 friends and amongst us we have one of our most popular resource person Justice Roshan Dalvi who is a former judge from Mumbai High Court and as such those who have been connected with us they need no introduction of her and be that as it may those who have not been her judgment spent down and his YouTube sessions not only on beyond-law CLC but on different perspectives of law have always been well received and the most fascinating part is that you make a request to her and she's always willing to share her knowledge and that too on different perspectives we received off late on WhatsApp as well as on YouTube requests that we should do something on domestic violence so we thought who else could make the session more insightful to the aspects of domestic violence the substantive law and what are the journeys in that how do you understand that that is the basic message which everybody not only is a lawyer but like to understand but also the person that's it the actual practice and substantive law is what is being taken forward at late night but we know the advance Justice Roshan Dalvi is there people will always get eliminated with the knowledge the way she decimates I would request ma'am to take things forward go to you ma'am President Vikas and Indian friends I have come today for the best topic of domestic violence quite often when I speak about domestic violence and before I speak everything about domestic violence I find that I am attacked I hope I'm not attacked today and I would like to take you through some little history of domestic violence in various countries first how it is how it has come about and how it is being received now okay but at present the new forms of domestic violence is what also I will tell you about and then we will go to our legislation so it is said that for some of the women the most dangerous place in the world is their home that is because those women are subjected to domestic violence day in and day out and I might tell you that once a violator always a violin this is a kind of power play it is that I am the boss and you are my servant and therefore I will treat you as a chattel or my servant and that leads to physical domestic violence now when we are going to talk about domestic violence though there are many forms at present and initially I will talk about physical domestic violence only which was there before our domestic violence act was enacted and when we were on 498A 302B 306 and all of those sections of the IPC which were used interchangeably depending upon the facts of each case so now to take the kind of domestic violence that is in other countries to make us understand how it is in our country and to come to the conclusion that it is universal it is so universal that I might say that if we go to Antarctica and settle down all of us there will be domestic violence in Antarctic outs this is the basic human nature that comes to the fore okay so we begin with UK because we take most of the laws of UK and we have taken the domestic violence act also from various legislations in UK in UK it is taken very it was taken very lightly they say that the data shows that after 32 beatings a woman goes to a police station when she goes to the police station the first of all the police don't believe her they tell her that this is a domestic matter when you don't have to come to the police station and when she insists she shows some injury etc then they call the husband and they tell both parties to settle if then they find that there is a good case and there is no kind of settlement between a husband and a wife possible then they say okay we will register the case to register the case they've got the CPU the crime prosecution unit which may say that no I don't think it's worth it so they don't register they send her home and if they register then when it goes to the crime prosecution unit they will decide whether they should settle that matter by some kind of plea bargaining or they can prosecute which will result in some kind of conviction because they are very keen on conviction they are not like us that you know you just file anything and then we say that 97 percent is the equity rate it's not like that there now when the matter is prosecuted and it goes to trial then there may be an acquittal or a conviction if there is a conviction then there would be sentencing or fine or both now I think you would know that in England unlike in India there is nothing like minimum sentencing Macaulay and his wisdom gave us the minimum and the maximum to keep us within bounds but there one judge on a given case and that had happened in a rape case an identical almost an identical no cases are identical but and in a very similar case one judge let out the accused on caution and the other judge gives seven years so in domestic violence cases also it begins with caution and then there is a fine and then there is a sentence of some months or some years and it can be just anything in the discussion of the court in one matter when I was studying in England and when we were told and we saw it on films and shows etc it was that a woman's two ribs were broken there was that much of physical violence and the judge let out the accused on 200 pound penalty because there was a conviction that when she proved the case beyond reasonable doubt and after that this was the sentence so the husband goes out of the court and tells his wife that at the rate of 200 pounds I am capable of breaking a couple of mortgages this is the position in England now we go to the USA and what is the position we know from the OJ Simpson case OJ Simpson the great football player he used to abuse his wife over a period of years he was once let out on caution he was on probation and then thereafter the probation period was over he was beating up his wife to kill her she phones the police and she's screaming on the phone but the police tell her that why don't you understand and settle with the husband and see what the husband wants she was killed her friend who used to sympathize with her and who was with her was also killed OJ Simpson of course was let out afterwards by the jury which was largely a black jury he was a black but the point that I'm making is not about the jury tired the point that I'm making is that a woman phones the police station 911 and at any time you phone 911 in so many kinds of offenses immediately the police vans come but for domestic