Domestic violence Bill - Dowry Law Misuse(IPC 498A) By Indian Women.

Know Your Rights

Laws against DomesticViolence and Abuse

What is Domestic Violence Bill ?

A Domestic Violence Bill is a Bill that provides all women in the domestic relationship, whether marriage or live-in, a right to seek legal action against her male partner if she perceives her male partner's conduct is a form of domestic violence. If the complaint is lodged, a protection officer, predominantly a female, will pass restraining orders and give a second chance to reconcile. If the woman complains yet again, the male partner, irrespective of his family background and social status, will be convicted with one year imprisonment and fine of Rs. 20,000/- without any further enquiry.

What are the forms of Domestic Violence Bill ?

A The various forms of Domestic Violence are as follows:

(a) harms or injures or endangers the health, safety, life, limb or wellbeing, whether mental or physical, of the aggrieved person (woman) 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 (woman) with a view to coerce her or any other person related to her to meet any unlawful demands for any dowry or other property or valuable security; or

(c ) has the effect of threatening the aggrieved person (woman) 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 (woman).

Does the Domestic Violence Bill protect men ?

A The Domestic Violence Bill does not protect men.

In what ways this Bill is bad for men ?

A Firstly, it does not provide any legal protection to men. Only women have the right to complain and seek legal action against their male partner. Even if the male partner is a victim of domestic violence, he has no right to complain. When the woman will complain of domestic violence, prima facie, the complaint will be treated as true and genuine. It will be the responsibility of the accused, the male partner, to prove his innocence. After the first complain, the Protection officer will issue a final warning after which the male partner could be imprisoned for one year if the woman decides to complain again. After the first complaint, the male partner will be under constant threat of getting convicted and will do anything the woman tells him to do.

Mental harassment is a relative term. Even if the male partner hasn't harassed the woman, she has the right to accuse the male partner of domestic violence. Harassment is defined here from the woman's point of view only. Just a mere petty argument within a relationship, which is an acceptable and general phenomenon, can be called harassment. If the male partner is cruelly nagged and decides to defend himself, the conduct of the male partner will be treated as a form of domestic violence, which will be a punishable crime. Women's vicious nagging has drove thousands of men to commit suicide. In one year, 22,000 men are committing suicide only because of women's atrocities, and the figures are increasing. A male partner not living on the woman's terms, the male partner will be accused of committing a crime. Whatever the woman says, the male partner has to do it. If you don't do what the woman says, you will be punished legally. Be henpecked or be handcuffed.

Economic abuse is a relative term. If a male partner refuses to pay exorbitant monetary demands of the woman, she can accuse him of domestic violence. Not meeting her extravagant monetary demands is a punishable crime. She can demand any amount of money, and refusing her, will invite legal action. Her extortion is legal after this Bill. When any property is held by the male partner and if the woman has any "interest" in the property, the woman has to right to demand what she wants and not giving her will invite imprisonment.

Verbal and emotional abuse is a relative term. A male partner if resists of getting brutally nagged by the woman, he will be accused of subjecting the woman to verbal and emotional abuse. A woman is free to abuse their male partner verbally and emotionally. But for the male partner to even defend himself, it is a crime. If a male partner decides to answer back, he is committing a crime. Lack of unconditional obedience from the male partner is a punishable crime.

If the male partner requests to the woman to make love when the woman is not in the mood, the male partner is committing a crime. If the woman demands sex from the male partner and he refused because he is not in the mood, the male partner is said to be sexually abusing the woman. The male partner must satisfy the woman sexually as and when she likes it. When the woman is not interested in having sex with him or forces him to have sex with her when he doesn't want to, the male partner cannot complain of sexual abuse.

In every possible ways, the male partner can be legally controlled by the woman. Not allowing the woman to control the male partner, the male partner is committing a legal crime according to this Bill. The male partner will be arrested if he slightly deviates from the command given by the woman. Even if the male partner has ended the relationship with a woman in the past, the woman can still dig out the grave and complain against the male partner of domestic violence, which is usually done to take revenge. Since the protection officer will be a female, the male partner will be threatened of imprisonment if he does not do what his female partner tells him to do.

Only married men are in danger ?

A No. Domestic Violence Bill extends to live-in relationships too. This also includes relationship between girlfriend and boyfriend.

What are the precautions a man can take ?

A There are no precautions. One, who has the eye of reasoning the legal phrases used in Domestic Violence Bill, will understand that is bill is all-inclusive and comprehensive, and there is no escape. It is highly impressively drafted which displays cruel intent and malicious design of the women organizations. Perhaps a team of female legal experts have work very hard to draft such a all-inclusive law to totally paralyze men legally. This Bill has been formed considering every possible situation present in the society. There are absolutely no loopholes left for male partner to escape even if he is innocent. This isn't a protective law; this is a license to destroy men.

