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

This is the story of Rohan, a 16-year-old boy from the city of Shantipur, who finds himself in a deeply distressing and recurring nightmare. Rohan is currently unwell with the flu, but his physical sickness pales in comparison to the emotional and physical trauma inflicted by his own father, Mr. Verma. Recently, Mr. Verma, a retired employee from a public sector company, came home intoxicated, a frequent occurrence. He began playing loud music, and when Rohan and his mother, Mrs. Verma, requested him to lower the volume, he erupted in a fit of rage.

He subjected both his wife and son to a brutal assault, leaving them with bruises and in significant pain. The violence wasn’t limited to them; he also destroyed their television for the fourth time and damaged their internet equipment, shouting that it was his money and he had the right to do as he pleased. Although neighbors heard the commotion and intervened briefly, Mr. Verma denied everything, and the situation was left unresolved, as it often is.

Mrs. Verma, despite being educated and skilled, has been systematically prevented from working by her husband, leaving her financially dependent and trapped. This cycle of violence has been ongoing for years, with each incident escalating. On previous occasions, Mr. Verma’s attacks left his wife with severe bruising. In his most recent rampage, he even attempted to harm Rohan’s pet rabbit, which the boy managed to save just in time. The constant trauma has made it impossible for Rohan to focus on his studies, causing him to miss several school exams. He feels scared, exhausted, and ashamed, desperate for a way out of this abusive environment.

Advice in such cases

• Prioritize your immediate safety and that of your mother. If possible, go to a safe place like a relative’s or a friend’s house during a violent episode.
• Document everything. Take pictures of the injuries and the damaged property. If there are any threatening messages, save them.
• Confide in a trusted adult who can support you, such as a teacher, a school counselor, or another family member.
• Seek medical attention for your injuries and ensure a Medico-Legal Certificate (MLC) is prepared, as it is crucial evidence.
• 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 are in place to protect individuals from domestic violence. With the introduction of new criminal laws, the relevant sections are as follows:

• The Protection of Women from Domestic Violence Act, 2005 (PWDVA): This is a civil law that provides comprehensive protection. It covers physical, sexual, verbal, emotional, and economic abuse. An aggrieved person (your mother) can seek protection orders, residence orders, monetary relief, and custody orders for children. As a child who is also a victim, you are also entitled to relief under this Act.
• Bharatiya Nyaya Sanhita, 2023 (BNS): This is the new penal code. Your father’s actions could fall under several sections:
  • Section 115 (Hurt) & Section 116 (Grievous Hurt): For causing physical pain and injury.
  • Section 85 (Cruelty): Specifically addresses cruelty by a husband or his relatives towards a woman.
  • Section 325 (Mischief): For intentionally destroying property like the television.
  • Section 351 (Criminal Intimidation): For threatening and creating a sense of fear.
• Juvenile Justice (Care and Protection of Children) Act, 2015: As a minor living in an abusive environment, you can be considered a “child in need of care and protection.” You or someone on your behalf can approach the Child Welfare Committee (CWC) for support and intervention.

If you are the complainant

• You or your mother can file a police complaint (First Information Report – FIR) at the nearest police station under the relevant sections of the Bharatiya Nyaya Sanhita (BNS).
• Simultaneously, your mother can file a Domestic Incident Report (DIR) with a designated Protection Officer or a registered service provider under the PWDVA.
• A direct application can be made to the Magistrate’s court to seek remedies under the PWDVA, 2005.
• 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

• Your first priority is safety. Remove yourself from the dangerous situation.
• Go to a hospital immediately to get your injuries treated and obtain a Medico-Legal Certificate (MLC). This is a vital piece of evidence.
• Preserve all evidence. Take clear photos of injuries, any damage to your home or belongings, and keep any abusive messages.
• Contact a national or local helpline for domestic abuse or child protection, such as Childline (1098).
• 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

The police are legally obligated to assist you. Upon receiving a complaint about a cognizable offense like grievous hurt, they must register an FIR. Under the PWDVA, they are also required to inform the victim of her rights. However, sometimes police officers may treat it as a “private family dispute” and attempt to mediate or reconcile the parties. You have the right to insist on the registration of an FIR. If the local police are uncooperative, you can approach a higher-ranking officer (like the Superintendent of Police) or file a private complaint with the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

FAQs people normally have

• Can a minor file a complaint against a parent?
  Yes, a minor can report a crime to the police or Childline (1098). For court proceedings under the PWDVA, the application is filed by the aggrieved adult (your mother), but you can be a co-applicant and are entitled to protection. You can also be brought before the Child Welfare Committee (CWC) as a child in need of care and protection.
• What if my mother is too scared to take action?
  Even if your mother is hesitant, you can still seek help. Contacting Childline, a teacher, or a trusted relative can initiate the process. The CWC or police can take action based on information provided by any concerned person.
• What about our financial security if he is the sole earner?
  The law accounts for this. Under the PWDVA, the court can order your father to pay monthly maintenance to your mother and you. This can include rent for alternative accommodation, medical expenses, and other daily necessities to ensure you are not left destitute.
• Will he be arrested immediately?
  Arrest depends on the nature of the complaint. If an FIR is filed for a serious cognizable offense under the BNS, the police have the power to arrest him. Under the PWDVA, the initial remedies are civil (like a protection order), but if he violates that court order, it becomes a criminal offense, and he can be arrested.

What evidence is required?

Strong evidence is key to a successful legal case. You should try to collect:

• Photographs and videos of injuries.
• Photographs of any property that was damaged.
• The Medico-Legal Certificate (MLC) from the hospital.
• The testimony of the victims (you and your mother).
• Statements from any witnesses, such as the neighbors who heard the commotion.
• Copies of any threatening text messages, emails, or recordings.
• Records of any past complaints made to the police, if applicable.

How long will the investigation take?

The legal process varies in duration. The PWDVA is designed for swift relief, with the law stating that cases should ideally be disposed of within 60 days. However, due to the burden on courts, it can often take longer. For a criminal case under the BNS, the police investigation and subsequent filing of a charge sheet under the BNSS are time-bound, typically within 90 days for serious offenses, but extensions can occur. A lawyer can help navigate the system to ensure there are no unnecessary delays.

Advocate Sudhir Rao, Supreme Court of India