violence it never came until the woman's body was taken out that is America for you then we have India in India when we as we come into the east and then we'll go further to the east in India we do not have physical domestic violence by stabbing strangulation or suffocation which happens in the west in India we are very clever so we have a very clever way of willing away with our wives we take help of one person usually it is the mother-in-law sister-in-law whoever because it's in the home one person the husband also lights a lamp a light lights a match and the other person throws kerosene or petrol on her and sets her aflame and she dies of septicemia and various wounds from the burns this is our style the Indian style of wife killing I would call it femicide because it is a kind of home site only of the wife now friends other case other countries in the east are no better we have Cambodia where when there is a domestic violence case the woman is told not to go to the police station the police station says go back home the relatives of the accused hear her story and then tell her to forgive and the whole case comes to an end in Fiji island there is a system of bulubulu bulubulu is that they do some kind of ritual that there's something wrong with the wife or something wrong with the husband they must get that out of their system and they themselves forgive the husband so there is no case reported now friends we find that this is such a universal problem from the west to the east this was so when it was only physical violence was considered to be domestic violence but then the united nations came up with a definition of domestic violence which we have adopted in our domestic violence that much later and now we have not only physical but mental emotional psychological economic sociological all kinds of abuses and violence now for example taking away the salary of the wife and not giving her anything to live on or to enjoy is economic violence going out with another woman is mental violence not going out with the woman is also a kind of with the wife is psychological violence there are various such kinds of violences now what happens in India when there is the case of domestic violence and I am taking not only physical domestic violence first but the most grievous types of physical domestic violence which lends up the woman in the hospital and she ultimately dies in most of the cases she rarely comes out from there the husband says it is an accident that is the defense she was working on the stove the stove got her sari caught fire and she died now there are three things to this one is this accidents happen only with daughters in law never with mothers in law and sisters in law I wonder why the second is if we go to any hospital which is a municipal or a government hospital where casualty cases go you will find that most of the persons in the burn ward are wives within seven years of marriage young women generally whose marriage has broken down and that breaks down within a course of some years otherwise I suppose this would not happen to a woman like me and I wonder why people don't realize that only wives and women are there who have got these kind of burns burn injuries the real worst kind of domestic violence Sudha Murti has written about various topics including domestic violence and she says that I feel to understand why if it is a case of an accident if there is a stove burst she the title of her chapter on domestic violence is stove burst or dowry death question now so she says that with a stove burst how is it that the manufacturer of the stove is never brought in the dog nobody ever no no prostitution case has ever resulted in finding out what has happened to the stove what was so wrong who was the manufacturer and etc etc but I would go one step still ahead and I would say that when there is this accident what is the conduct of the husband and the in-laws they never come to the hospital they never care for her they phone her parents and call them and say that she has got burned because she's met with an accident and she's in so-and-so hospital so-and-so what you may come now let us take this quick case of an accident on the road there is no domestic violence the husband is not violent the wife suffers from an accident on the road what will the husband do the husband will rush her to the hospital he will be by her side he will record his complaint he will want to get compensation from the rash and negligent driver all these things never happen in domestic violence cases so you see friends when we talk about domestic violence we talk about these kind of violence and when we talk about them all our sympathies would go to them I would like to know a single man who is listening to me who would not sympathize with our wife of this nature after I've spoken to you about what women go through in this kind of violence once I was called by doctors there were some doctors in municipal hospitals who felt that this was really too much because the statistics show that seven out of ten cases are of this type that is our statistics for the cases which are pending so these doctors in the burn week which is sometime in October they have some kind of movement for these kind of women and once they called me at the seminar and they were asking me ma'am what is it that we can do to see that these cases are at least lessened if not all over and I told them just try and see to it that the stoves are taken away kerosene is taxed a lot and gas is taxed less and is available to everyone so when we have gas cylinders or natural gas at home through pipelines these cases may not be there because mostly it is the storm worst cases now after the prime prime minister's initiative in our giving up the subsidy I don't know if it has made a great difference I am by that time a retired judge and I don't know about the statistics of the court but you all can find out whether about 10 years ago there were many more cases than they are now or not or maybe that is because of that subsidy or at least now aside from this kind of gruesome violence some women are locked up so when wives also can be locked up there was a nice American movie called room it was taken from the book room and it dealt with a husband who was a kind of a psychopath who kept his wife and her child in the basement in a tiny room and he used to abuse them and he never gave them food and things like that