What can a man do to protect himself ?

A There are two ways. Male partners could either live their life as per the woman's terms and do as she says, or remain single.

What specific provisions of law deal with domestic violence?

In 1983, domestic violence was recognised as a specific criminal offence by the introduction of section 498-A into the Indian Penal Code. This section deals with cruelty by a husband or his family towards a married woman. Four types of cruelty are dealt with by this law:

conduct that is likely to drive a woman to suicide,

�conduct which is likely to cause grave injury to the life, limb or health of the woman,

�harassment with the purpose of forcing the woman or her relatives to give some property, or

�harassment because the woman or her relatives is unable to yield to demands for more money or does not give some property.

The punishment is imprisonment for upto three years and a fine. The complaint against cruelty need not be lodged by the person herself. Any relative may also make the complaint on her behalf.

What are the forms of "cruelty" recognised by the Courts ?

a) Persistent denial of food,

b) Insisting on perverse sexual conduct,

c) Constantly locking a woman out of the house,

d) Denying the woman access to children, thereby causing mental torture,

e) Physical violence,

f) Taunting, demoralising and putting down the woman with the intention of causing mental torture,

g) Confining the woman at home and not allowing her normal social intercourse,

h) Abusing children in their mother's presence with the intention of causing her mental torture,

i) Denying the paternity of the children with the intention of inflicing mental pain upon the mother, and

k) Threatening divorce unless dowry is given.

What is a "matrimonial home"? What rights do women have in their matrimonial home?

The matrimonial home is the household a woman shares with her husband; whether it is rented, officially provided, or owned by the husband or his relatives. A woman has the right to remain in the matrimonial home along with her husband as long as she is married, though there is no definite law regarding this right. If a woman is being pressurised to leave the matrimonial home, she can ask the Court for an injunction or "restraining order" protecting her from being thrown out. This can usually be obtained quite easily. It is generally advisable not to leave the matrimonial home; it is easier to get a court order preventing a woman being thrown out than to get an order enforcing her right to return to it once she has left or been thrown out.

What is an 'Injunction' and how does it apply to domestic violence cases?

An injunction is a court order directing a person to do or not to do something. A woman has a lot of flexibility regarding what she can request the Court to order. For instance, if she is being stalked by somebody (including her husband), she can obtain injunctions against the person coming near her home or place of work, or even telephoning her.

What can be done in the case of dowry-related harassment or dowry death?

Section 498-A of the Indian Penal Code covers dowry-related harassment. As with other provisions of criminal law, a woman can use the threat of going to court to deter this kind of harassment. The Indian Penal Code also addresses dowry deaths in section 304-B. If a woman dies of "unnatural causes" within seven years of marriage and has been harassed for dowry before her death, the Courts will assume that it is a case of dowry death. The husband or in-laws will then have to prove that their harassment was not the cause of her death. A dowry death is punishable by imprisonment of at least seven years.

When filing an FIR ( First Hand Report), in a case where a woman is suspected to have been murdered after a history of torture due to dowry demands, the complaint should be filed under section 304-B rather than under section 306, which deals with abetment to suicide. Section 306 should be invoked when a woman commits suicide because of dowry-related harassment.

Can you refuse to have sex with your husband? Is there a law on marital rape?

Since India does not have a law on marital rape, even if a woman's husband has sexual intercourse with her without her consent, he cannot be prosecuted for rape. However, excessive and unreasonable demands for sex, or demands for unnatural sex have been considered forms of cruelty and may entitle a woman to a divorce.

If a woman is judicially separated, her husband cannot have sexual intercourse with her without her consent. If he does, he can be prosecuted under section 376-A of the IPC. Note that consent under pressure (e.g. because of threats to injure or to stop paying maintenance) is not considered valid.

What can a woman do to prevent domestic violence?

One option is to get the woman's husband to execute a "bond to keep peace", or a "bond of good behaviour" through the Executive, Magistrate who can order the husband to put a stop to domestic violence. The husband can also be asked to deposit securities (i.e. money or property) that will be forfeited if he continues to act violently.

Distinction between Civil and Criminal Law

The distinction between civil and criminal law is a basic part of the Indian legal system. Civil laws deal with the rights and obligations of people and what is needed to protect them, while criminal law deals with offences and their punishment. In a criminal offence, the State takes upon itself the responsibility to investigate and collect evidence (through the police), to fight the case in court (through a public prosecutor) and enforce the punishment. Robbery, murder and kidnapping are examples of criminal offences. Criminal offences are dealt with by the Indian Penal Code (IPC).

