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 … 😊 

Men are victims too... but they dont often report. ...!

Men don’t actually cry less than women, they just do it differently. Since we never saw our fathers and brothers cry, we are forced to devise our own inimitable imagination, any human who has a soul is bound by emotions and shows them up differently under altered circumstances. In this social fabric, the society we live in, friends right from our childhood are generally of the same sex, only after adolescence for when men and women agree, it is only in their conclusions, the eyes of the liberal social order tend to evolve with friendship as pure and divine which only few can understand, more often than not it leads into courtship or ends in a breakup.

There is a lot of research done, published and statistics written on sexual harassment at workplace where women are the victims at least 43% at times and men at least 12% a times who have been pressurized by the opposite sex for sexual favours. One of the most robust sex differences in personality research is the finding that women are higher in agreeableness than men are. The difference is over half a standard deviation, which means that although there is plenty of overlap between the sexes, the average man scores lower than 70% of women, and may be one of the reasons that the reported cases of sexual harassment at workplace go unreported by men, and add to that the social stigma that often a stereotyped man faces in the society.  Sexual harassment is not limited to the boundaries of bosses exploiting their subordinates but extends into Men harassing Women colleagues, Women harassing Men colleagues, Men harassing Men colleagues and Women harassing Women colleagues. Now-a-days there has been increased number of cases reported on same-sex sexual harassment, 12% of men have reported being sexual harassed by men at the workplace and 3% of women have reported being sexually harassed by women at the work place.

One of the impediments is to comprehend the concept of sexual harassment as it involves a range of behaviours, even the victims find it difficult to explain what they experienced., and after a lot of deliberation a definition agreed upon commonly by the international community and is demarcated “Sexual Harassment at workplace is unwelcome sexual favour and other verbal or physical conduct of a sexual nature that tends to create a hostile or offensive work environment”

The Supreme Court of India defined Sexual Harassment as any unwelcome sexually determined behaviour (whether directly or by implication) such as - Physical contact and advances, A demand or request for sexual favours, Sexually colored remarks, Showing pornography, any other unwelcome physical, verbal or non-verbal conduct of sexual nature. The landmark case of Vishaka and others Vs. State of Rajasthan laid down guidelines for the preventing and redressel of the complaints by women who were sexually harassed at workplace. The Guidelines entrusted the Employer with the obligation to provide a safe and woman friendly environment. The sections 354, 509, and 376 of the Indian Penal Code which deal with sexual assault, namely, outraging the modesty of a woman, eve teasing and committing rape of a woman, all assume that men cannot be subjected to these crimes, The only form in which a wrong sexual advancement on a man is recognized as an offence is as sodomy under the 377 section of the IPC. Apart from that there is no law to punish a person for molesting a man. This causes more challenges in cases of male sexual harassment or same-sex sexual harassment.

While the organizations strive and but the best of the policies to ensure safe workplace for women bound by law, the organizations can go ahead and define their own policies related to protect their employees be it men or women, its crucial to create constant awareness among the employees to report such instances. Its been observed that at least 90% of cases don’t get reported in the official channels but are known through the grapevine. The Human resource professionals should engage in creating confidential mechanisms of reporting such acts where voice of the employee reaches the right action taker so that such instances are avoided in the future. There is a lot that needs to be done in this area and for sure right steps have already been taken… it’s important to strengthen them further…