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

  1. Counselling

    Provision of Counselling as mentioned under section l 1 ( I) in GOI Bill for a victim should not be mandatory. She should be counselled only when she consented for it. However, counselling should be made mandatory for the person who is an abuser .

  2. Protection Order :

    To substitute the word " or" with '.and '/ 'or' in clauses (a), (b), and (c) of sub section (1) of sec. 14 in proposed GOl Bill.

    To incorporate following provisions in Contents of Protection

    Order after section 14 (l)(a)(ii) in the proposed GOI Bill.

    Contents of Protection Order

    Protection Order may contain, among other things, the following matters, namely:

    1. Directing the husband or the relative to desist from committing any domestic violence;

    2. Directing that the wife live , separately .tram her husband, alangwith the children, if any, and the matrimonial home be given to the wife for her separate living.
      Explanation: For the purpose of this clause, "matrimonial home" means the accommodation in which the husband and the wife lived together immediately before the presentation accommodation happens to be rented or belonging to a joint family in which the husband is a member that house or part of the house.

    3. Directing the husband or relative to pay such maintenance to the wife or any children staying with her;
      Explanation: For the purpose of clause (c) relative means the person who has committed the act of domestic violence. For the removal of doubts, it is hereby declared that in the case covered under clause (c), no maintenance will be provided under any other law .for the time being in force.

    4. Such other matters as may be considered necessary.

    The Protection Order may prohibit the respondent from

    1. Entering the place of employment of the person aggrieved or, if person aggrieved is a child, its school;
    2. Entering the residence of the person aggrieved;

    The Protection Order may, further

    1. Restrain the respondent from dispossessing the aggrieved person. from the shared household.
    2. Restrain the respondent from alienating, disproval or parting the possession of the shared household or encumbering or in any manner dealing with the same," or
    3. Restrain the respondent from renouncing his rights in the .joint family property.
    4. Restrain the respondent from removing the children from the custody of the aggrieved person.

      • The court may impose any additional conditions which it deems reasonably necessary to protect and provide for the safety of the person aggrieved or any child, including but not limited to police protection when the person aggrieved visits a specified place to supervise the collection of personal property and regular police supervision.

      • While making an order under this section the court may impose on the respondent obligations relating to the discharge of rent or mortgage payments, having regard to the financial needs and resources of the parties.

      • The court shall in all cases where it has passed a Protection Order under this section, order that a copy of such order be given to the Protection Officer in charge of the area.

  3. Terms of reference of Protection Officer such as her/his role, powers, functions and appointment, etc. as given under Section 5 of GOI Bill need to be specified under the law and shall not be left to be drafted under the rules. Separate protection Officers need to be appointed for the purposes of this Act.

  4. To add the followings, under penal clause, in section 18 of the GOI Bill- "In case of the second offence the punishment may extend to twoyear, or with fine which may extend to Rs. 50,000/-.

  5. Breach of Protection Order should be made cognizable offence;

  6. Jurisdiction clause of the Bill also need to be considered. Following may be added under this clause

      Jurisdiction :

    1. Jurisdiction to grant protection order and/or try offences under this Act lies with any court, within whose jurisdiction -
      1. the person aggrieved permanently or temporarily resides, carries on business or is employed; or.
      2. the respondent resides carries on business or is employed; or,
      3. the cause of action arose. ,
    2. Any order made here in under shall be enforceable through out India.

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