The procedure by which a criminal trial is conducted is quite different from the processes involved in a civil trial. An important difference is that the "standard of proof" required in criminal cases is much higher than in civil cases. Since criminal law is centrally linked with issues of punishment, allegations and facts must be proved "beyond reasonable doubt", so that innocent people are not punished. In civil cases, the courts scrutinise the "balance of probabilities" before deciding in whose favour to make a judgement.

However, there are some situations in which both civil and criminal law apply. Inflicting physical violence on a wife or daughter-in-law as well as subjecting her to cruelty-physical, mental or emotional-in a marriage is not only a civil offence and provides ground for divorce (a "matrimonial offence"), but is also a criminal offence under the Indian Penal Code, for which a person can be imprisoned. The laws dealing with marital abuse have been made very stringent through amendments in the Indian Penal Code and the Evidence Act.

Note: In the recent years, there have been lots of complaints and allegations regarding the abuse and misuse of these laws by unscrupulous families and the inability of genuine victims of violence to get redressal despite such strong laws in the woman's favour. A detailed account of why and how these laws lend themselves to abuse and why victims don't get justice, is available in the article:"Laws against Domestic Violence : Underused or Abused?" in

The Bill defines domestic violence "as any act, omission or conduct which is of such nature as to harm or has the potential of harming or injuring the health, safety or well being of a women. Such violence could be physical, sexual, verbal, mental or economic."

It protects a person against violence in a domestic relationship i.e. a relationship either by marriage or birth or consanguinity or custom or cohabitation.

She can approach the Court by filling a petition listing out the details of her case and asking for the orders that would protect her from violence. She can obtain an order even in a pending suit or criminal case such as divorce case or a criminal case of cruelty. The person aggrieved can insist that a court while granting bail to the respondent impose conditions, which would protect her from violence. If for any reason she is unable to move the Court, a petition may be brought by a person authorized by her or an NGO or a protection officer.

By a Residence order, the Court may pass orders in relation to the "shared household" such as:

A Monetary Relief order entitles the person aggrieved to meet the expenses incurred by her in meeting her needs and the needs of her children, if any including money to meet:

An order is valid for two years and may be renewed thereafter. Breach of an order is a cognizable and non-bailable offence punishable with imprisonment upto three years or fine, which may extend to Rs. 20,000 or both.

Such offence may be tried by the Court which had passed the orders whose breach is alleged.

The Protection Officers and Accredited Service Providers .The former shall be in charge of coordinating the responses of the police and various registered service providers such as shelters, hospitals, counselling centres, rehabilitation centres and legal aid offices. The State shall frame rules for the accreditation of these service providers.

The person aggrieved can file a petition where either she or the respondent resides or where she suffered the domestic violence.

The Bill provides for mandatory counselling of the respondent and even joint counselling with the person aggrieved if she is agreeable.

An Act to address domestic violence and in particular to empower courts to grant protection orders to victims of domestic violence.

WHEREAS it is necessary to recognise the right of women to protection against domestic violence and to reside in their shared household and towards that end to put into place a coordinated and integrated system of responses;

BE IT THEREFORE ENACTED by the Parliament in the ________ year of the Republic of India, as follows: -

a) "accredited service providers" means governmental, non-governmental, voluntary and charitable associations or institutions providing medical, shelter homes, Counseling, legal and financial or other assistance to victims of domestic violence and are registered with the state government under the provisions of this Act;

b) "court" means any court established under the provision of the Family Courts Act 1984 or where no such court exists, the principal civil court of original jurisdiction or any court or lok adalat which the State Government may, by notification in the matters specified hereunder and includes any court competent to deal with all or any of the matters specified hereunder and includes any court in which a petition may be made under section 8 of the Act;

c) "child" includes any biological, adopted, step, or foster child, or any other minor i.e. below the age of 18 years, in the care or under the guardianship of the respondent.

d) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in the shared household, in any of the following ways:

i) they are or were married to each other , including marriage according to any law , custom, religion or usage;

ii) they cohabit or have at some stage cohabited together in a common law marriage;

iii) they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.

e) "domestic violence" means any act, omission or conduct which is of such a nature as to harm or injure or has the potential of harming or injuring the health, safely or well-being of the person aggrieved or any child in the domestic relationship and includes physical abuse, sexual abuse, verbal and mental abuse and economic abuse.

i) "Physical abuse or a threat of physical abuse" includes any action or conduct which is of such a nature as to cause bodily pain, harm or danger to life, limb, or health or impair the health or development of the person aggrieved, and includes assault, criminal intimidation and criminal force.

