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

Ms. Kavita, a young graduate from the town of Rajnagar, is facing a severe ordeal at home. Her father, Mr. Gupta, exhibits extremely abusive and controlling behaviour towards her, her mother, and her sister. Since his retirement, Mr. Gupta has isolated the family, fearing they might leave him alone in his old age. He is relentlessly forcing Kavita to prepare for and secure a government job, despite the intense difficulty of these competitive exams. Kavita has attempted several banking and civil service examinations but finds it impossible to succeed in the hostile environment her father creates.

Mr. Gupta has forbidden her from pursuing any internships, private sector jobs, or any opportunity that would require her to leave Rajnagar. He holds deeply prejudiced views, equating women who work in private companies or live independently with immoral character. He confines Kavita to a dark, poorly ventilated room for most of the day, constantly monitoring her to ensure she is studying. Even a brief break, such as using the restroom, results in vile accusations and angry outbursts. The psychological pressure is immense; he criticizes her study methods, her posture, and her expressions, making concentration impossible. When Kavita suggested attending a coaching institute in a larger city for better preparation, he threatened her with physical violence and accused her of seeking an excuse for illicit activities. His plan is for her to get a local government job and then marry a man of his choosing who will be subservient and live with them. Financially dependent and with no support system, Kavita feels trapped and is desperate to know if there is any legal way to escape this situation.

Advice in such cases

If you find yourself in a similar situation, it is crucial to understand that you have rights and there are legal pathways available. The first step is to recognize that such behaviour constitutes domestic abuse, which is not limited to physical 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 resolve in 7-10 days.
• Document Everything: Keep a detailed diary of incidents, including dates, times, and descriptions of the abusive behaviour. If possible and safe, collect evidence such as audio or video recordings of threats and verbal abuse.
• Secure Important Documents: Try to safely secure your personal identification, educational certificates, and any other important documents.
• Reach Out for Support: Confide in a trusted friend, relative, or professional who can provide emotional and logistical support.

Applicable Sections of Law

Indian law provides several protections against such abuse, primarily through the Protection of Women from Domestic Violence Act, 2005, and the Bharatiya Nyaya Sanhita, 2023 (BNS).

• The Protection of Women from Domestic Violence Act, 2005 (PWDVA): This is a civil law specifically designed to protect women from abuse within a domestic relationship. The definition of “domestic violence” is broad and includes physical, emotional, verbal, and economic abuse. The father’s actions, such as verbal abuse, threats, restricting financial independence, and causing emotional distress, fall squarely within this definition.
• Bharatiya Nyaya Sanhita, 2023 (BNS):
  • Section 141 (Wrongful Restraint): Voluntarily obstructing any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed. Forbidding you from leaving the hometown for a job or internship is a form of wrongful restraint.
  • Section 142 (Wrongful Confinement): Wrongfully restraining any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits. Forcing you to stay in a room for the entire day constitutes wrongful confinement.
  • Section 351 (Criminal Intimidation): Threatening another with any injury to their person, reputation, or property. Your father’s threats to beat you up are covered under this section.
  • Section 352 (Intentional insult with intent to provoke breach of the peace): The constant insults and false accusations could also be addressed under this section.

If you are the complainant

As the person subjected to abuse (the aggrieved person), you can initiate legal proceedings. You can file a complaint under the PWDVA with a Protection Officer (appointed by the state), a registered service provider, or directly to the Magistrate. You can also file a police complaint (FIR) under the relevant sections of the BNS. When you approach the authorities, be clear and specific about the incidents of abuse, the control being exercised, the threats made, and the impact on your mental and physical well-being. State your desire for protection and the right to live and work where you choose.

If you are the victim

As a victim of domestic abuse, you are entitled to several reliefs under the PWDVA. You can ask the court for:

• Protection Orders: To prevent the abuser from committing any further acts of violence.
• Residence Orders: To ensure you are not dispossessed from the shared household or, alternatively, to secure an alternate accommodation for you at the abuser’s expense.
• Monetary Relief: To cover expenses incurred and losses suffered as a result of the domestic violence, including maintenance for you.
• Custody Orders: Regarding the custody of children, if applicable.

These reliefs are meant to provide immediate protection and support, allowing you to escape the abusive environment.

How the police behave in such cases

Police response can be mixed. Some officers may treat it as a “family matter” and attempt to counsel or mediate. However, you have the right to insist on legal action. Under the new Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the police are obligated to register an FIR if the information discloses a cognizable offence. For matters under the PWDVA, they are required to inform you of your rights and assist you in contacting a Protection Officer. If the police are uncooperative, you can approach a senior police officer or file a complaint directly with the Magistrate’s court.

FAQs people normally have

What evidence is required?

Evidence is crucial for strengthening your case. This can include:

• A personal diary or journal documenting incidents.
• Audio or video recordings of threats, abuse, or confinement.
• Photographs of any physical injuries or the room you are confined to.
• Testimony of witnesses, such as your mother, sister, or trusted neighbours who have observed the abuse.
• Any emails, text messages, or letters containing abusive or controlling language.

How long will the investigation take?

The timeline can vary. Proceedings under the PWDVA are intended to be swift, with the law stipulating that the first hearing should be within three days and the case disposed of within 60 days. However, in practice, it can take longer due to court backlogs. A police investigation under the BNS also has timelines prescribed under the BNSS, but the duration depends on the complexity of the case and the efficiency of the investigating agency. A competent lawyer can help expedite the process by filing appropriate applications and ensuring regular follow-up.

Advocate Sudhir Rao, Supreme Court of India