DOMESTIC VIOLENCE ACT 2005
We have decided to dedicate this blog to those
violence survivors who can relate to the above-mentioned statement and we are
also eager enough to share a story that left a lasting impression on us. For
confidentiality purposes, we have changed the name of the abuse survivor.
Reena who is 37 years old was married to Suresh 15
years back, accepting the patriarchy and supremacy of the male members it was
quite normal for Reena that all her actions were controlled by her husband,
meeting her parents was also not in her hands. She never revolted back because
of her husband’s controlling behaviour she as a kid she saw her mother obeying
her father and there was nothing odd in it. Things became odd when the medical
condition of Reena fluctuated and she was asked by her gynaecologist to stop
sexual activities for some time with her husband for proper healing after their
first child, she explained the same to her husband. Suresh was a casual drinker
so he uses to force his will every day on Reena neglecting her medical
condition; it became worst when due to adverse sexual activities her problem
increased and left her in excruciating pain and when she spoke about the same
to her mother-in-law she asked her to suffer a little because it was her duty
to fulfil her husband’s vows.
Now looking at Reena’s condition we feel there is
an immense need to understand that “there is no excuse for abuse” and
the chain of abuse needs to be broken by raising one’s voice. To break the
chain we need to understand how to identify abuse. There are the following kind
of abuses-
(i)
Physical abuse: Any act or conduct which is of such
a nature as to cause bodily pain, etc
(ii)
Sexual abuse: Includes any conduct of a sexual
nature that abuses, humiliates, degrades, or otherwise violates the dignity of
a woman;
(iii)
Verbal and Emotional abuse includes-
(a)
insults, ridicule, humiliation, name-calling, and
insults or ridicule especially concerning
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-
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; etc.
Fig 1: The Cycle of Abuse
With the proper understanding of the type of abuse,
one should always know what must be the individual efforts-
- Raise
your voice.
- Speak
about it to your friends and relatives.
- Take
help from the nearest police station.
- You
can even take the help of the Magistrate.
Rules and regulations are not enough only when we
don’t know the understanding and applicability of them, but when we get well
versed with it they become our rescue which is the whole idea of this blog.
- Article by Palak Mahecha
(Volunteer) and Shivani Singh (Legal advisor at Sambhali Trust)
If you have any queries or doubts related to domestic violence - feel free to consult our Toll-free Helpline number - 180012000200 or Consult/WhatsApp us for free legal advice at +91 63677 11327
COMPREHENSIVE METHOD LEGAL AID
This blog is in continuance with the earlier blog - focused on the psycho-social
aspects and aid available to the victims of gender-based violence. This part of
the blog is an effort to elaborate on the legal services which are essential for
gender-based violence survivors.
Regarding the earlier blog, we have analyzed as to how is psycho-social help
very essential to the women who has suffered violence and is a victim of
gender-based abused. We also mentioned that all around the world, one out of
three women suffer gender-based abuse, and it is even painful to summarize that
the number is drastically increasing.[1] The lockdown period during the corona
virus pandemic was the darkest period for the women as it witnessed the highest
number of domestic violence cases in not just India but all around the globe
alongside fighting the pandemic.[2] We believe that a proper kind of legal
counseling and guidance can solve a lot of problems because belonging to the
legal fraternity of this country, we believe that every person suffering has the
right to access justice.
Legal aid will enable the woman to stand for herself as it will equip her with the
information of her legal rights available to her. We have witnessed that the
women who are a victim of gender-based violence are even scared to register a
simple F.I.R (first information report) or complaint, which is the primary
importance for starting the legal proceeding. We at this organization provide
legal counseling to the women and help them understand their legal rights
available to them and also stand with the women from the filing of the case till
the disposal of the same.
Apart from counseling, with the help of workshops and campaigns, we educate
women about the rights, benefits, and schemes available for women and the girl
child. We aim to spread awareness about legal information and its importance in
their daily lives. With the simple motive of “EASY AND SUBSTANTIAL LEGAL
ASSISTANCE,” we hope to remove the hesitation they face from police
machinery and the judiciary. We aim to make the women so fearless that in the
coming future, they can reach out to the system without being scared of it.
There have been various compensation schemes introduced by the National
Legal Services Authority like “Compensation Scheme for Women
Victims/Survivors of Sexual Assault/other Crimes - 2018.” That has been
available for the victim of sexual abuse and violence survivors. We found that
the lacuna for the arising number of gender based violence cases was
unavailable access to justice and unawareness about the laws and prevention of
crimes. So with this comprehensive approach, we work on providing education
on the benefits available to the victims.
It is a general phenomenon that the person who is legally-equipped tends to feel
much wiser and independent, so by this holistic outreach - we tend to make the
women feel strongly about themselves. By this promising approach, we tend to
become the bridge between the victims and the system so that no voice goes
unheard.
If you have any queries or doubts - feel free to consult our Toll-free Helpline
number - 180012000200 or Consult/WhatsApp us for free legal advice at +91
63677 11327
- Article by Palak Mahecha (Volunteer) and Shivani Singh (Legal advisor at Sambhali Trust)
Source:
[1] https://news.un.org/en/story/2019/11/1052041
[2] https://edition.cnn.com/interactive/2020/10/world/coronavirus-impact-domestic-abuse-
global
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