ii) "Sexual abuse or a threat of sexual abuse" includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of the person aggrieved and includes sexual intercourse against the will or without the consent of the person aggrieved and refusal to co operate in contraception when the person aggrieved may reasonably required. Provided that where the person aggrieved is below the age of sixteen, any sexual intercourse, whether or not against her will or against her consent shall amount to sexual abuse;

iii) "Sexual abuse" of a child, includes any action or conduct of a sexual nature that abuses, harms, or violates a child in a domestic sphere.

a) Insults, ridicule, humiliation, degrading or name calling, including insults, ridicule or name calling specially with regard to not having a child or a male child, or:

b) Repeated threats to cause physical pain to any person in whom the person aggrieved is interested.

a) deprivation or threatened deprivation of any or all economic or financial resources to which the person aggrieved is entitled under law or custom whether payable under an order of court or otherwise or which the person aggrieved requires out of necessity, including but not limited to household necessities for the person aggrieved and her children, if any, stridhan, payment of rental related to the shared household;

b) disposal or threatened disposal of household effects, any alleviation of assets whether moveable or immovable, valuables, shares, securities, bonds, etc., or other property in which the person aggrieved has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the person aggrieved or her children; or,

c) prohibiting or restricting continued access to resources or facilities which the person aggrieved is entitled to use or enjoy by virtue of the domestic relationship;

f) "monetary relief" means any woman or child who is or has been in a domestic relationship with the respondent and who has been subjected to acts of domestic violence.

g) "person aggrieved" means any woman or child who is or has been in a domestic relationship with the respondent and who has been subjected to acts of domestic violence.

h) "petitioner" means any person who makes a petition under Section 8 of this Act;

j) "protection officer" means prescribed by or under this Act or rules made hereunder;

m) "respondent" means a person who is or has been in a domestic relationship with the person aggrieved or a person who is aiding such a person in committing or threatening to commit domestic violence and against whom the person aggrieved has sought or has obtained a protection order.

n) "shared household" means a household where the person aggrieved and the respondent live or have, at any stage lived together while in a domestic relationship and includes property, including tenements, in respect of which either the person aggrieved or the respondent or both jointly have any right, title, interest or equity and includes property which may belong to the relations of the person aggrieved or the respondent or the joint family of which the respondent is a member;

3. Right to reside in a shared household and the right to protection against violence.

a) Notwithstanding any other law in force, every person aggrieved shall the have right to reside in the shared household.

b) The person aggrieved, if occupation of the shared household, shall have a right not to be evicted or excluded from the same or any part of it by the respondent save in accordance with the procedure established by law.

c) The person aggrieved, if not in occupation of the shared household, shall have a right, to enter into and occupy the same.

d) Notwithstanding any other law in force, every person aggrieved has a right to obtain protection against domestic violence under this Act in the form of a protection order and/or a residence order and/or an order granting monetary relie.

4.Duty to inform person aggrieved of rights- A police officer or a protection officer who has received a complaint of domestic violence or is otherwise present at the scene of an incident of domestic violence or when the incident of domestic violence is reported to him, shall -

a) Inform the person aggrieved of her right to apply for and obtain a protection order, an order for monetary relief and/or a residence order under the provisions of this Act.

b) inform the person aggieved of the services of accredited services of accredited service providers; and

c) Inform the person aggrieved of her right to free legal services under the Legal Services Authorities Act, 1987.

Provided that nothing in this Act shall be construed in any manner as to relieve a police officer from his duty to proceed in accordance with law upon receipt of information as to the commission of a cognizable offence.

c) The respondent shall pay monetary relief to the person aggrieved within the date specified in the order made in terms of sub-section(a) and in accordance with the terms there.

d) The protection officer may, upon the failure on the part of the respondent to make payment in terms of sub-clause by an order, direct an employer or a debtor of the respondent, to directly pay to the person aggrieved or to deposit with him a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent.

e) An order made under this section may, at any time, be altered modified, varied or revoked on an application by either the person aggrieved or the respondent, provided the court is satisfied that there is a change of circumstances that requires such alteration, modification, variation or revocation.

i) Enforce the entitlement of the person aggrieved to remain in occupation as against the respondent;

ii) Require the respondent to permit the person aggrieved to enter and remain in the shared household or part thereof;

iii) Prohibit, suspend or restrict the exercise by the respondent of his right to occupy the shared household;

iv) Restrain the respondent from dispossessing the person aggrieved from the shared household;

v) Restrain the respondent from alienating or dispossessing the shared household or encumbering the same;

vi) Restrain the respondent from renouncing his rights in the shared household except in favour of the person aggrieved; or

vii) Direct the respondent to secure alternate accommodation for the person aggrieved or to pay rent for the same, if for sufficient reasons, the court is of the opinion that it will be harmful or injurious for the person aggrieved to live with the respondent in the shared household, having regard to the circumstances of the case.

