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THE ACT: LEGAL DEFINITION OF DOMESTIC VIOLENCE

The act was proclaimed in 1997 and was amended in 2004, 2007 and 2011. It follows the 1995 Beijing Conference which asked states to take legal actions to protect both women and men victims-survivors of domestic violence. This Act provides for the protection of people against domestic violence and aims at reducing and preventing domestic violence.

Legal definition of domestic violence

The Act defines domestic violence as:

• Any act of physical, mental or sexual violence

• Any attempt of such violence

• The forcible restriction of individual freedom and of privacy, carried out against individuals who have or have had

family or kinship ties or co-habit or dwell in the same home

As per Section 2 of the Act, domestic violence includes any of the following acts committed by a person against his spouse, a child of his spouse or another person living under the same roof:

a. Wilfully causing or attempting to cause physical injury

b. Wilfully or knowingly placing or attempting to place the spouse or the other person in fear of physical injury to himself/herself or to one of his/her children

c. Intimidation, harassment, ill-treatment, brutality or cruelty

d. Compelling the spouse or the other person by force or threat to engage in any conduct or act, sexual or otherwise, from which the spouse or the otherperson

has the right to abstain

e. Confining or detaining the spouse or the other person against his/her will

f. Harming a child of the spouse

g. Causing or attempting to cause damage to the spouse's or the other person's property

h. Threatening to commit any act mentioned in paragraphs (a) to (g)

Protection under this Act may be sought by any individual having suffered from domestic violence. Hence the act applies to:

• Spouse or former spouse

• Person with whom that individual cohabits or has co-habited

• Person with whom that individual has a child

• Ascendant

• Descendant

• Sibling

In line with the Protection from Domestic Violence Act:

• In the event of domestic violence the victim-survivor has the right to refer to the court to seek protection

• In cases of direct and imminent threat to his/her life or health, the victim-survivor may file an application with the police authorities for the imposition of

emergency measures. The court will issue an emergency court protection. In instances of wounds and blows the police will issue a Form 58 to be filled in by

the medical doctor establishing in writing any injuries or traces of violence found.

The act provides for the issue of:

• Protection Order

• Occupation Order

• Tenancy Order

• Interim Orders

• Ancillary order in respect of furniture

PROTECTION ORDER

Protection Order restrains the abuser from further violence and orders him/her to be of good conduct. The order can last for a period not exceeding 24 months and:

a. Prohibit the abuser (the respondent) from being on the same premises where the applicant resides or works

b. Prohibit the abuser from being on premises specified in the order, being premises frequented by the applicant

c. Prohibit the abuser from approaching within a specified distance of the applicant

d. Prohibit the abuser from contacting, harassing, threatening or intimidating the applicant

e. Prohibit the abuser from damaging property of the applicant

f. Prohibit the abuser from causing or attempting to cause another person to engage in conduct referred to in paragraphs (d) and (e)

g. Specify the conditions on which the abuser may:

• Be on premises on which the applicant resides, works or which he frequents

• Approach or contact the applicant or a child of the applicant

OCCUPATION ORDER

An Occupation Order grants exclusive rights to the victim-survivor to live in the residence, which may belong to the victim-survivor or the abuser or both. This order may last for a maximum of 24 months.

TENANCY ORDER

A Tenancy Order gives the victim-survivor the exclusive right to occupy a rented house and if the abuser rents the house, he/she is obliged to continue paying the rent.

Effect of the Tenancy Order:

• The abuser shall be deemed to become the tenant of the dwelling house subject to the terms and conditions of the tenancy in force at the time of the making of that order

• Except where the Court orders otherwise, the spouse who, before the tenancy order was, by the terms of the contract of tenancy, responsible for the payment of the rent, shall continue to be so responsible

ANCILLARY ORDER IN RESPECT TO FURNITURE

An Ancillary Order allows the victim-survivor to ask for his/her furniture. But he/she needs to apply for an occupation or tenancy order first.

On or after making an occupation or tenancy order, the Court may:

• Make an order granting to the applicant the use, of all or any furniture, appliances and other household effects in the residence to which the order relates, for the period and on such terms and conditions as the Court deems reasonable

• Where appropriate, order the applicant, the respondent or both of them, to contribute to the loan or mortgage repayments and repairs or maintenance of the said residence

INTERIM ORDERS

The court can issue an Interim Protection Order, an Interim Occupation Order or an Interim Tenancy Order in an event characterised by a significant risk of continued infliction of violence which may arise before the case is heard in the court.

The interim orders are issued by the District Court on the same day the request is formulated.

BREACH OF ORDER

Any person who wilfully fails to comply with any interim orders, protection order, occupation order, tenancy order or ancillary order made under this Act shall commit an offence and shall, on conviction, be liable to a fine not exceeding 25,000 rupees and to imprisonment for a term not exceeding 2 years.

Accordingly, any person who commits an offence under this Act may be arrested by the Police.

THE ACT