Indian Law Watch 
Background
Pandemic highlighted several concerns one of them was women locked up with perpetrators of the domestic violence. This issue came before different High Courts of India to provide the required help.
One such matter -All India Council Of Human Rights, Liberties and Social v. Union of India & Ors. [W.P.(C) 2973/2020] was listed before the Hon’ble bench comprising of Justices J.R. Midha and Jyoti Singh. The bench, in its order, directed the setting up of a high-level committee to look into the issues raised in the petition. The petition also noted that there is a huge number of complaints of Domestic Violence have been registered in this lockdown.
A. Laws for Protection of Women
Every woman has a right to take legal action against her husband if she is being tortured both physically and mentally or tortured for not agreeing to the demand of money or valuables (Sec. 498(A) of IPC).
Explanation of Section 498A. — For the purposes of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
If the relations of the husband of a woman or her mother-in-law or any other relatives, torture her and demand money, valuable articles from her parents, she can lodge a complaint against them. (Sec. 498(A) of IPC).
A woman, if she is a witness has a right to be examined in her own house where she resides. (Sec.160 of Cr.P.C.).
If the police tell, the incident does not fall under their jurisdiction, then they can ask them to register a Zero-FIR.
Zero-FIR means an FIR can be filed in any police station (irrespective of place of incident/jurisdiction) and later, the same can be transferred to the appropriate police station.
B. Laws Under the Protection of Women from Domestic Violence
The provisions under the Domestic Violence Prevention Act, 2005 are mentioned below.
The person aggrieved under the act of domestic violence can approach the court as per-
Section 27. Jurisdiction under the DV Act.—
(1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which—
D. Helpline
Various Helplines For Women Facing Domestic Violence/Intimate Partner Violence
| STATE | WEBSITE | CONTACT NUMBER |
| NATIONAL | National Women Commission | Domestic violence helpline-cum-Watsapp number i.e. 7814103253 |
| UTTAR PRADESH | http://www.wpl1090up.in/ | 1090 |
| HIMACHAL PRADESH | Himachal Pradesh State Commission for Women | 9805520079, 9805520097 9736011071
WhatsApp helpline number: 9459886600 Complaints can also be filed on the commission’s email id shimlahpscw@gmail.com. |
| MADHYA PRADESH | INDORE POLICE: Domestic Violence
https://www.indorepolice.org/women-domestic-voilence.php |
1090
Women Helpline Toll-free no. of the state. |
| CHATTISGARH | 181
Women integrated helpline. |
|
| TAMIL NADU | Social Welfare department
https://www.tnsocialwelfare.org/pages/view/women-helpline-scheme |
181 |
| KERELA | Government of Kerala | 1091 |
| KARNATAKA | Department of Women and Child Development (DWCD), along with the Police and the Department of Health | 181 |
| ODISHA | Department of Women and Child | 181
Watsapp number 7205006039 for reporting cases of domestic violence. |
| BIHAR | Women Development Cooperation Bihar | Helpline numbers on the website. |
| JHARKHAND | Ranchi District Administration | The two numbers are 995507955 and 9955589677. |
| WEST BENGAL | State Commission for Women | 9830947247 |
| MAHARASTRA | Privately run number launched by the State Government | 1800120820050 18001024040 |
| GUJURAT | Government of Gujarat | 181
ABHYAM |
| RAJASTHAN | State Women Commission | 181 |
| PUNJAB | Department of Social Security And Women & Child Development | 181, 1091 |
| ASSAM | DIRECTORATE OF SOCIAL WELFARE (WOMEN AND CHILD DEVELOPMENT SECTOR) | 181
Helpline Numbers: +91-9345215029, +91-361-2521242 |
| NAGALAND | 1092
Multi-agency helpline |
|
| ARUNACHAL PRADESH | Government of Arunachal | 1091 |
| HARYANA | 1091 | |
| UTTARAKHAND | Police officials said that women in any emergency situation can register their complaint on the number — 9411112780. | |
| MEGHALAYA | 181
Multipurpose helpline |
|
| MIZORAM | Government of Mizoram | 1091 |
Image Courtesy: Zee News
LEGAL RESEARCHER OF THE ARTICLE MANSI KANOJIYA Legal Intern, Indian Law Watch BA.LL.B Student of Gautam Buddha Unviersity
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