Covid19 - Legal Remedies for Intimate Partner Violence (Domestic Violence)

Legal Remedies for Intimate Partner Violence (Domestic Violence | 498A | Divorce) 

Domestic Violence today is gender agnostic. What was once considered only women to be victims of such domestic violence today's society has accepted any intimate partner irrespective of gender and orientation can be a victim to domestic abuse. 

A multi country study conducted by UN with available sample size at 90% confidence level shows that 35% of partners have been subjected to domestic violence in some form or other by their intimate partners. 26.4% Men, 43.8% Women and 61.1% LGBTQ community reports intimate partner violence. Women and LGBTQ community has reported a higher percent of sexual and physical abuse while the Men have reported mental abuse and to a greater extent financial abuse. 

One such estimate and the study conducted in 2017 showed 57% women whose death was unnatural like death due to physical assault, accident, suicides, homicides, drowning, falls etc… had an history of intimate partner violence.

Covid19 has brought a situation where people are unable to go outside and locked down. The conflicts between intimate partners have seen raising exponentially, as the quarantine takes effect world wide the intimate partner violence is now become an “intimate terrorism” such is the term used by many experts, lawyers, counselors etc… globally … such grave is the situation today. 

Before we figured out the possible legal remedies to overcome the abuse lets define who is an Intimate Partners and what are the broad categories of intimate partner violence.

Who is an Intimate Partner ?

An intimate partner is a person with whom you have or had a close personal or sexual relationship. Such partner may be heterosexual or homosexual or of any sexual orientation. 

What is Intimate Partner Violence ?

The World Health Organization (WHO) defines intimate partner violence as "any behavior within an intimate relationship that causes physical, psychological or sexual harm to those in the relationship". The WHO also adds controlling behaviors as a form of abuse. 

What are the types of Intimate Partner Violence ?

- Physical Violence : is the intentional use of force with a potential of causing life threatening condition, disability, severe injury, grievous hurt, and the milder forms of physical abuse like scratching; pushing; shoving; throwing; grabbing; biting; choking; shaking; slapping; punching; burning etc.. .

- Psychological Violence : Acts of emotional torture, constraining and restraining someone from performing an act, curtailing the freedom, stalking, nagging, passing comments, taunting, using nonphysical form of violence, using abusive language, humiliating a person, isolation, invading the privacy, unauthorized access to passwords and social media content or private content etc…

- Financial Violence : Acts done by an intimate partner which causes severe financial threats, use of force either physical, or psychological and control another person’s finances against the will, further examples of financial abuse include steeling money or property, financial mischief, intentional fraud, Coercion to sign documents, forcefully taking away money or salary earned, misuse of possessions by intimate partner or his/her family members, control over bank transactions, credit card and debit cards, restraining some one to spend money on his/her parents, restraining one to spend money on his/her will, unpaid bills, unpaid EMIs and forcing the partner to pay, unnecessary subscriptions to various goods / services etc..

- Sexual Violence :  Use of physical force to compel a person to engage in a sexual act against his or her will, sexual violence, unnatural sexual behavior, use of drugs and substance abuse during sexual activity either by will or under coercion, use of derogatory sexual words, forcing to engage in acts of pornography, molestation, passing lewd comments etc… 

What are the Behaviors of people who are subjected to Intimate Partner Violence ?

We live in a society where only one face of a person is seen which he/she is willing the society to know and there exists a hidden life which the world is unaware. Same is the situation with people who are subjected to domestic abuse by intimate partners. 

We will have many friends who surely would have gone through such trauma but appear normal in front of all but suffer in silence, such suffering could be because either they accept that abuse is normal and that’s how the life is, or they may not know how to seek legal remedy. 

