Recommendations emerging from consultative meeting held on 14.08.2002 on Protection from Domestic Violence Bill, 2001


Definition :
  1. Definition of Domestic Violence as given in Government of India Bill, be substituted with the following definition :

    " Domestic Violence means any of the following acts committed on a woman by her husband or any of his or her relatives, namely

    1. any willful conduct which-
      1. is of such a nature as is likely to drive the woman out of the house or commit suicide or to injure herself, or
      2. causes injury or danger to the life, limb or health (whether mental or physical) to the woman; or
    2. harassment which causes distress to a woman; or any act which compels woman to have sexual intercourse against her will either with the husband or any of his relatives or with any other person, or
    3. any other act of omission or commission which is likely to cause mental torture or mental agony to the woman;
    4. Any willful conduct of throwing the woman out of the house,
    5. Emotional, verbal and psychological abuse,
    6. Economic abuse,
    7. Intimidation,
    8. Perception of threat and potential of being harmed,
    9. Perception of threat or potential threat to child.

  2. To delete sub section 2 of section 4) mentioned in GOI Bill, aggrieved and respondent in any of the following ways : (i) they are or were married to each other, including marriage according to any law, custom or religion; they are related by consanguinity , marriage, or through a they are related by adoption or are family members living

  3. The definition of 'aggrieved person' may be widened to include children (below 18 years) facing abuse at the hands of family members.

  4. Definition of Domestic Relationship as given below, may be incorporated in GOI Bill to clarify the confusion regarding the definition of 'aggrieved person' .

    Domestic Relationship means a relationship between the person

    1. they are or were married to each other, including marriage according to any law, custom or religion;
    2. they are related by consanguinity, marriage, or through relationship in the nature of marriage,
    3. they are related by adoption or are family members living together as a joint family; or,
    4. they are or were in an engagement, or customary relationship.

  5. After chapter II., in GOI Bill, a new chapter may be added to define Right of an aggrieved person and Petition by next friend.

    Right to reside in a shared household, right against violence and right to obtain protection orders

    1. Notwithstanding any other law in force every person in the shared household shall have a right to reside therein.
    2. Notwithstanding any other law in force every person aggrieved has a right to obtain protection against domestic violence under this Act right to obtain protection orders and emergency monetary relief

    Petition by next friend -

    1. Notwithstanding the provisions of any other law, the petition may be brought on behalf of the person aggrieved by any other person with the written consent of the person aggrieved.
    2. Provided further that such written consent would not be necessary where the person aggrieved is -

      1. A minor
      2. Mentally retarded or suffers from a mental disorder of such nature and to such an extent that cannot reasonably be expected to apply by hers,elf;
      3. Unconscious;
      4. Under the influence of intoxication or drugs to such an extent that the person aggrieved may not reasonably be expected to make the petition herself;
      5. Confined by the respondent or any other person, or
      6. Is unable to approach the court herself .for any reason whatsover.

 

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