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

The story

Ms. Anjali, a bright 21-year-old working at a tech firm named “Quantum Innovations” in the city of Suryanagar, found herself in a deeply distressing situation. Her father, Mr. Verma, exhibited extremely abusive and narcissistic behavior towards the entire family, particularly the women. This toxic environment had become unbearable for Anjali, her mother, her younger sister, and her brother.

As the sole earner, Anjali had finally saved enough to support her family independently. However, her father was not only emotionally and physically abusive but also financially exploited her income, refusing to let her or the family move out. Any discussion about leaving was met with explosive anger and threats of physical violence. Anjali felt trapped, responsible for her family’s safety but terrified of the repercussions of leaving.

Her plan was to discreetly find a rental home, slowly move their essential belongings, and on the day of the final move, contact the local police’s Women’s Assistance Cell to request an escort for their safety. She was unsure about the feasibility of this plan and the legal protections available to her and her family. This story is a reflection of many who face similar harrowing circumstances and seek a path to safety and independence.

Advice in such cases

Navigating such a sensitive and dangerous situation requires careful planning and a clear understanding of your rights. Here are some crucial steps to consider:

• Prioritize Safety: Your physical and emotional well-being, along with that of your family members, is the absolute priority. Create a safety plan that includes a safe word with your siblings and mother, and identify a trusted friend or relative you can contact in an emergency.
• Document Everything: Keep a detailed journal of abusive incidents, including dates, times, what was said or done, and any witnesses. If possible and safe to do so, collect evidence such as photos of injuries, threatening text messages, or audio/video recordings. Keep your important documents like ID cards, educational certificates, and bank details in a safe, accessible place.
• Secure Your Finances: If you are being financially exploited, try to redirect your salary to a new bank account that the abuser cannot access. Secure your financial independence as it is the key to a successful transition.
• Plan Your Exit Strategically: Moving out should be done discreetly and swiftly. Inform as few people as possible. Arrange for movers or a trusted friend with a vehicle in advance. The idea of moving belongings slowly can be risky if the abuser becomes suspicious. A quick, planned exit is often safer.
• Seek Police Assistance: Your plan to involve the police or a specialized unit like the Crime Against Women (CAW) Cell is a valid and often necessary step. They can provide protection and ensure you can retrieve your belongings without facing violence.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

In India, several laws protect individuals from domestic abuse. It is crucial to be aware of them. The primary legal frameworks you can rely on are:

• The Protection of Women from Domestic Violence Act, 2005: This is a civil law designed to provide immediate and comprehensive relief to victims of domestic abuse. It covers physical, emotional, verbal, sexual, and economic abuse. Under this Act, a victim can seek protection orders, residence orders (allowing you to stay in the shared household or arranging for an alternative), monetary relief, and custody orders for children.
• Bharatiya Nyaya Sanhita (BNS), 2023: This is the new criminal code of India. Depending on the nature of the abuse, the following sections may be applicable:
  • Section 115 (Grievous Hurt): If the abuse causes severe bodily harm.
  • Section 118 (Assault or criminal force): For acts of physical violence or threats that cause apprehension of violence.
  • Section 347 (Extortion): For financial exploitation where you are forced to give up your property or money under threat.
  • Section 351 (Criminal Intimidation): For threatening you or your family with injury to person, property, or reputation.

If you are the complainant

If you decide to take legal action as the complainant, here is the general path to follow:

• File a Police Complaint: You can approach your local police station to file a First Information Report (FIR) under the relevant sections of the Bharatiya Nyaya Sanhita (BNS). The police are obligated to register an FIR if the information suggests a cognizable offense has occurred.
• Approach the Magistrate: You can directly file a complaint with the Magistrate under the Domestic Violence Act, 2005, to seek various reliefs like protection orders. This is a civil remedy and can be pursued alongside a criminal case.
• Preserve All Communication: Keep records of all interactions with the police and legal authorities. Note down the names of officers you speak to, dates of visits, and any reference numbers provided.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As a victim, your immediate actions should be focused on safety and securing your legal rights.

• Secure Your Safety First: If you are in immediate danger, call the police emergency helpline (112) or the women’s helpline (1091). Leave the house and go to a safe place like a friend’s house, a relative’s home, or a shelter.
• Medical Examination: If you have been physically harmed, go to a government hospital for a medical examination and ensure a Medico-Legal Certificate (MLC) is prepared. This is crucial evidence.
• Gather Your Essentials: If you decide to leave, try to take your important documents, phone, and any evidence you have collected.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Dealing with the police can be intimidating, but it is their duty to help. Typically, the police response involves several stages. Initially, they may direct you to the Crime Against Women (CAW) Cell or the local police station’s women’s help desk. In cases of domestic disputes, the police might first attempt to counsel both parties. However, if you state that you are in danger and the abuse is severe, they are legally bound to register an FIR for a cognizable offense. You have the right to request a police escort to safely retrieve your personal belongings (‘stridhan’) and other necessities from the house. While some officers may be more empathetic than others, you must be firm and clear about the threat you face.

FAQs people normally have

Can my father legally stop me from moving out if I am an adult?

No. As an adult (over 18 years of age), you have the legal right to live wherever you choose. No one, including your parents, can legally force you to stay with them.

What about my younger siblings and mother?

Your mother, as an adult, can also choose to leave with you. For your minor siblings, the situation is more complex, but if they are leaving with their mother (their natural guardian), it is legally permissible. The courts will always prioritize the welfare of the children.

Will my father be arrested immediately?

An arrest depends on the severity and nature of the offense reported in the FIR. For serious, non-bailable offenses, the police may arrest the accused promptly. For other offenses, they will conduct a preliminary investigation first, as guided by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

What evidence is required?

Strong evidence is crucial for any legal action. The more evidence you have, the stronger your case will be. Collect the following if possible:

• Medical records and Medico-Legal Certificates (MLCs) detailing any injuries.
• Photographs or videos of injuries, property damage, or abusive incidents.
• Digital evidence, such as threatening emails, text messages, or social media posts.
• Bank statements or financial records that show economic abuse or exploitation.
• Testimony from witnesses who have seen or heard the abuse, such as neighbors, friends, or other family members.
• A personal diary or journal documenting the instances of abuse.

How long will the investigation take?

The timeline for legal proceedings can vary. An application under the Domestic Violence Act is intended to be fast-tracked, with the law mandating that the case should be disposed of within 60 days from the first hearing. However, procedural delays can extend this period. A criminal investigation under the BNS, initiated by an FIR, can take several months to complete before a chargesheet is filed in court. The initial police assistance for safety, however, should be immediate. Your lawyer can help expedite the process by filing appropriate applications and following up diligently with the authorities.

Advocate Sudhir Rao, Supreme Court of India