Firstly, one needs to identify if that person is suffering violence and you can play a vital role in helping such person by asking him/her if something is wrong, express concern and assurance, offer help and support, listen patiently without deducing inferences or conclusions. While you do so, never try to judge or blame the person. Here are some traits of persons who are subjected to intimate partner abuse …

- Such persons seem extremely anxious to please their partners

- Such persons are also seen visibly afraid of their partners

- They seem to agree with everything their partners tell, although it may not be by their free will

- They call their partners often to report where they are and with whom

- Visible signs of injuries and bruises may be commonly seen, and they may dress to hide them

- These people will be restricted to see the family and friends

- They rarely go out in public and especially they don’t spend money although they are capable of

- They may seek permission from their partners before spending money

- These people although be earning well will have limited or no access to Credit cards, money etc..

- Such persons will carry low self-esteem, you will see them often lost and depressed 

- Typically, an extrovert person will suddenly behave introvert and also carry suicidal tendencies

An observation that should trigger you investigate further or offer support will be when such a person talks about their partner’s jealousy or possessiveness, or even their temper.

What are the legal remedies available for persons subjected to Domestic Violence?

Indian Legal system has various legal remedies that can help the victims of domestic abuse, such laws are gender agnostic and applicable to Men, Women and persons of any gender orientation. 

Some sections in IPC that the abusers can be booked under but not limited to are Section 107, 109, 102A/B, 212, 302, 303, 304, 304B, 306, 307, 314, 323, 325, 341,342, 342, 354, 370, 376, 377, 379, 384, 406, 417, 426, 465, 496, 498, 498a, 500, 506, 511. 

There are many other legal remedies available including DV, Maintenance and Restraining Orders, every individual is unique and ever person who is subjected to abuse has a unique experience, while the sections imposed under law may be common, but the case build up is uncommon. The victim alone knows the challenges he/she has faced and only a learned counsel can understand the situations and draft the legal papers to seek the appropriate remedy. 

Such remedy the victim of intimate partner domestic violence shall receive in the form of compensation and / or punishment of the abuser which can extend from as less as 6 months and depending on the gravity of violence can also be subjected to life imprisonment. In rarest of the rarest cases where a persons modesty is outrages or the intensity of violence is such that has resulted in loss of life a death punishment also can be prayed. 

What should a person or his/her friend / relative parent does if they identify a person is subjected to intimate partner violence ?

- Talk to your friends and keep your near and dear ones appraised about the situation you are in and seek support. 

- Seek help from a Legal Practitioner to initiate the legal proceedings

- Dial emergency / SOS number and seek police intervention 

Very importantly figure out a way to get out of such relationship which is harmful in a long run. Eventually, one fine day the lockdown will end. But as the quarantine drags on, the danger appears likely to deepen. Studies show that abusers are more likely to cause severe life-threatening damage to their partners physically and mentally. 

Such abuse many not necessarily be habitual but also due to  and other variables in the wake of personal crises, including loss of jobs, financial setbacks, and other economic challenges. 

Prevention is better than cure, as you observe any change in behavior of your partner seek counselling in early stages as compared to a legal remedy after the abuse. 

Trust this information is helpful to the reader, feel free to write to me at lawyersonia@gmail.com or call +91 9845944896 and have a discussion. 

As I have mentioned earlier too, every individual is unique and his or her circumstance too is. A one to one discussion will certainly help you adapt to this changed reality and cope with the psychological effects, loneliness, build trust and improve self-esteem.

Help is just a call away … 😊 

HOW TO FIGHT FALSE DOWRY CASE FILED AGAINST MEN

 

How to File False Dowry Case

Vague allegations made against every member of the family of husband cannot be accepted by any court at their face value and the allegations must be scrutinized by the Court before framing charge.

One of the most common complaints most wives and their parents file against the husband and his parents beyond 498a is that of DOWRY

Furthermore, the intelligent ones will also produce the jewelry bills, money transactions beyond bank in CASH and much more to demonstrate DOWRY is given as and when the boy and his family asked for the same.  

On receiving a call from the Police Station the first thing the husband and his family get into a PANIC STAGE and jump into a compromise situation, anger is a common emotion and thoughts of vengeance and various emotive responses trigger.

