PROTECTION OF MEN AGAINST DOMESTIC VIOLENCE

Before we delve into the issue of domestic violence faced by men in India, we need to keep in mind that Men & Women are physiologically different, thus, requiring different levels and remedies in terms of protection of their rights and self.

The remedies provided in the Domestic Violence Act, 2005 are to provide for a more effective protection of the rights of women guaranteed under the Constitution of India. Relief, remedy or compensation under the Act is by way of monetary relief, counselling, medical assistance, custody of children and a right to reside in the shared household. These problems are highly women centric and thus were included specifically in the Act to provide relief. These remedies though would’ve been available under the general course of law but enacting the act ensured the dispersal of these remedies to the women facing the issue of Domestic Violence.

In terms of Domestic Violence issues faced by men in India, remedies can be availed under the Indian Penal Code, 1860 which will be inclusive of both punishments in form of imprisonment as well as a fine and/or damages as determined by the court. Further, there are various judgements determining maintenance payable and even

Section 319 deals with the offence of Hurt, it is defined as whoever causes bodily pain, disease or infirmity to any person. Whereas Section 320 deals with grievous hurt which includes any permanent damage, fractures, permanent damage to powers of any member or joint or any hurt that endangers life. Section 321 & 322 deals with the intention in terms of causing hurt voluntarily. Further, the punishment for the voluntarily causing hurt (Section 323) is imprisonment which may extend to one year or fine which may extend up to Rs. 1000/- or with both. In terms of grievous hurt (Section 324) is imprisonment which may extend to seven years and shall also be liable to fine.

Section 339 to 348, also deal with the aspects of Wrongful restraint and confinement with a maximum punishment of 3 years.

It is pertinent to note that the aspects of hurt, restraint and confinement are often ingredients of domestic violence thus, a person aggrieved from any of the above can find shelter under these Sections of the Indian Penal Code, 1860.

Section 349 to 352, 355 & 357, deals with the offences of Criminal Force and Assault. They provide for remedies for any intention of causing bodily harm to a person or having the intention of using criminal force to harm a person. The maximum punishment prescribed is up to five years or fine or both.

The major difference in remedies available under the Domestic Violence Act and the Indian Penal Code is that IPC is punitive in nature and could lead to imprisonment in most cases.

Though we might not have a separate legislation for men facing domestic violence the option of enforcing IPC is always a good idea to safeguard ones rights guaranteed by the legal system. The legal system is constantly evolving by way of various judgements that have enforced the rights of a man facing hardships, violence or any misgivings in his marital home.

It is also necessary to acknowledge the fact that domestic violence faced by men is not always at the hands of the wife or partner; but also through the relatives of the wife or partner. Domestic violence, isn’t limited to just physical violence, its psychological and emotional as well. As per the Save Family Foundation (Delhi) at least 85% of the men that had participated in the study acknowledged having undergone psychological violence. [1]

The acts of violence, whether emotional, physical or sexual aren’t gendered, it is only the remedies that differ due to different patterns of lifestyle, traditions, culture and opportunity. Women have Section 498A as an umbrella that safely guards them and leaves a chance for their rights to be upheld whereas the same umbrella does not extend to men who face violence.

Section 24 of The Hindu Marriage Act, 1955 extends the right of maintenance to both men and women during the pendency of the case at hand. The court, in such matters, takes into account the income of both the parties, i.e. the husband and the wife to determine maintenance. But, the same right is not extended to a man under the Special Marriage Act.

An exception under Section 125, Criminal Procedure Code, has established that if a woman has left the matrimonial home without any reason then the husband can refuse to pay maintenance.

Any man who is aggrieved by way of any sort of violence can always file a Writ Petition for safeguarding his right to life and liberty or by registering an FIR under any of the Sections of IPC that are applicable to his situation.

The law pertaining to Men’s rights is evolving in India and the courts have been granting appropriate legal remedies to the aggrieved men in instances of domestic violence.