until the wife somehow made the child go in a blanket on the pretext of it being having fever and telling the husband to take the child to the doctor because she is not allowed to go out and then she had told her child to as soon as he comes to the signal where he will turn left or right to shout screaming or come down and roll out and the child did that and he was caught and then he was given some several years of imprisonment when I heard about this story I read in the papers that in Haryana there was a woman who was kept in a toilet it may not be a very small toilet it may be a kind of a public toilet for over a year she was a absolutely emancipated when ultimately she was found these kind of abuses are also rampant one of the worst cases was of Aruna Shanbak in Maharashtra she was a nurse the ward boy came to rape her and because she was a protestant he tied her up with a dock chain and ultimately he wanted he I mean it resulted in brain damage he was convicted for seven years of attempted murder but not of rape she remained in a vegetative state for 41 years of her life she was in the hospital only and all the nurses for four decades took care of her Pinky Virani who had written bitter chocolate on various kinds of domestic abuses and child sexual abuses applied on her behalf for euthanasia the court ordered some kind of a report from the doctors and the doctors gave the report that she was not brain dead and her petition was dismissed Aruna died in 2015 after 41 years of that torture and that man was let out after seven years now friends Afghanistan is completely different from all of these countries that I told you and the way they treat victim women is also completely different so when there is a domestic violence case they put that woman in the woman's detention center ostensibly to prevent her from being violated so she cannot go out that is what happens there now I will tell you that knowing about this kind of domestic violence and you know men beating up because they are drunk or beating up because they want dowry or some such thing I was conducting a paralegal training years ago and what we did was no and we came to realize that these women the completely ordinary women of lower middle class or poor women they don't even understand what are their rights they were telling us so we were appalled and we told them that look if you make a mistake doesn't mean that he has to beat you up he has to tell you and you have to say sorry and you have to not make that mistake you have to rectify that mistake that's all you are both equal partners so what we did was we gave them a piece of paper and a pencil and we told them you write down whatever you are doing during the course of the day they were all basically housewives or domestic helps or somebody would be doing some stitching and you know it was on that level and we were trying to give them some kind of empowerment so they wrote various things that they do washing clothes make ironing clothes making tea making coffee food is that for them some 11 to 14 things they wrote then we said okay keep this paper with yourself turn the paper now write down what your husband does during the course of the day and somebody was staring at us now do we know he goes to office that's all he said write whatever you want some women wrote that he takes my child to the school bus some said that he irons the clothes some said that he takes the tiffin when I pack it or something like that but generally it was that he reads newspapers he watches tv and he goes to work so we said okay now keep this paper with you and next time your husband comes to beat you up show him this paper and tell him that I do all these things and then turn the page and show him that he does all these things should he beat me up ask him so they realized how illegal it is to beat now I was a family court judge I was also a criminal sessions judge before I became a high court judge and at all levels I came across all these kind of matters so in one of the family court matters I brought the husband and the wife to my chamber to think to see whether that matter can be settled and the wife says that madam and I had decided with my experience of criminal jurisdiction that if once a while later always a while later as I told you and if such is the case stop all kinds of mediation and settlement and first break the marriage then you settle for aluminum maintenance whatever that is but you can never send her to that man and usually those men insist that the wife comes back to her to his house and he says I will maintain her tell her to come back so people get carried away sometimes even counselors get carried and they send a wife and then have been reported cases of the wife having been murdered till after she goes back so never ever do that because we don't want blood on our hands so when this girl that this lady told me I cannot go back because he beats me I was angry and I told how can you beat her up so he tells me she will not come back to you and you will have to pay maintenance because she has rightfully gone so you see these are the various different perspectives of the same case I prevented that case from going to the criminal court or so I think now what we were having is always criminalization of this offense and it is criminal there is bad trade there is assault there is various hurt there is an attempt to murder whatever it is and then we got 498 a which is also a criminal offense that is cruel and of course then after I mean in 1983 there were further amendments to the evidence act and the IPC and all that and you know about that but what people realized was that this is a relationship which can come to an end you see when you have any other kind of offense like murder or rape or something you can't bring it to an end it is committed and that's it okay but you know marriage can be brought to an end when there is a lot of violence in that marriage so this criminalization was sought to be reduced and we gave it a civil color and then in 1984 we had the family courts act and that was established much later on and one of the first was in Bombay which was in 1989 and then thereafter in various parts of the country and thereafter in 2005 we got the domestic violence act where we have a quasi-civil and quasi-criminal jurisdiction so under the domestic violence act you can have a right of residence you can have maintenance you can