Sunday, June 5, 2016

Domestic Violence Act a few case laws....to know

We all know this Domestic Violence Act has been passed to secure women in general but it is not limited to women only it is for the vulnerable persons having a domestic relationship living in a family and all of them are covered. So even mothers can take shelters of courts for violence against son and daughters.
LIVE In relationship is out of the purview of the act and a women staying with their partner under a livein relationship can not take shelter of the domestic violence act as per the recent supreme court decision Indra sarma V. kv Sarma 2013(8) supreme court 122 ( click here to read the judgement) But the act recognises living relationships too.
Thus, if a woman is living with a man who abuses her, she can take recourse to the provisions of this law even though she is not married to him.
According to section 2(g), any relationship between two persons who live, or have at any point of time lived together in the shared household, is considered a ‘domestic relationship’.
This includes relations of consanguinity, marriage, or through relationships in the nature of marriage, adoption, or joint family – thus, ‘domestic relationships’ are not restricted to the marital context alone.
‘Domestic relationships’ also cover sisters, widows, mothers, daughters, women in relationships of cohabitation, single women etc. Any widow or unmarried sister or daughter who is harassed within the home can also resort to the new law.
The law also protects women in fraudulent or bigamous marriages, or in marriages deemed invalid in law.

Further maintaining wife and children is the obligation of the husband and depriving a women from money to support herself is also recognised as domestic violence but a women can not claim maintainance from the inlaws though she is entitled to claim this from her husband only.

Now who are covered under the domestic violence act..
Women and children. Section 2(a) of the Act will help any woman who is or has been in a domestic relationship with the ‘respondent’ in the case.
It empowers women to file a case against a person with whom she is having a ‘domestic relationship’ in a ‘shared household’, and who has subjected her to ‘domestic violence’.
Children are also covered the act; they too can file a case against a parent or parents who are tormenting or torturing them, physically, mentally, or economically. Any person can file a complaint on behalf of a child.

 click here to read the domestic violence act 2005

Monday, May 9, 2016

Successfully Completed my 5year Term of Member Women in District Consumer Forum,Bargarh Odisha

On 5th May I completed my 5 year term as Member Women in District Consumer Forum Bargarh, Odisha and ended a  period full of highs and lows, created history changing the role,scope, model,actions and perspective available for women members of consumer forums so a ripple been created and member women now atleast starting to behave as a member not acting as a rubber stamp to approve decisions made somewhere else or now at least some people will show courage to show their choices if impressed upon the work done by me.
I feel contented that I got the opportunity to work in a different environment and certainly initiated some changes though not total to the scenerio.I did a little bit to promote consumer awareness presenting what there exactly is in the consumer protection act 1986 to protect consumer rights for indian citizens and people doing business in India.
I have gathered more than 100 orders to my account presented by me and passed by the forum which is an alltime record I think as I entered the scene when member women are just pushed as rubber stamps some forceably and many just as their wish not to be involved in judicial processes and being happy collecting the pay given for sanctioning the orders just signing them without questions.

Participated in promotional programs initiated by the government to promote the consumer laws in the state in remote areas. Interacted with learned advocates in this period and the outcome is devastating as I see many many flaws that has to be removed if consumer rights are to be guaranteed and the top most is time consumption in disposing and handling matters at consumer forums.
I was in charge  President of the forum for 10 months and looked into all the works involved adding to my original responsibility adding my experiences further.
I am happy to see that collectively our team could have created such environment that people participated in the proceedings without help of Advocates and got disposals accordingly.
what next?

I will renew my advocates license if no employment is offered to me which I can decide to take and would start writing a book on my experiences to enlighten others if possible with fresh memories.

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