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

8. Petition Any person aggrieved may apply to the court for appropriate relief against domestic violence in a form prescribed.

9. Particulars of the petition - Ordinarily, the petition, accompanied by an affidavit must contain the following particulars

(d) the name of the police stations at which the person aggrieved is likely to report any breach of the order.

Notwithstanding the provisions of any other law, the petition may be brought on behalf of the person aggrieved by any other person, provided that the petition must be brought with the written consent of the person aggrieved. Provided further that such written consent would not necessary in circumstances where the petitioner is an accredited service provider or a protection officer or where the person aggrieved is

(b) suffering from a mental disorder of such nature and to such an extent that the she cannot reasonably be expected to apply by herself;

(f) An accredited service provider or a protection officer shall be entitled to appear before the Court and address the same if such accredited service provider is a petitioner or where the petitioner authorizes the accredited service provider.

11. Orders during court recess-A petition under Section 8 of this Act may be brought before the court at anytime. Provided that when a petition is made at any time outside ordinary court hours or on a day that is not an ordinary court day when the court is not in session, the Duty Magistrate shall pass the necessary protection orders as provided in Sec. 5, 6 and 7 of this Act and the same may be confirmed by the court upon resumption of work within 72 hours.

Provided however if no Duty Magistrate is available the protection officer shall entertain such a petition and shall, if he is satisfied, pass a protection order subject to conformation within 48 hours by the court.

(a) Relief available against domestic violence, under this Act, may also be sought in any legal proceeding, civil or criminal, affecting the person aggrieved and the respondent whether or not such proceedings was initiated before the commencement of this Act.

(b) During the tendency of investigations in relation to commission of offences mentioned in Schedule 1, a competent court may upon a petition in that behalf grant the orders mentioned in Sec.5 6 and 7 of this Act, as a condition of release on bail of the respondent.

(c) Such order may be sought in addition to and along with any other relief that the person aggrieved may pray for in such suit or legal proceedings, civil or criminal.

(a) In any proceeding before it under this Act, the Court may pass such interim order as it deems just and proper.

(b) If a court is satisfied that a petition prima facie discloses that the respondent is committing, or has committed an act of domestic violence, it may grant an expert order under sections 5, 6 and or 7 against the respondent, in a form as may be prescribed under the rules.

14. Single acts or condonation- The court shall not refuse to grant a protection order merely on the basis that:

(a) Only a single act of domestic violence has been committed or a single threat has been made by the respondent or on the basis that the acts or threats if viewed in isolation, appear to be minor or trivial.

(b) The person aggrieved had not complained of the acts of domestic violence and had condoned the same.

15. Custody of children- notwithstanding any other law in force, the court may, at any stage of the bearing of the petition for protection order, grant temporary custody of any child or children to the person aggrieved and specify, if necessary, arrangements for visitation by the president.

Provided that in any case where a complaint of sexual abuse of a child has been made, and the court is prima facie satisfied that such allegations is true, the court shall grant custody to the person aggrieved and no such order for arrangements for visitation by the respondent shall be made.

16. Notice to show cause-The Court shall issue notice to the Respondent to show cause within the time as may be prescribed why an order under section 5, 6 and/or 7 should not be granted or if granted under Section 13 why the same should not be confirmed.

(a) An order under sections 5, 6 and 7 shall operate for a period of 2 years and may, on application by the person aggrieved, be extended for a further period.

(b) An order made under this section may, for exceptional circumstances to be recorded in writing, be altered, modified, varied or revoked on an application by either the person aggrieved or the respondent provided the court is satisfied that there is a change of circumstances that requires such alteration, modification, variation or revocation.

18. Appeal- notwithstanding anything contained in the Code of Civil Procedure, 1908 or in the Code of Criminal Procedure, 1973 or in any other law, an appeal shall lie from every judgement or order of the court, not being an interlocutory order, to the High Court both on facts on facts and law.

19. Breach of an order- A breach of an order made under Section 5, 6, 7 and 13 and or 16 shall be an offence and shall be punishable with imprisonment which may extend upto 3 years or with fine which may extend upto Rs.20, 000 or both.

b) The court may conclude the commission of an offence under Section 18 upon the sole testimony of the person aggrieved.