take care of your children and have orders for custody custody or access orders for compensation and various things so the husband may not be sent to jail except of course if there is this kind of a physical violence and there is a criminal conflict separated now why did we have at all anything criminal it is because of the jurisdiction of the courts women come from small tiny villages they suffer as much as women in south and south Bombay and south India but where will these women go so therefore in the domestic violence act we said she can go to any magistrate's court because magistrate's court are in all taluka places that is why a woman can go first to the magistrate's court but she may not go first to the magistrate's court she may go first to the family court the husband may go to the family court to sue for divorce and she may make an application for let us say interim maintenance and then make an application that i want to be protected against violence and let there be an injunction so it runs both ways wherever she can she can go that is how there is section 26 in the act which we will come to later when we do the entire act but this decriminalization has brought out mediation in domestic violence now mediation is very interesting and very important because there is pre litigation mediation also there are many women when i was a principal judge of the family court and i started pre litigation mediation women were coming to my councillors and saying that i've received this notice etc or even without the notice that look i've come to this court because i think i'll get something here he beats me up and can you do anything so then my councillors would call the husband and see if it could be settled etc then the government came out with a notification that mediation can be only after you've gone to the magistrate's court chief justice nohcha and i sitting on the bench in the high court we set aside that modification and we said no mediation can be at any given stage because the whole purpose of mediation is to protect the woman to stop the violence to get some kind of peace into the family and to set the man free if he wants to do so we had called upon various groups of NGOs much less lawyers collective and of course the petition was taken up as a super motor petition on the letter written by a professor in iLS college who had who was running the mediation centre and they all said that many matters do get settled when we tell husbands about how wrong this kind of thing is or if there is no serious physical violence then we try to patch up so we made only one exception and again that was serious physical violence where of course the because of the violence you could file a DIR go to the magistrate's court and if she goes to the magistrate's court first there must be some modicum of an order otherwise this violator will try to delay to go on beating or violating her and never mediate never settle afterwards in mediation so only that and otherwise of course there are many many matters where there is not this kind of violence and they can put an end to the marriage very eminently and see that both parties get their dues what they want now when we had this decriminalization and we thought that civil work would be better than they came upon Nadiya Dalits this is our history that i'm telling you Nadiya Dalits have worked very well in certain jurisdictions not in urban areas where they're not they'll look down upon they don't have lawyers women understand the position of women and try to settle those matters or eminently sort of you know part them there then came the police and we have Mahila and Shishu Desk now in all police stations we have some all women police stations they started in Kerala in 1973 inaugurated by Indira Gandhi but thereafter it was realized that they are not really having any spectacular function and a part of the police station is now used for women and children's cases where police also try to set okay a very noble initiative last that we have had is what is called insafi dastak it was started by justice Geeta Mittal chief justice of the Jammu and Kashmir High Court and what she did was to give access to justice to these women in the most easy way now in every village and especially in Kashmir where she was you know villages are segregated because of snow and all that in about half the year and of course there is a lot of ignorance there is a lot of illiteracy there is a lot of poverty women cannot go out of their villages but in every village they cannot even access the magistrate's court that is what was realized by her and but they every single village will have at least one post office the grocer's shop may double as a post office in some villages but it is there so all the villagers know that if they have to send a letter outside they have to go to this grocer's shop and it doubles as a police as a post office so what she did was that she made it clear to the women that they can launch their complaints of domestic violence with the post office and she made arrangements for all the post offices to be linked to the police stations so that the post office will then forward the complaint with the police station and then the process would start a most noble initiative and really what was the ground realities that was thought one very interesting thing that most people don't know about is that there's something called skin donation just like we have eye donation that donation takes place when we die when each one dies the eyes can be donated and that most of us now know and quite a few of us also donate eyes a very good gesture but we can also donate skin and in India it would be a very worthy donation because there are so many women who want skin grafting because their skins are burnt and if they survive after septicemia then they would want some kind of grafting okay now we come to the last of our history mainly now starting in the west again and that is you can say electronic domestic violence how that happens is suppose a woman goes out of the house and takes shelter somewhere because she is violent she is kept in a hotel these men they try to find out merely by asking the reception the name and they go and abuse her again and violate her again so now there is a software called reload share and in that the NGOs have made certain kind of arrangement with various chains of hotels to allow domestically violated women