A separate legislation might not be available in the near future, but why of amendments and precedents, a definite outline of a system of protection of rights will evolve.

It can never be discounted that violence is faced by everyone regardless of gender but the number of instances vary. This does not diminish the troubles of any gender, it just address the problem that is causing serious irreparable harm. Gender Neutral Laws are the way forward only when equality is achieved in the society. Redressal is available to men through various channels. Till the time any mechanism exists to safeguard the rights of men a remedy shall always lie in course.

Helpline Numbers:

SIFF For Men’s Rights, All India: +91 9278978978

How to File a Complaint:

1. At any instance of violence, please notify the National Police Helpline at Number 100 and report your incident.
2. In case of injuries, assault, etc., it is important to get a thorough medical examination done.
3. Register your FIR at the nearest police station with exact details of the incident and keep a copy of the same with you.

“Laws for Domestic Violence”

Domestic violence in India is a silent evil spread across all the communities and societies regardless of access to education, opportunity, traditions and culture. The prevalence of domestic violence in our society is a result of inequality in terms of dignity, respect, opportunity, education, etc. Over 30% of women in India are victims of domestic abuse as per the National Family Health Survey data. The entirety of the issue of Domestic Violence is borne from the fact that women have always been treated like second class citizens. Whether it was the right to work or just the freedom to move about freely in their own country. But, the age-old mindset of keeping women at bay, comes in the way of women being able to live their lives on their own terms. Physically men and women are different; and that fact doesn’t work out well in the favor of women. Thus, it has become extremely important to safeguard the rights and dignity of women. Hence, The Protection of Women Against Domestic Violence Act, 2005 (DV Act), The Dowry Prohibition Act, 1961 and Provisions of the Indian Penal Code, namely Section 498A in the present case have been introduced to combat this issue in the Indian subcontinent. Further, another exit route always available to women is the right to file for divorce under the grounds of cruelty. The law safeguards the rights and dignity of a woman to the best of its ability though there are miles to go before every woman can sleep in peace.

The Protection of Women Against Domestic Violence Act, 2005 (DV Act)

Domestic Violence, today, sees its solution in primarily the Protection of Women Against Domestic Violence Act, 2005 (DV Act.). It defines Domestic Violenceunder Section 3 of the Act as follows:

 

“ 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.

 

It is safe to say that any form of verbal, physical, emotional, mental, sexual or economic abuse comes under the ambit of domestic violence under the DV Act and provides the relief/remedy to the victims. It is also pertinent to note that Domestic Violence is not limited to just marital relationships. It includes under its purview relationships between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity (meaning: fact of being descended from the same ancestor), marriage, or through a relationship in nature of marriage (like live-in relationships), adoption or are family members living together as a joint family.The victim in the cases of domestic violence is referred to as the aggrieved person whereas the abuser is referred to as the respondent. The family members as well as members of the shared household can be made respondents (male or female; both are included under this Act.) in a complaint of domestic violence.

 

Remedies and Rights available to the aggrieved person/victim of Domestic Violence

• Inform the Protection Officer (As per, Section 4 of the DV Act, 2005)
• Protection Orders are issued to the respondent to insure the victim’s safety. (As per Section 5 of the DV Act, 2005)
• In case on non-performance /action of the Protection officer, a penalty can be imposed on the officer. (As per Section 18 &32 of the DV Act, 2005.)
• An application can be filed to enforce the governments duties towards the aggrieved person/victim.(As per Section 5 of the DV Act, 2005)
• An aggrieved person can make use of the shelter homes available as well as the medical facilities and counselling.(As per Section 6& 14 of the DV Act, 2005)
• Medical facilities have a duty to provide medical aid to the aggrieved person. (As per Section 7 of the DV Act, 2005)
• Assistance of welfare expert in terms of family welfare can be called upon to discharge his functions. (As per Section 15 of the DV Act, 2005)
• In terms of a marital relationship, a woman has the right to reside in the shared household and also has the full custody of the children with visiting hours for the respondent.(As per Section 17, 19 & 21 of the DV Act, 2005)
• An order for compensation can also be issued. (As per Section 22 of the DV Act, 2005)
• Orders may be issued to determine whether the respondents can reside in the same household as the victim at the victim’s behest or as deemed fit.(As per Section 5 of the DV Act, 2005)
• The victim has the benefit of monetary relief(As per Section 5, 9 and 20 of the DV Act, 2005)
• Penalty can be imposed on the respondent for not following orders.(As per Section 31 of the DV Act, 2005)