21. Powers of the court in relation to offence- The court passing an order under Section 5, 6, 7 or 13 shall have the power to try offences punishable under this Act.

22. Offence by a public servant- If any public servant refuses or without sufficient cause is unable to arrest the respondent upon a complaint of an offence under Section 18 made by the person aggrieved in the prescribed format, he shall, on conviction, on a complaint made by the person aggrieved, be punished with fine which may extend to Rs.5,000/-.

Provided that no Court shall take cognizance of an offence under this section save with the permission of the state government.

23. Appointment of Protection Officers- The State Government shall by notification in the official gazette, appoint such number of Protection Officers in each district as it may consider necessary, to assist the court in the discharge of its duties under this Act.

24. Powers of Protection Officers- A Protection Officer shall exercise the power conferred on him by or under this Act and shall be entitled to appear in any proceeding under this Act.

For the purposes of exercising such powers and performing such duties a Protection Officer may, at any time, enter and inspect-

a) Any shared household in respect or which a complaint of domestic violence has been received.

b) Any premises from where the "stridhan" or other property of the person aggrieved is to be recovered.

a) The Protection Officer shall be under the control of the Court, and shall and perform duties imposed on him by the Court and by this Act.

b) It shall be the duty of a Protection Officer to assist the Court in the investigation of complaints relating to domestic violence.

c) In addition to the above the Protection Officer to assist the Court in the investigation of complaints relating to domestic violence-

i) Make a Domestic Incident Report in the prescribed form upon receipt of a complaint of domestic violence.

ii) Inform the person aggrieved of her right to apply to the court for a protection order, monetary relief and/or a residence order under the provisions of this Act.

iii) Assist the person aggrieved in obtaining a protection order from the Court.

iv) Ensure that the monetary relief deposited by the respondent is made available to the person aggrieved at the earliest.

v) Coordinate the activities of the accredited service providers operating in his area.

d) The protection officers shall make best efforts to ensure that the activities of the police and the accredited service providers are so coordinated as to ensure that a person aggrieved:

i) has easy access to information about accredited service providers, including short stay homes in the area that may provide her with support and help that she may require and enable access to services of the accredited service providers;

ii) is easily able to access transportation to an alternative residence or a safe place of shelter if the person aggrieved so requires; iii) is able to avail of transportation to the nearest hospital or medical assistance for the treatment of injuries if such assistance is required; iv) is able to obtain assistance in the collection of her belongings, including stridhan, with the assistance of the police; v) is able to access the Court for orders under this Act;

vi) has access to every possible assistance in the service of expert orders to the respondent, and enforcement of any orders that may have been made by the court under this Act.

e) A protection officer may, by an order in writing, authorize an accredited service provider to exercise any or all of his functions provided however that such order must clearly specify the purpose for which it is being made, in respect of whom/what the order shall operate and the period for which it shall operate, as provided in the prescribed form.

f) Notwithstanding anything in any law, the protection officer may, subject to confirmation by a Court within 48 hours, by an order:

i) Direct a bank or a financial institution to suspend transactions in respect of any bank account or locker; or

ii) Prohibit a cooperative society or a registry or any authority or an individual or a company from registering a transfer of any share, right or interest in any moveable or immovable property. Chapter VI Miscellaneous provisions.

a) Jurisdiction to grant a protection order and/or try offences under this Act lies with any court, within whose jurisdiction

i) the person aggrieved permanently or temporarily resides, carries on business or is employed; or

27. In camera proceedings- Unless the court is satisfied to the contrary proceedings under this Act shall be held in camera. Provided however that the protection officer or the accredited service provider may be permitted to attend the same. Provided further that her relatives or friends may accompany the person aggrieved.

28. Other relief not barred- A person aggrieved shall not be disentitled or barred from claiming relief under any other law merely because she has sought protection under this Act and has initiated proceedings hereunder.

29. Non obstinate clause- The provisions of this Act and of any rules made hereunder shall have, effect notwithstanding anything inconsistent with therewith contained in any other law in force.

30. Counseling- The Court may at any stage of the hearing on the petition for a protection order direct the respondent to undergo singly or, at the option of the person aggrieved, jointly with the person aggrieved mandatory counseling with any accredited service provider.

31. Protection of actions taken in good faith- No suit, prosecution or other legal proceeding shall lie against accredited service provider or protection officer or police officer for anything, which is in good faith done or purported to be done by or under this Act.

a) Except as otherwise stated in this Act, proceedings regarding the issuance of orders and offences provided herein against the same shall be governed respectively by the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973.

b) Nothing in sub-section(a) shall prevent the court from laying down its own procedure with a view to prevent the person aggrieved from being subjected to domestic violence or to arrive at the truth of the facts alleged by one party and denied by the other.