to be registered under an alias so that the husband cannot find her but there is smart phone technology not smart phone i'm sorry smart home technology ac is digitally switched off doorbells are digitally made to ring at every interval of 10 minutes half an hour whatever certain gadgets are disabled and this is how also women are violated this is this kind of harassment mental torture that comes about with technology and only technology can save technology so therefore you have to change the wi-fi password you have to to destabilize the gadget from whatever is the system that is running and it's not very easy to do because there is only one electric connection for example for the fridge or things like that and this kind of things go on the last thing the history is COVID one would have expected that with the lockdown the whole family will come together the whole family will for once be together for a long time because husbands don't have time and wives are also working and things like but the families didn't come together now husbands was very much frustrated and bore down upon their children and their wives and there was a lot more domestic violence reported during COVID and during the lockdown than before in Bombay they have given now a separate hotline number 181 to domestically violated women to call the police all women don't even know about it this is the history in various countries from time to time and up to our times of domestic violence I have written about most of this in my book woman her trials and triumphs and I've stated that at many times in this kind of lectures but when we have to deal with domestic violence act then we have to go not with actuals of what is happening but what is the substantive law and that you will have to find out whether it is so different or so I like so because if you can allow me to share this have you got it okay yes yes it is on that only but I can see my face and your name that's fine fine oh fine so friends now let us go to the legislation now the first thing is what kinds of domestic violence do we have these are the usual types okay now many people say that there is a lot of abuse and I tend to agree up to a point yes there is but a woman like me may be able to abuse if I want to abuse a woman like the women I told you who land up in hospitals etc are not able to abuse they are only abused and those women do not even speak up like you and I can do so therefore they speak the same language of silence they are the least fortunate of the people now what are the relationships that end up in this kind of violence okay these are the various relationships let us see what are the illustrations of domestic violence I hope you can cope up with this speed I have taken all these from various cases then let us understand what are the responses to domestic violence now in the psychological responses we have various things of this she gets she is she lives under trauma in a condition of hopelessness anxiety fear he will come again he will knock on the door he will come to me and he will beat me up again and then anger sleeplessness depression all of these kind of things happen to her which are really realized our society is such that we look down upon the victim first so there is this kind of isolation loss of dignity a lot of safety or she's the woman who has been beaten up etc and of course loss of marriage whole job family these are the things that she goes through from black eye to burns to disability fractures pain and even there is physical sexual violence then there could be forced pregnancy miscarriages and abortions she may suffer from HIV because of that cuts losses etc they say that the domestic violence has led to lower GDP also because of domestic violence and it is gender-based violence the GBV which is one of the United Nations prerogatives to remove gender-based violence they say it leads to decreased productivity even GDP wages are lost because the woman cannot go to work she takes leave their financial costs their health costs all that for her so it is not only that when there is domestic violence the she is beaten up but there is a lot more to it which must be understood then only you will be able to realize what violence is so now we come to what we do for her sake so sanctuary which should be preventive and we have this protection orders women centers etc that is precisely what the act is all about and if that does not work then of course sanctions so then there are orders under the act ostracizing punishment punishment even criminally now when we respond what do we require for domestic violence in infrastructure all of these things would be required we require mandatory arrest of the violator specialized police women police stations that is the mohila and she should ask victim centers now this victim centers is what we don't have I have seen victim centers like three-star hotels in England and that is where the woman who has been violated or who has even been sort of you know who wants divorce or who has been raped or anything like that any kind of crime relating to women they are put there for as long as the woman wants there her statement is recorded there her medical examination takes place her TIP if it's required takes place her video recording audio recording everything takes place and then she is given counseling and allowed to rest those are the kind of centers they have then of course there are special courts which we also have and video recording of investigation now it can be done in every single matter and of course then we go to 164 cases etc whenever required and video conferencing of trials also can now take place if you and I are today talking we can do that even for the cases so that is infrastructure now infrastructure up to a point is there with us up to a point is not there with us but even if there is no infrastructure if we have sensitivity then a lot can be done so we have to be trained our police officers medical officers prosecutors and judges into sensitization of the domestic violence issue now the legislation what happened is that the UN legislation UN passed its own definition first and then we got all of this in our legislation so we have different kinds of domestic violence even stalking is domestic violence if the husband stalks the wife that is verbal abuse is in many many cases it's mental torture all this can be domestic violence what do you do