation Report Direct Complainant to a Shelter Facilitate Free legal services Provide counseling services as required

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

Prevention is Key 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.

How Do You Prevent Domestic Violence? 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