 

The DV Act provides for civil and quasi-criminal remedies. The issues that the act currently faces is the inclusion of only heterogenous relationships of major age. The remedies in the act are only provided to women

 

How to file a complaint for Domestic Violence/Abuse?

• The first step in a domestic violence complaint would be to call 100 at the time of the incident and register a First Information Report with the nearest police station.
• If the police station doesn’t have jurisdiction, they can be asked to file a zero FIR which can be filed at any police station and later be transferred to the police station with the appropriate jurisdiction.
• The aggrieved person can also request a protection officer or the assistance of a female officer as required.

 

The Dowry Prohibition Act, 1961

The aim of this act to protect women from violence occurring as a result of dowry demands made in matrimonial homes. Dowry has been an age-old concept where the family of the bride furnish a dowry in the form money, jewels or luxury articles. Over the years, the demand for dowry has increased manifold creating a burden on the bride and her parents. Upon default of payment of dowry, the family of the groom often resorts to violent practices and torturous treatment is meted out to the bride once she enters the matrimonial home.

This Act abolishes the act of providing and accepting dowry. The act gave power to the authorities to investigate claims related to dowry. It was through this act that this activity came under the purview of law and was punishable. Further, the act was amended in 1984 to clarify that presents to the bride and groom are allowed but a list of all such gifts, their value and the name of the person from whom it is received as well as the persons relationship to either party of the marriage is to be maintained.

Further, the Indian Penal Code was amended in 1983 to include dowry related provisions which included Dowry Death, Abetment to suicide (in case of dowry related suicide) and Dowry related cruelty against a woman by her husband or his family. Section 304 B of the Indian Penal Code defines the offence of Dowry Death as “Where the death is caused by any burns or bodily injury or occurs otherwise than normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called dowry death and such relative or husband shall be deemed to have caused her death.”

The punishment for a death caused due to harassment for dowry is imprisonment for a period of 7 years which is extendable up to imprisonment for life.

 

Section 498A, Indian Penal Code

This Section under the Indian Penal Code provides for protection against cruelty by husband or relatives of husband. The section states that whoever, being husband or the relative of the husband of a woman. The punishment for cruelty is imprisonment which may extend up to 3 years and a fine.

The cruelty that this section aims to combat is one that puts the woman in danger. The danger could be economical, physical, mental; that is, anything that hampers the dignity of the woman and restricts her rights. Even harassment by way of vexatious litigations or extra-marital affairs fall under the ambit of cruelty.

Section 498A being criminal in nature is often used as a deterrent for any offenders falling under its ambit. The burden of proof in a 498A lies on the respondent, that is, the husband and his relatives. It provides an umbrella of relief to the aggrieved woman which safeguards her dignity as well as her rights.

 

How to file a complaint u/s 498A or a complaint for domestic violence?

• A complaint may be instituted by the above mentioned persons in the police station or in the Crime against Women Cell who will then make an investigation in the matter and report the facts to court which will then takes cognizance of the matter. (Cognizance means notice or knowledge upon which a judge is bound to act)
• A complaint may be filed in the court of the Metropolitan Magistrate or the Magistrate of the first class by the following:
• The person aggrieved of the offence, parent or any other relative of such person or by a recognised welfare institute or organisation
• The Metropolitan Magistrate or the Magistrate of the first class may take cognizance himself if such facts come to his own knowledge.
• A complaint may be filed under the Indian Penal Code for cruelty by husband or relatives of husband.