all these various types physical mental sexual verbal economic emotional and psychological all of these things make up domestic violence now this is the distinction 498 a when it was from 1983 onwards it was cruelty cruelty would be mental or physical so willful conduct to cause injury to driver to suicide and harass that is mental under section three we have all of these so act omission permission to consider all of these kinds of appeals considering the overall circumstances now the comparative legislations you must understand in USA there is the violence against women act that is more or less like a domestic violence act it is naturally for the ground realities of America victims of crime act is the one for representation of victims all sorts of things not only domestic victims in the trials at all stages in UK they don't have a separate criminal act like the domestic violence act they have domestic violence crime and victims act then housing act for the residents of the women then protection from harassment act which is sort of before the harassment becomes too much and the woman has complained and then she's given some protection it's like our pre litigation mediation and very interesting act forced marriage act which is mainly for Indians, Pakistanis, Bangladeshis all of those kind of people who are forced into marriages and then they suffer domestic violence so that that can be stopped now the features of our dv act interesting one is it is interventionist in approach so anytime you know you can do mediation you can go to a service provider and anyone of the service providers or the parties or the magistrates can help you okay it is temporary in the sense that domestic violence being a crime which can repeat itself which may which may again show some other color at that time when the woman goes some kind of order is passed that doesn't mean that that is the last one it is summary so we don't require a very great deal deal of trial in that it is usable for immediate relief like for example compensation if a woman goes and says look I've got a fracture I've got a black eye immediately she can be given compensation for the injury she has suffered it recognizes relationships not status I first only showed you which are the kinds of relationships that would come it may be even a relationship of an adoptive parent for example an old parent a senior citizen or any such thing who can be domestically wired mainly of course it's a wife it considers possession but not overshadowing and that is like the matrimonial home concept that we have in our civil jurisdiction so that when there is the parties who have lived in it then that house is given to the woman she never becomes the owner she may get half the house it can be partitioned or she may get another alternative remedy now under the domestic violence act section 19 where another house can be given to her so that that house remains with the husband and then violence stops oh sorry now the investigation if there is a criminal case then what is required video recording of the victim statement is required photographs maps etc are very important photographs of the victims injuries and sometimes suspects injuries also would be very material in one matter the woman when he came to beat her up at one time turned his fingers and he suffered a fracture but that was in self-defense so that injury also was seen medical reports of these injuries is required and of course forensic evidence then there is this support the support the under the domestic violence act we have various support services prevention services for employment training all these things are required for domestic violence victims self-defense classes are also very important because you see it so happens that a woman can empower herself there is one Indian woman who is in California and she is conducting courses in some kind of mixed martial arts to prevent women from being violent I've written about that her also in my book and then of course I told you about this litigation pre litigation mediation this is by service providers counselors etc and it was in this case that we had passed the order setting aside the government resolution and of course post litigation mediation is also there to stop the violence to let the parties separate and then to see how the marriage can be closed amicably now the authority is under the act now I've given you the sections I won't be able to say that of course but these are the authorities magistrates protection officers service providers police officers welfare experts they provide this social justice okay and they have these duties magistrates duties what must magistrate do so I've given under section several sections of the domestic violence act what are what is the role of the magistrate and what are the duties you have to inform the agreed person the rights to but as soon as of course the magistrate comes to know the person comes and shows that this is it then the magistrate says well these are your rights and these are the services which are there you may go to the service provider upon this application the fixer date application within 60 days that generally doesn't happen direct notice of the application by the protection officer to the respondent within two days that happens and that must happen immediately he goes to the husband and send a copy of the order to the party then the duties of other officers protection officers and service providers again I've given you the sections which you can read up the it is to inform the great person provide shelter very important because the woman must be taken out of that situation that is extremely important so this providing shelter we don't know how sometimes ramshackle the shelters are but that is akin to the victim centers that I told you about which I saw in England then to provide medical aid because quite often there are angels to provide them to assist the magistrate to make the DIR so if a woman is not represented then the DIR is made after an inquiry and to see what has gone wrong with her you have to apply to the magistrate on behalf of the agreed person without representation for the protection of if of course the woman is represented then there is no need for protection officers and service providers then she may make an application by it now the other duties of protection and service officers do the lead list the service providers now they