How Can a Victim of Domestic Violence Seek Legal Protection and Financial Relief in India?

Introduction

Steps have been taken to tackle domestic violence in India, which remains widely prevalent and underreported across all socio-economic and caste backgrounds. To deal with the limitations of existing criminal law, the Protection of Women from Domestic Violence Act, 2005 (PWDVA), was enacted to create a protection regime after the consideration of survivor support, protective services, rehabilitation, and financial assistance. The Bhartiya Nyaya Sanhita, 2023 (BNS) replaces the Indian Penal Code, and the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaces the Criminal Procedure Code, both allowing for criminal prosecutions at the same time as allowing for maintenance claims. Together, these laws establish a protection framework that includes civil and criminal justice for survivors.

Understanding Domestic Violence under the Law

The PWDVA in Section 3 has an extensive definition of "domestic violence," including not only assault but sexual, verbal, emotional, and financial abuse as well. The broad definition underscores the multifaceted nature of domestic violence, which frequently extends beyond the physically defined abusive relationships. Additionally, the PWDVA provides protection for women who are not in a legal marriage but who are in a live-in relationship as though it were a marriage, and the Supreme Court in Indra Sarma v. V.K.V. Sarma (2013) confirmed that a live-in relationship is a relationship in the nature of marriage for purposes of this Act and thus affords protection for women in such arrangements.

Civil Protection under the PWDVA

The PWDVA explores civil remedies for survivors' safety and dignity. Section 17 allows women in a domestic relationship the right to remain in the household regardless of who is the owner of the property. Protection orders (s.18) may be issued to prohibit future violence, and residence orders (s.19) may be issued to prevent that survivor's eviction from the home, which may include placing the abuser in a new residence. Financial relief claims can also be made for a survivor's medical expenses, loss of income, and a claim for maintenance under s.20. Section 21 includes temporary custody orders for children; s.22 includes awards for pain and suffering (mental and emotional efficacies); courts may also order urgent and temporary orders under s.23. Non-compliance with an order of the PWDVA is a crime under s.31 but puts the order into the realm of enforceability.

Role of Protection Officers and Service Providers

The PWDVA establishes sound support structures through its protection officers (Section 8) and service providers (Section 10). Protection officers will be assigned by the state to assist survivors with applications and prepare a Domestic Incident Report (DIR) along with accommodation or medical assistance. Service providers, including NGOs and social workers, are designated entities that offer legal assistance, counselling, and rehabilitation. This procedure ensures that survivors, who are often in an unsafe situation, are not solely obligated to request an approach to the courts.

Financial Relief Available to Survivors

Financial dependence can often be the reason women remain in abusive relationships, but legal provisions can change that. For example, Section 20 of the PWDVA addresses compensation for medical expenses, loss of wages, and property damage and can provide relief in compensation for maintenance. The Supreme Court in Juveria Abdul Majid Khan Patni v. Atif Iqbal Masoori (2014) judgment established that the monetary relief recommended under the PWDVA is in addition to any other entitlement by law for maintenance. Section 144 of the BNSS (which replaces Section 125 CrPC) has provisions for maintenance for wives, divorced women, children, and parents and can provide summary proceedings for immediate relief. This means that survivors can seek relief under the PWDVA as well as BNSS Section 144, and as with any ongoing management of this, courts ensure that there are no double benefits received, but what it does mean is that the survivor has the option for some of the measures that will provide short and long-term financial relief.

Criminal Liability under the BNS

Although there are civil remedies available under PWDVA, the Bhartiya Nyaya Sanhita, 2023 holds offenders liable for criminal acts involving cruelty. For instance, Section 85 creates a crime for any cruelty perpetrated by a husband or relatives of a husband. Section 86 defines cruelty as actions intended to drive a woman to suicide or inflict severe injury, including harassment in connection with dowry demands. These provisions replace the previous Section 498A of the IPC which was critical in addressing domestic cruelty and meant to bring the law and police support to survivors. Survivors can begin a criminal process by filing a First Information Report (FIR) at the nearest police station, and this will begin a formal process against the abuser. Critically, the criminal process may coexist with civil remedies under the PWDVA, thereby providing complete avenues for protection and deterrence.

Key Judicial Developments

Indian courts have been proactive in interpreting and expanding the definition of domestic violence laws. In Hiral P. Harsora v. Kusum Narottamdas Harsora (2016), the Supreme Court removed the term "adult male" from the definition of "respondent," and held that a woman, like a mother-in-law, could also be held as a respondent. The cases of Indra Sarma, Satish Chander Ahuja, and Juveria Abdul Majid Khan Patni highlight the supportive interpretation offered by the judiciary in the best interests of survivors under the Act.

Practical Steps for Survivors

A survivor of domestic violence may firstly be in contact with a Protection Officer or, cab service provider or file directly to the Magistrate under Section 12 of the PWDVA. If she needs to be safe now, she can ask for temporary or ex parte orders under Section 23. She must assert her right to stay under Section 17 and apply for a residence order under Section 19. In parallel she can also ask for monetary relief under section 20 PWDVA and maintenance under BNSS section 144. If the domestic violence also falls into the category of cruelty under BNS sections 85/86, she should then make a complaint with the police. Survivors should keep their evidence, such as medical records, pictures, messages, witness statements, etc. Courts can be asked to hold private proceedings under section 16 of the PWDVA if the survivor requires privacy.

Conclusion

The Indian legal system has a good mechanism to protect and provide financial relief to domestic violence survivors. The PWDVA provides civil redress in the form of safety, housing, and direct cash relief. The BNSS offers a monthly allowance, if needed, while the BNS also allows a spouse's or in-law's violent action (criminal relief where a spouse, usually the husband, is an abuser) to be prosecuted. Judicial decisions have interpreted the PWDVA and BNSS protection and direct cash relief laws in a manner favorable to survivors, ensuring survivors have access to justice.

Moreover, survivors are not required to choose between civil protection, financial relief, and criminal charges; they can pursue all options at the same time with the help of Protection Officers, service providers, and the courts.