 

Things to Keep in Mind while filing a complaint:

1. Enlist the events of the abuse in chronological order in a manner in which one might not forget the details at a later stage.
2. Being descriptive is a necessity, the police officers need all relevant information in order to offer optimum assistance,
3. Medical reports are equally important including the names of the people who have witnessed the instances of abuse.
4. It is pertinent to act fast, the chain of events followed will bear quick results.
5. It is helpful to have a copy of the complaint and to remember the details of the complaint.
6. Once the complaint has been written down, it is necessary to read the complaint before endorsing the same with your signatures.

 

Helpline Numbers available for Aggrieved Persons/ Victims of Domestic Violence

Multiple Action Research Group (MARG)	(011) 26497483 / 26496925
Delhi Police HELPLINE	1091
National Human Rights Commission	(011) 23385368/9810298900
Women’s Cell, Delhi Police	(011) 24673366 / 4156 / 7699
Counselling Services on Women in Distress – Organised by Delhi Police	3317004
Delhi Commission for Women	(011) 23379181/ 23370597
Human Rights Law Network runs Madhyam Helpline and provide Legal Services	(011) 24316922/ 24324503
Lawyers Collective Women’s Rights Initiative LC WRI runs a pro bono legal aid cell for domestic violence cases	(011) 24373993/ 24372923

 

 

Frequently Asked Questions

1. What actions/treatment qualify as domestic violence?

Any act that endangers a woman physically, sexually, mentally, emotionally, economically or verbally constitutes as abuse.

2. Is only abuse by the husband considered as abuse?

If the abuse faced by the woman is at the hands of the relatives of the husband or by any member of a shared household or in relationships that are like marriage (live-in relationships); it does fall under the ambit of domestic violence.

3. Do minor children come under the ambit of domestic violence?

The Protection of Women Against Domestic Violence Act, 2005 does include minor children (children under the age of 18) under the ambit of domestic violence. A mother/guardian of the child facing abuse is entitled to file a complaint on his/her behalf.

4. What happens to the custody of children in terms of a domestic violence complaint?

In terms of a domestic violence complaint, the woman has complete custody of the children and visiting rights may be extended to the respondent.

Recording Video or Audio of a person is an offence against the Right to privacy, a fundamental right under Article 21 of Indian Constitution. Law does not permit any person to video or tape record another person without his or her consent using camera, mobile or any other device as this is the infringement of privacy. Supreme Court in Justice K. S. Puttaswamy (Retd.) and Anr. Vs. Union Of India And Ors., (2017) 10 SCC 1, held that “Right to Privacy” is a fundamental right under Article 21 of Indian Constitution and it prohibits video-recoding any person without consent. A legal complaint can be made against the offender. However this right is not absolute but is subject to certain exceptions.

Section 509 IPC bars the use of any video recording of a women in some circumstances as it states that Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.

Section 354D IPC also provides that any man who-

(A) Follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or

(B) Monitors the use by a woman of the internet, email or any other form of electronic communication,

commits the offence of stalking and is punishable with, on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. However such conduct shall not amount to stalking if the man who pursued it proves that:

1. It was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted        with the responsibility of prevention and detection of crime by the State; or
2. It was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
3. In the particular circumstances such conduct was reasonable and justified.

So all these law restricts the activities of privately recording any person without his or consent.

Recently Punjab & Haryana High Court in Neha vs. State of Haryana & Ors on 1 june 2020, while deciding child custody held that an undercover conduct of husband to record private spousal conversation without knowledge of the other is an infringement of privacy and can hardly be appreciated as an evidence. Such stealthy conduct does not support his case in respect of welfare and interest being better looked after by him alone, by depriving the mother of custody of her daughter and/ or depriving the daughter of her biological/ natural needs which a mother can only provide, and granted custody to the mother.