have found out the system that all the service providers with their contact details are kept in all the magistrate scots so that if a woman is told that you can go and find out from the magistrate scott she will find out she wants to ensure compliance of the order for monetary reliefs so once you get the relief of maintenance or compensation also then the service provider will be seeing to it that you get it and maintenance orders of course have to be executed under section 28 of the act then they serve the notice upon the application declare service and any other things which the magistrate tells them to do now police officers these are their duties under the DVF again informed then protection police have to grant even protection sorry police have to grant protection not only prosecution and punishment you have to provide counseling and implement the protection order if it is passed now these rights are under the law right to information so it is a corresponding right the duties of those persons and the right of the victim the right to obtain reliefs matrimonial home so now we have got something like alternate accommodation and all of those things and this is available not only to a wife but also to a living partner right to free legal aid that is provided of course now in all the courts right to file a complaint because after all this when she comes to the magistrate's court she may have to yet file the complaint so she is helping that the right to get shelter and to receive medical aid now who are the beneficiaries under clear spouses or the wives partners but only female adolescent and young adults that is the female for dating violence parental violence etc and the poor and the illiterate mainly they act this for that and they have found out in statistics that between 16 to 14 they are the most number of victims now the bail requirements if it's a criminal act the bail requirements history of violence must be told level of injuries must be shown that is by the prosecution and the police whether it is happening in private or public and what happens with the children sometimes the children actually see the domestic violence and the children are so frightened of the father because they say they will he will bear down upon us also then the considerations are mensria or ectisria and victimology victimology is very important and victimology includes victim protection victim representation victim rehabilitation and victim support that constitutes the doctrine of victimology so now what are the reliefs that we can get under the DV act one is counseling you may just read this these are the various kinds of injunctions okay so all these are the reliefs I will not tell you the sections of course where I've given you you might take this from the presentation if you want and these are the various orders that can be passed these are the desired changes which of course may come about or may not you have to shift the burden of proof and presumption in some cases and that is much like section 29 of coxswain when I would say that in the case of abetment to suicide abetment to commit suicide or in the case of actual suicide the under section 304 b the wife has to prove that there was cruelty after she is no longer in this world because if the prostitution proves that there is cruelty then only there will be a conviction that must change at least when the woman has died because even if some women abuse the law a woman will never want to die and actually die to spite the husband she wants to live and show him that she can live if she wants to abuse so those kinds of cases are different I've written about that also in my book judicial precedence oh sorry judicial the changes would be by way of precedence by way of sentencing policy social changes would be confiscation of all stores I hope they do that always now that there is this giving up of subsidy and the gas presumably has become cheaper for them whoever are the women for us it is not cheap then lifting of the kerosene from the market providing the gas connection free on all ration cards this would be a kind of a social change required and the cultural changes don't dumb daughters now this is what I would say requires judicial notice that when there is violation it always escalates it always repeats itself you don't have to say that he might meet me again tomorrow night it's not like that it is always so therefore I said once a while later always a while this becomes a habit injuries you must remember they are seen later pain fractures etc you know immediately as soon as you lost a company you may not even find out that there is this kind of thing and it may it may come about some kind of stack marks etc the owners of proof you must understand when it should shift conflict of interest now quite often women have this conflict of interest because if she has children and if she feels that she will get out of this relationship then she will never be able to see her child again so special child protection measures would be required this is what I told you already we told them and that paralegal training to do we can do that at many times to find out and I hope we can hear those who cannot shout and we can listen to those who cannot speak because we are listening much to those women who abuse and I may say that most of the courts do not contend in such abuse men are acquitted women are not given their applications or whatever reliefs that they are asked for that does happen but because that happens is not the reason that you don't have the law for those women who cannot take care of themselves so therefore we should hear those who cannot shout and listen to those who cannot speak thank you friends you explained all these issues and the way you have summed up that one can listen to cannot speak and one can hear who can see these all aspects and that too at a late night when people are watching it with such a pleasure I think people will actually be enriched the way the substantive law has been explained by you and since it's late night we will not take any questions as such thank you friends stay connected with us and we are always indebted to justice roshan dalvi who has been sharing her knowledge continuously and we want that she should keep on sharing with us thank you friends good night and thank you ma'am once again thank you good night all the best to you and all the best to all those women thank you