Recommendations emerging from consultative meeting held on
14.08.2002 on Protection from Domestic Violence Bill, 2001
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 .
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:
Directing the husband or the relative to desist from committing any domestic
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
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.
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.
Such other matters as may be considered necessary.
The Protection Order may prohibit the respondent from
Entering the place of employment of the person aggrieved or, if person
aggrieved is a child, its school;
Entering the residence of the person aggrieved;
The Protection Order may, further
Restrain the respondent from dispossessing the aggrieved person. from the
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
Restrain the respondent from renouncing his rights in the .joint family
Restrain the respondent from removing the children from the custody of the
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.
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.
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/-.
Breach of Protection Order should be made cognizable offence;
Jurisdiction clause of the Bill also need to be considered. Following may be
added under this clause
Jurisdiction to grant protection order and/or try offences under this Act lies
with any court, within whose jurisdiction -
the person aggrieved permanently or temporarily resides, carries on business or
is employed; or.
the respondent resides carries on business or is employed; or,
the cause of action arose. ,
Any order made here in under shall be enforceable through out India.
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