If you are stuck in such a situation, here is what to do.

The Verma household in Shantinagar finds itself in a deeply distressing and unsafe environment. Ms. Priya Verma, currently pursuing her studies at Horizon University in Vandanpur, expresses profound anguish over the constant stress affecting her mother, Mrs. Leela Verma, and her younger sister, Ms. Tanya Verma. While Priya, due to her age and ability to defend herself, no longer faces physical assaults from her father, Mr. Kailash Verma, the home is a constant theater of intense mental and verbal abuse. The aggression, though not always physical, is pervasive and deeply unsettling, a reality that anyone who has experienced such a situation would readily understand. Priya feels trapped, unable to focus on her academic pursuits, constantly consumed by worry for her family’s safety. Repeated attempts to seek help from relatives, such as Aunt Meena and Uncle Raj, have yielded no positive outcome. Even multiple interventions by the local law enforcement from Shantinagar Police Station have proven futile, with officers merely visiting and departing, offering no lasting solution or protection. Despite having undergone two years of therapy, Priya finds herself at her wits’ end, heartbroken by her family’s plight. She desperately seeks an immediate resolution, emphasizing that a prolonged legal process like divorce is not feasible given the urgency of their situation.

Advice in such cases ⚖️

In situations involving domestic abuse, particularly when there is an immediate threat to safety, swift and decisive action is paramount. While criminal proceedings can be lengthy, the Protection of Women from Domestic Violence Act, 2005 (PWDVA), offers several civil remedies that can provide urgent relief. It’s crucial to understand that legal aid is available, and you do not have to navigate this alone.

• Prioritise Safety: The immediate concern is the safety of Mrs. Leela Verma and Ms. Tanya Verma. If there is an imminent threat, they should seek refuge with trusted friends, relatives, or a women’s shelter.
• Contact a Protection Officer: Under the PWDVA, you can approach a Protection Officer (PO) who can assist in filing an application for various reliefs before the Magistrate. They can also arrange for shelter and medical aid.
• File a Domestic Incident Report (DIR): The PO or a service provider (NGO) can help in filing a Domestic Incident Report, which is a crucial document for seeking orders under the PWDVA.
• Seek Legal Aid: Given the urgency and financial constraints, approach the District Legal Services Authority (DLSA), State Legal Services Authority (SALSA), or the National Legal Services Authority (NALSA). They provide free legal aid to victims of domestic violence, including pro bono lawyers.
• Consider an Interim Order: Under PWDVA, a Magistrate can grant interim and ex-parte orders (orders passed without hearing the other side immediately) in urgent cases, such as a protection order preventing the abuser from committing further acts of violence or a residence order allowing the victims to stay in the shared household.

Applicable Sections of Law 📜

Addressing domestic abuse involves a combination of civil and criminal laws:

• The Protection of Women from Domestic Violence Act, 2005 (PWDVA): This is a civil law designed to provide immediate relief and protection to victims. It covers physical, emotional, verbal, sexual, and economic abuse. Key remedies include:
  • Protection Orders (Section 18): Prohibits the abuser from committing domestic violence, entering the victim’s workplace or school, or communicating with the victim.
  • Residence Orders (Section 19): Grants the victim the right to reside in the shared household, or directs the abuser to remove himself from the shared household, or provides alternative accommodation.
  • Monetary Relief (Section 20): Compensation for expenses incurred and losses suffered by the aggrieved person due to domestic violence.
  • Custody Orders (Section 21): Temporary custody of children.
  • Compensation Orders (Section 22): Additional compensation for injuries, including mental torture and emotional distress.
• Bharatiya Nyaya Sanhita, 2023 (BNS): This is the new criminal code. Specific sections that might be applicable depending on the nature of abuse:
  • Section 85 BNS: Deals with “Cruelty by husband or relatives of husband.” This covers mental and physical cruelty and is a significant provision for domestic violence.
  • Section 116 BNS: Punishment for voluntarily causing hurt.
  • Section 117 BNS: Voluntarily causing grievous hurt.
  • Section 144 BNS: Criminal Intimidation.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This is the new procedural code governing arrest, investigation, and trial. It outlines the process for filing a First Information Report (FIR) and subsequent police action.

If you are the complainant 🗣️

As Ms. Priya Verma, you can initiate action on behalf of your mother and sister:

• File a Complaint under PWDVA: You can file an application to the Magistrate under Section 12 of the PWDVA through a Protection Officer or directly through a lawyer. This is a civil remedy and often faster for immediate relief.
• File a First Information Report (FIR) under BNSS: If criminal acts (like physical assault, severe threats, or cruelty) have occurred, you can file an FIR at the local police station under relevant sections of the BNS (e.g., Section 85 BNS for cruelty, or Sections 116/117 BNS for assault). The police are obligated to register an FIR if a cognizable offense is disclosed.
• Maintain Records: Document all instances of abuse, including dates, times, specific incidents, and any witnesses. Keep copies of all complaints made to authorities.
• Seek Counsel: Immediately contact a lawyer specializing in family law and domestic violence to guide you through the process and ensure all legal avenues are explored effectively.