33. Duty of government to ensure effective implementation of the Act- The Government of India, as well as the State Government, shall ensure that:

a) the Act and the contents thereof receive wide publicity in the television, radio and the print media;

b) The government officers, the police and the members of the judicial services are given periodic sensitization and awareness training on the issues addressed by this Act; and

c) Effective protocols are formulated by concerned ministries dealing with health, prosecutions and welfare to address issues of domestic violence and that the same are periodically revised.

a) The State Government may by notification in the official gazette, make rules for carrying out the purposes of this Act.

b) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-

i) prescribing the format in which the forms, petitions, orders, directions and reports under this Act would have to be made;

iii) rules and procedure for the appointment and coordination of protection officers and their duties, tasks and responsibilities; iv) powers of protection officers;

v) rules and procedure for appointment of officers to assist protection officers appointed under this Act;

a) Jurisdiction to grant a protection order and/or try offences under this Act lies with any court, within whose jurisdiction-

i) the person aggrieved permanently or temporarily resides, carries on business or is employed ; or,

Unless the court is satisfied to the contrary, proceedings under this Act shall be held in camera. Provided however that the protection officer or the accredited service provider may be permitted to attend the same. Provided further that the person aggrieved may be accompanied by her relatives or friends.

A person aggrieved shall not be disentitled or barred from claiming relief under any other law merely because she has sought protection under this Act and has initiated proceedings hereunder.

the provisions of the act and of any rules made here under shall have, effect not withstanding anything inconsistent with therewith contained in any other law in force.

the court may at any stage of the hearing on the petition for a protection order direct the respondent to undergo singly or, at the option of the person aggrieved mandatory counselling with any accredited service provider.

No suit, prosecution or other legal proceeding shall lie against any accredited service provider or protection officer ort police officer for anything which is in good faith done or purported to be done by or under this act.

a) Except as otherwise stated in this act, proceeding regarding the issuance of orders and offences provided herein against the same shall be governed respectively by the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973.

b) Nothing in subsection (a) shall prevent the court from from laying down it's own procedure with a view to prevent the person aggrieved from being subjected to domestic violence or to arrive at the truth of the facts alleged by one party and denied by the other.

a) the Act and the contents thereof receive wide publicity in the television, radio and the print media;

b) the government officers, the police and the members of the judicial services are given periodic sensitization and awareness training on the issues addressed by this Act; and

c) effective protocol are formulated by concerned ministries dealing with health, prosecution and welfare to address issues of domestic violence and the same are periodically revised.

a) the State Government may by notification in the official gazette, make rules for carrying out the purposes of this Act.

b) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for -

i) prescribing the format in which the forms, petitions, order, directions and reports under this Act would have to be made;

iii) rule and procedure for the appointment and co-ordination of protection officers and their duties, tasks and responsibilities;

v) rules and procedure for appointment of officers to assist protection officers appointed under this Act;

i) Sections 269 (negligent act likely to spread infection of disease dangerous to life), Section 270 (malignant act likely to spread infection of disease dangerous to life),

iv) Section 403 (dishonest misappropriation of property), Section 405 (criminal breach of trust),

ix) Sections 503 (criminal intimidation), 504 (intentional insult with intent to provoke breach of peace),

x) Section 507 (Criminal Intimidation by an anonymous communication) xi) Section 509 (word, gesture or act intended to insult the modesty of a woman,

iv) Offence under the Prenatal (Diagnostic Techniques Regulation and Prevention of Misuse) Act, 1994.

An Act to amend and codify the law relating to intestate succession among Hindus.

BE it enacted by Parliament in the seventh year of the republic of India as follows

(a) to any person, who is a Hindu by religion in any of its forms or developments including a Virashaiva, a Lingayat or a follower of the Brahmo, Prar-thana or Arya Samaj,

(c) to any other person who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

Explanation: The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be :-

(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;

(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged;

(2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification. in the Official Gazette, otherwise directs.

(3) The expression "Hindu" in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.

(a) "agnate"- one person is said to be an "agnate" of another if the two are related by blood or adoption wholly through males;

(b) "aliyasantana law" means the system of law applicable to persons who, if this Act had not been passed, would have been governed by the Madras Aliyasantana Act, 1949 (Madras Act IX of 1949), or by the customary aliyasantana law with respect to the matters for which provision is made in this Act;

(c) "cognate" - one person is said to be a "cognate" of another if the two are related by blood or adoption but not wholly through males;

(d) the expressions "custom" and "usage" signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family:

Provided that the rule is certain and not unreasonable or opposed to public policy;

Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family;

(i) two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife, and by half blood when they are descended from a common ancestor but by different wives;

(ii) two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.

