Compensation Order under Domestic Violence Act
Compensation Orders under the Domestic Violence Act were envisaged, as DV is a comprehensive act to provide all remedies in one application to the aggrieved woman. So, among other things, a woman can also seek compensation for injuries and distress. There are many queries around the same, mainly because the Act does not define the manner in which such compensation has to be decided and what parameters the Magistrate shall follow. Is the object to apply balm to the wounds, or is it to punish the respondent? I also believe that the word injury has the same meaning as in Section 44 of the Indian Penal Code, which defines it as – Any harm whatsoever illegally caused to any person, in body, mind, reputation and property.
So, let’s first look at the definition of Section 22 of the Domestic Violence Act of 2005.
Compensation orders: – In addition to other reliefs as may be granted under this Act, the Magistrate may, on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent. Commentary: The word ‘compensation’ has not been defined in the Act and has broad connotations. The dictionary defines ‘compensation’ as something, typically money, awarded to someone in recognition of loss, suffering or injury. In a legal sense, it may constitute actual or expected loss and extend to physical, mental or emotional suffering. The quantum is at the discretion of the Magistrate, and it would likely depend upon the peculiar facts of each case. In a case which reached the Supreme Court in Saraswathi Vs Babu [I (2014) DMC 3 (SC)], the court thought it appropriate to grant compensation for mental torture and emotional distress caused by the husband to his wife.
Mental torture is a continuous conduct against the complainant by words and deeds which can cause stress, anxiety, depression or fear in her mind. Examples include treating the complainant with ill will, anger and contempt. In specific social schemes, women are not allowed to sleep in bed during menstruation and are not allowed to touch fresh food. This itself can be mental torture if it is imposed against the will of the woman.
Yes. She can.
Unfortunately, the compensation under this section is the compensation for the suffering already undergone. Therefore, there is no question of refunding the compensation amount by the aggrieved woman, even if the respondent is acquitted.
Moreover, the criminal case is, theoretically, between the state and the accused, not between the victim and the accused.
Emotional distress is the consequence of torture. Torture is what the preparator inflicts, and distress is one that a person at the receiving end suffers. The court defines mental and emotional stress and compensation as the consequences suffered by the aggrieved.
No. Compensation can be given to the aggrieved woman only if she applies or any application is made on her behalf with her consent.
2 Comments
Hi, i dont see whether the act mentioned the crime has to be proved or not,.? Does the wife need to prove prima facie or any circumstance evidence for the cruelty happens or just false accuqusation is enough.? foes same applies to HMa 24 pendite lite also..? can you help us.? because all wife put these cases and just give only marriage/child/address proof rest all docs not given at all, how does one proof any torture really happened
Complaint filed by the wife is taken as prima facie evidence and a case is registered.