If you are the victim 🛡️

If you are Mrs. Leela Verma or Ms. Tanya Verma, the primary victims, your rights are paramount:

• Right to Shelter: You have the right to reside in the shared household, even if it belongs solely to the abuser. If it’s unsafe, a Protection Officer can arrange for shelter home accommodation.
• Right to Medical Aid: If injured, you have the right to free medical aid. Ensure a medical examination is done and obtain a medical report.
• Right to Information: You have the right to be informed about the availability of services like legal aid, shelter homes, and medical facilities.
• Right to Protection: You have the right to seek protection orders from the court to prevent further abuse.
• Do Not Suffer in Silence: Reach out to helplines, NGOs, or legal aid services. Many organizations are dedicated to supporting victims of domestic violence.

How the police behave in such cases 👮

It is unfortunate but common for police to sometimes be unresponsive or reluctant in domestic violence cases, as experienced by the Verma family. However, it’s crucial to know your rights and how to escalate matters:

• Mandatory FIR Registration: Under BNSS, if a cognizable offense (like assault or cruelty) is reported, the police are legally obligated to register an FIR. If they refuse, you can send the complaint by post to the Superintendent of Police (Section 173(3) BNSS) or file a complaint directly with the Magistrate (Section 176 BNSS).
• Zero FIR: An FIR can be registered at any police station, regardless of jurisdiction, and then transferred to the appropriate one. This is called a “Zero FIR.”
• Training and Sensitivity: Police personnel are increasingly being trained to handle domestic violence cases with sensitivity, but gaps remain. Insist on your rights.
• Role of the Protection Officer: The PWDVA empowers Protection Officers to assist victims and interact with the police on their behalf, which can be helpful if police are uncooperative.
• Escalation: If the local police are unresponsive, escalate the matter to higher authorities like the Deputy Commissioner of Police (DCP), Superintendent of Police (SP), or even the Director General of Police (DGP). You can also approach the National/State Women’s Commission.

FAQs people normally have ❓

• Can I get immediate protection without a lengthy court process?Yes, the PWDVA allows for interim and ex-parte protection orders and residence orders. These can be obtained relatively quickly from a Magistrate to ensure immediate safety.
• What if the abuser is not my husband, but a father or other male relative?The PWDVA applies to “domestic relationships,” which includes relationships where two persons have lived together in a shared household, and are related by consanguinity, marriage, adoption, or family members living together as a joint family. This explicitly covers fathers, brothers, etc., living in the same household.
• Is pro bono legal help available for domestic violence cases?Absolutely. Under the Legal Services Authorities Act, 1987, victims of domestic violence are entitled to free legal aid. You can contact your nearest District Legal Services Authority (DLSA) for assistance. Many NGOs also provide pro bono legal support.
• Can I file a case even if there are no physical injuries?Yes. The PWDVA covers all forms of abuse, including verbal, emotional, and economic abuse, not just physical violence. Section 85 BNS (Cruelty) also covers mental cruelty.

What evidence is required? 📝

Gathering evidence is crucial for both civil and criminal proceedings:

• Witness Statements: Testimony from anyone who has witnessed the abuse (e.g., neighbours, friends, relatives, children if they are old enough to understand and testify).
• Medical Reports: If any physical injury occurred, a medical certificate from a doctor detailing the injuries is vital.
• Electronic Evidence: Call recordings, text messages, emails, social media posts, or any other digital communication that demonstrates threats, abuse, or control.
• Photographs/Videos: Pictures or videos of injuries, damaged property, or the abusive incidents themselves.
• Diary Entries/Personal Journal: Detailed personal records of incidents, including dates, times, and descriptions of what happened, can serve as corroborative evidence.
• Police Complaints: Copies of all previous complaints made to the police, even if no action was taken.
• Financial Records: If economic abuse is alleged, bank statements or other financial documents showing control or deprivation of funds.

How long will the investigation take? ⏳

The duration of an investigation and subsequent legal proceedings can vary significantly:

• Under PWDVA: The Magistrate is mandated to fix the first hearing within three days of receiving the application and endeavour to dispose of the application within sixty days from the date of its first hearing. While this is the statutory ideal, practical timelines can vary based on court workload and complexity. Interim orders for protection can often be obtained more quickly.
• Under BNSS (Criminal Cases): Once an FIR is registered, the police investigation typically aims to be completed within a reasonable time, usually 90 days for serious offenses, after which a charge sheet is filed. The trial thereafter can take several months to years, depending on the complexity of the case, witness availability, and court schedules.
• Urgency: For immediate safety, the PWDVA route for protection and residence orders is generally faster than a full criminal trial or divorce proceedings.

Advocate Sudhir Rao, Supreme Court of India