Explanation: In this clause "ancestor" includes the father and "ancestress" the mother;

(f) "heir" means any person, male or female, who is entitled to succeed to the property of an intestate under this Act;

(g) "intestate" - a person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition capable of taking effect;

(a) who, if this Act had not been passed, would have been governed by the Madras Marumakkattayarn Act, 1932 (Madras Act XXII of 1933); the Travancore Nayar Act (II of 1100); the Travancore Ezhava Act (III of 1100); the Travancore Nanjinad Vellala Act (VI of 1101); the Travancore Kshatriya Act (VII of 1108); the Travancore Krishnavaka MarumakkathayeeAct (VII of 1115), the CochinMarumakkathayarn Act (XXXIII of 1113); or the Cochin Nayar Act (XXIX of 1113) with respect to the matters for which provision is made in this Act; or

(b) who belong to any community, the members of which are largely domiciled in the State of Travancore-Cochin or Madras [as it existed immediately before the 1st November, 1956], and who, if this Act had not been passed, would have been governed with respect to the matters for which provision is made in this Act by any system of inheritance in which descent is traced through the female line;

(i) "nambudri law" means the system of law applicable to persons who, if this Act had not been passed, would have been governed by the Madras Nambudri Act, 1932 (Madras Act XXI of 1933); the Cochin Nambudri Act (XVII of 1113); or the Travancore Malayala Brahmin Act (III of 1106) with respect to the matters for which provision is made in this Act;

Provided that illegitimate children shall be deemed to be related to their mother and to one another, and their legitimate descendants shall be deemed to be related to them and to one another; and any word expressing relationship or denoting a relative shall be construed accordingly.

(2) In this Act, unless the context otherwise requires, words importing the masculine gender shall not be taken to include females.

(a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act;

(b) any other law in force immediately before the commencement of this Act shall cease to apply to Hindus insofar as it is inconsistent with any of the provisions contained in this Act.

(2) For the removal of doubts it is hereby declared that nothing contained in this Act shall be deemed to affect the provisions of any law for the time being in force providing for the prevention of fragmentation of agricultural holdings or for the fixation of ceilings or for the devolution of tenancy rights in respect of such holdings.

(i) any property succession to which is regulated by the Indian Succession Act, 1925 (39 of 1925), by reason of the provisions contained in section 21 of the Special Marriage Act, 1954 (43 of 1954);

(ii) any estate which descends to a single heir by the terms of any covenant or agreement entered into by the Ruler of any Indian State with the Government of India or by the terms of any enactment passed before the commencement of this Act;

(iii) the Valiamma Thampuran Kovilagam Estate and the Palace Fund administered by the Palace Administration Board by reason of the powers, conferred by Proclamation (IX of 1124), dated 29th June, 1949, promulgated by the Maharaja of Cochin.

6. When a male Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this Act:

Provided that, if the deceased had left him surviving a female relative specified in class I of the Schedule or a mate relative, specified in that-class who claims, through such female, relative, the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship.

Explanation 1 : For the purposes of this section, the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not.

Explanation 2 : Nothing contained in the proviso to this section shall be construed as enabling a person who has separated himself from the coparcenary before the death of the deceased or any of his heirs to claim on intestacy a share in the interest referred to therein.

Devolution of Interest In the property of a tarwad, tavazhi, kutumba, kavaru or illom.

7. (1) When a Hindu to whom the marumakkattayam or nambudri law would have applied if this Act had not been passed dies after the commencement of this Act, having at the time of his or her death an interest in the property of a tarwad, tavazhi or illom as the case may be, his or her interest in the property shall devolve by testamentary or intestate succession, as the case maybe, under this Act and not according to the marumakkattayam or nambudri law.

Explanation: For the purposes of this sub-section, the interest of a Hindu in the property of a tarwad, tavazhi or illom shall be deemed to be the share in the .property of the tarwad, tavazhi or illom, as the case may be, that would have fallen to him or her if a partition of that property per capitahad been made immediately before his or her death among all the members of the tarwad, tavazhi or illom, as the case may be, then living, whether he or she was entitled to claim such partition or not under the marumakkattayam or nambudri law applicable to him or her and such share shall be deemed to have been allotted to him or her absolutely.

(2) When a Hindu to whom the aliyasantana law would have applied if this Act had not been passed dies after the commencement of this Act, having at the time of his or her death an undivided interest in the property of a kutumba or kavaru, as the case may be, his or her interest in the property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not according to the aliyasantana law.