The latest report compiled by the Ministry of Home Affairs can be accessed following the link below, the statistics of crime against women is described between Page No. 133 and Page No. 184.

http://ncrb.gov.in/StatPublications/CII/CII2016/pdfs/Crime%20Statistics%20-%202016.pdf

While the report shows approximately 5.5 Lakh cases of 498a / Dowry are registered at least 70% are acquittals and the wife is unable to prove the charges against them. It’s a misuse of the provision and many people are using this a weapon against men and their family members to settle the scores.

The men who are unable to battle such issues successfully suffer depression an also sometimes take a step of committing suicide.

While there are multiple ways to battle false case, here is one as a case study I can share with the readers of my blog post which they can successfully use.

HOW TO FIGHT FALSE DOWRY CASE

Step 1 : Face the Police without fear, you will not be arrested immediately, only after investigation the next steps will be taken by the Police. Seek intervention from a lawyer if needed.

Step 2 : If you evade the cops, the chances are an FIR will be registered against you and you may get arrested, you can exercise your right for a Anticipatory bail or get a regular bail and be prepared to file the allegations against you.

Step 3 :  Counter Attack is the best defense, in most of the cases I have seen and dealt with the charges against the husband and his family may be fabricated and the jewelry bills submitted will be false. Go back to your financial statements and make a detailed list of items exchanged as gifts, the monetary transactions occurred in Cash / Bank and keep it handy.

Step 4 :  File an RTI and get the bills the complainant has attached to support her claims. Tally them with the statements and list you have prepared to understand how far the claims are true. Also, check your wardrobes / lockers to ensure if you have them or not. Sometimes the ornaments may belong to your wife (Sthreedhan) who would have left it in the home or purchases were made either by you or her own salary. Such purchases are not terms as dowry.

Step 5 :  File an RTI and get the bills the complainant has attached to support her claims.

Step 6 :  If you happen to discover based on your homework that the bills / receipts are false, File a Sales Tax evasion petition with the Trade & Tax department. Chances are the jeweler will be subjected to inquiry and don’t be surprised he too will face the brunt of conspiring in this case

Step 7 :   Furthermore continue the attack, because attack is the best defense you can file a case of submitting false documents to the court under section 156. Not limiting here you can also file multiple cases invoking various section of IPC like 120B (Criminal Conspiracy), 191 (False Evidence), 197 (False certificate), 499/500 (Defamation), 420 (Cheating), Section 9 of CPC for damage recovery, 468, 471,474 etc.. (Forgery of documents against jeweler and other parties)

In my opinion and 12+ years of handling family matters I can broadly classify, the failure of marriage due to the following three reasons

• Infrastructure and Privacy of the couple: In India, especially the metros people living in 2BHK have hardly any privacy for their conjugal life, and the wife for sure feels uncomfortable living in a joint family which the husband needs to realize and work out a win-win plan. Staying nuclear is a good option provided one can afford. Staying in a joint family, the girl needs to be given enough time to settle down, especially its crucial and important for the husband to pay a pivotal role in managing the relationship between his parents and wife, especially the Mother-In-Law, Sister-In-Law and Daughter-In-Law.

• Financial Challenges: Like it or not, expectation management and being realistic is very important in early married days, ensure your finances are managed carefully, credit card bills, and cashflow is critical. Save for a rainy day, and both spouses equally contribute their salaries towards the home they wish to build. It is the duty of the husband to win confidence of the wife and ensure she does not feel insecure parting her earnings towards the common goals.

• Infidelity: No Thanks to social media and online dating apps that lure both men and women towards such activities. What starts as a casual online friendship end up with something serious, many a couples I have counselled and spoken with related to the above two triggers and feel disassociated with their spouse and seek for a friend to share their experiences to begin with but later such episodes turn serious and are the cause for the marriage to break.

Further to the above three, there are many other causes which are less than 25% compared to the above three.

Trust this blog post is helpful and the reader has gained a fair knowledge on the possible steps to follow, nonetheless there are multiple ways to tackle the issues this was just one such. If you need assistance / support or need to discuss about your situation, feel free to drop a note to me at lawyersonia@gmail.com or call at 9845944896.

Feel free to share your feedback / comment on this post.