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“Protection of women from Domestic Violence”
Verbal and emotional violence
- Insult –not attractive, not smart, doesn’t respect him/his parents
- accusing/insulting your parents
- Name – calling
- Accusations on your character or conduct etc
- Insult for not having a male child
- Insults for not bringing dowry etc
- Preventing you or a child in your custody from attending school, college or any other educational institutions
- Preventing you from taking up a job
- Forcing you to leave your job
- Preventing you or a child in your custody from leaving the house
- Preventing you from meeting any person in the normal course of events.
- Threat to commit suicide
- Not providing you money for maintaining you or your children
- Not providing food, clothes, medicines etc, for you or your children
- Stopping you from carrying on your employment
- Not allowing you to take up on employment or
- Taking away your income from your salary, wages etc
- Not allowing you to use your salary wages etc
- Forcing you out of the house you live in
- Stopping you from accessing or using any part of the house
- Not allowing use of clothes, articles, or things of general household use,
- Not paying rent if staying in a rented accommodation etc.
- Shoving or
- Causing bodily pain or injury in any other manner
- Forced sexual intercourse
- Forced you to look at pornography or any other obscene pictures or material
- Any act of sexual nature to abuse humiliates or degrade you, or which is otherwise violating of your dignity or any other unwelcome conduct or sexual nature.
- Remember the Govt recently enacted Domestic Violence Act.
Salient features of the DV Act are:
- PWDVA seeks to cover all those women who are or have been in a domestic relationship with a man including live-in relationships, bigamous marriage and fraudulent marriages.
- The Act gives the women right to reside in the shared household.
- Protection orders can be given by the magistrate immediately to stop violence.
- It provides counseling for both parties singly or jointly.
- The act stipulates that within 3 days the case has to be registered and in 60 days all requisite relief measure to be given.
Whom to report domestic violence incident
- Nearest Police station
- Protection officer (Project director women and child welfare department of the Dist) Contact your local protection officer
- Service provider (appointed by the State Government) is the Magistrate.
If you don’t have shelterNearest protection office or servic e provider to provide shelter in a shelter home. List of Shelter homes
For medical facilitiesNearest protection office or service provider to provide any medical aid
Obtaining orders or relief
- Application to Magistrate
- For payment of compensation or damages
- Right to reside in a shared house hold
- Protection order
- Prohibiting committing any act of domestic violence
- Aiding or abetting
- Entering the place of employment
- Or she is a child in school
- Attempting to communicate in any form including personal, oral , written, electronic or telephonic contact
Alienating any assets
- Operating bank lockers, bank accounts used or held or enjoyed by both the parties jointly with her or single Stridhan.
- Causing violence to the dependents to her relatives or any person.
- Any other act
- Residence orders
- Monetary relief
- Custody orders
- Compensation orders
- Rape/sexual assault is one of the ugliest and most brutal expression of masculine violence against women. Rape is a violent crime, an Invasion and a frightening experience. Rape affects all women, no matter what their age, caste or economic status.
- Rape is not sex but violence on women/girls
- Rape/Sexual abuse makes women feel humiliated and degraded
- The rape or the threat of rape always makes women feel unsafe and forced to remain alert all the time
- All women are potential victims of sexual assault. By being aware, a woman can reduce the likelihood of becoming a rape victim.
- This does not mean all rapes can be prevented. If at all a rape is committed, the victim and people around her should address the trauma by remembering that
Psycho-social trauma of a rape victim:
- The victim faces degradation and social unacceptability. “It is a deathless shame or living with death”
- It does not only victimise her, but it also leaves a lifelong stigma on the character and dignity of a woman, causing her and her relatives, pain and agony.
- In the case of an unmarried woman, the stigma acts as a hurdle for a married life and she is looked as an outcaste. For no fault of hers she has to endure all the pain, shame and misery.
- The married woman loses the love of her husband and her restoration in the family is jeopardized. The family members never show a positive approach to her. Even children lose the trust and security they reposed in her.
- For fear of blame, rape victims often remain reticent and withdrawn. Many a time, they attempt to commit suicide out of grief and self-contempt.
How to report rape to PoliceImmediately dial 100 or 1091 from your mobile phone
- Do not shower, wash, or change clothing.
- Have a medical exam and internal gynaecological exam as soon as possible. A delay in time may destroy evidence
- A female doctor must take semen smears
- Inform female doctor of exact acts committed upon you and have the doctor note any medical evidence of them.
- Female doctor should note any bruises or injuries bleeding, lacerations, etc. external or internal
- Have test for venereal diseases (and pregnancy later, if relevant)
- Do not disturb the scene of the assault
- Inform police of all details of attacker like his face, language, did he receive any calls, his vehicle number and of anything unusual you may have noted about the attacker
- Remember what the person said and how it was said. It may lead to the arrest of the assailant
- Show police any external bruises or injuries, however minor, resulting from the attack
- Police will request your clothes for purpose of evidence
- Inform the police if you remember anything that was not previously reported
Description of the attacker
- Type of vehicle used by the rapist (if known – license, make or model and colour).
- Age, weight and height
- Hair colour and length
- Colour of eyes
- Any unusual marks, scars, tattoos, ring, etc
- Any facial hair
- Type of accent (Any strange or distinctive odour)
- Last direction of travel
- Subjects another person to an unwelcome act of physical intimacy, like grabbing, brushing, touching, pinching etc
- Makes an unwelcome demand or request (whether directly or by implication) for sexual favours from another person, and further makes it a condition for employment/payment of wages/increment/promotion etc.
- Makes an unwelcome remark with sexual connotations, like sexually explicit compliments/cracking loud jokes with sexual connotations/ making sexist remarks etc.
- Shows a person any sexually explicit visual material, in the form of pictures/cartoons/pin-ups/calendars/screen savers on computers/any offensive written material/pornographic e-mails/sms etc.
- It is sexual harassment if a supervisor requests sexual favours from a junior in return for promotion or other benefits or threatens to sack for non-cooperation. It is also sexual harassment for a boss to make intrusive inquiries into the private lives of employees, or persistently ask them out.
- It is sexual harassment for a group of workers to joke and snigger amongst themselves about sexual conduct in an attempt to humiliate or embarrass another person.
- If anyone displays too much interest in your sex life (or lack there of) and persistently asks you questions or makes remarks of a personal nature.
What an employer can/need to do
- First and foremost, acknowledge that it is your legal responsibility to provide safe working environment for women free from sexual harassment and discrimination and that you can be held liable for sexual harassment by employees.
- Know that sexual harassment can have a devastating effect upon the health, confidence, morale and performance of those affected by it. The anxiety and stress produced by sexual harassment commonly leads to those subjected to it taking time off work due to sickness, being less efficient at work, or leaving their job to seek work elsewhere.
- Understand the reasons why women remain silent about sexual harassment. An absence of complaints about sexual harassment does not necessarily mean an absence of sexual harassment. It may mean that the recipients of sexual harassment think that there is no point in complaining because:
- Nothing will be done about it
- It will be trivialised
- The complainant will be subjected to ridicule
- They fear reprisals
- Recognise the tangible and intangible expenses and losses organisations experience
- Costly investigation and litigation
- Negative exposure and publicity
- Embarrassing depositions
- Increased absenteeism
- Lowered employee morale
- Reduced productivity
- Decreased efficiency
- Higher employee turn over
- Erosion of organisation’s brand names, goodwill, and public image
- Negative impact on stock price
What Steps Can women Employees Take To Prevent Sexual Harassment?
- Identify/Recognise Harassment
- Ask yourself the following:
- Do not blame yourself. Don't ignore sexual harassment in the hope that it will go away.
- Do the unexpected: Name the behavior. Whatever he's just done, say it, and be specific. Hold the harasser accountable for his actions. Don't make excuses for him; don't pretend it didn't really happen. Take charge of the encounter and let people know what he did. Privacy protects harassers, but visibility undermines them.
- Make honest, direct statements. Speak the truth (no threats, no insults, no obscenities, no appeasing verbal fluff and padding). Be serious, straight forward, and blunt.
- Demand that the harassment stop
- Make it clear that all women have the right to be free from sexual harassment. Don't respond to the harasser's excuses or diversionary tactics
- His behavior is the issue. Say what you have to say, and repeat it if he persists. Reinforce your statements with strong, self-respecting body language
- End the interaction on your own terms, with a strong closing statement: 'You heard me. Stop harassing women'
Reporting Dowry Harassment
What should your complaint include?
- Details of marriage including wedding card, marriage certificate, photos, videos etc.
- Name(s) of accused persons and their details like addresses and passports etc.
- Details of harassment like duration, time period, place and type of harassment.
- Details of demand of dowry, if any
- Bank statement, if you have drawn dowry from the bank
- Details of the cheque if you have paid the dowry in that form.
- Details of the person to whom it was handed over.
- In case of physical violence, details of injuries and type of weapon.
- Doctor’s prescription or case sheets of the treatment of such injuries.
- Details of the elders who had arranged the marriage and who tried to patch up the differences.
- Places where the mediation/counseling sessions were held
- Details of witnesses, especially independent witnesses and your own children.
- Any written agreements during marriage.
- Details of gifts in the form of movable property like jewels/cash/garments/ vehicles and immovable property like plots/flats.
- Any written/voice communication between the partners, the victim and the parents in the form of letters, emails, voice records etc.
- Reasons for the delay in lodging the complaint, if any.
- Signature of the victim and contact number.
You have the following rights
- Assistance of protection officer, service providers or the other in charge of the nearest PS in registering your compliant and filing an application for relief.
- Receive protection for you and your children from act of domestic violence.
- Right to measures and orders protecting you against the particular danger or insecurities you or your child are facing.
- To stay in the house and to seek restrain an other person residing in the same house, from interfering with or disturbing peaceful enjoyment of the house and the amenities, facilities therein by you or your children.
- To regain possession of your Stridhan, jewellery, clothes of daily use are other household goods.
- To get medical assistance, shelter, counseling any legal aid.
- To restrain the person committing domestic violence against you from contacting you or communicating with you in any manner.
- To get compensation any physical or mental injury or any other monetary loss due to domestic violence.
- To file complaint or application for relief under the act directly to the court.
- To get the copies of any statements recorded by any authority is connection with domestic violence.
- The assistance of protection officer or the Police to rescue you from any danger.