Last Change:

12/29/2024

The Domestic Violence (Prevention and Protection) Act

Year: 2010

Type: Domestic law

Rights Category: Liberty & security of person, Social protection, Family life

Description

As a signatory state of the CEDAW and CRC and to establish equal rights for women and children guaranteed in the Constitution of the People’s Republic of Bangladesh prevention of domestic violence, protection of women and children from domestic violence and for matters connected therewith or incidental thereto, Domestic Violence (Prevention and Protection Act was enacted in 2010. The Act applies to all persons including refugees. The Act defines "Domestic Violence" to include physical, psychological, sexual and economic abuses in Section 3 in line with the international standards. It narrates the duties and responsibilities of the Police Officer, Enforcement Officer and Service Provider under chapter III. The Act also details out the rights of the Victim and the Court procedures in dealing with such cases. The offence committed under this Act shall be cognizable, bailable and compoundable.

Selected provisions
Section 2: Definitions

In this Act, unless there is anything repugnant in the subject or context -
(4) "Child" means a person below the age of eighteen years;
(5) "Custody order" means an order granted under section 17 of this Act;
(6) "Domestic violence" means any act as defined in section 3 of this Act;
(8) "Family" comprises of those persons who live or have, at any point of time, lived together in a shared residence, when they are related by consanguinity or marriage or adoption or member of joint family;
(9) "Family relationship" means a relationship between two persons who are related by consanguinity or marriage or adoption or member of joint family;
(15) "Safe place" means any home or institution maintained or managed by any person or agency or organization approved by the government or which is considered as safe place for victim by the court;
(16) "Shared residence" means a residence where-
(a) the victim lives;
(b) at any stage has lived singly or along with the respondent in a family relationship;
(c) which owned or tenanted either jointly by the victim and the respondent, or owned or tenanted by either of them;
(d) which either the victim or the respondent or both jointly or singly have any right, title, interest or equity;
(e) which may belong to the family of which the respondent is or was a member, irrespective of whether the respondent or the victim has any right, title or interest;
(17) "Shelter home" means any home or institution with residential facilities maintained or managed by the government or by private organization, where victim can stay safely on temporary basis;
(18) "Victim" means a child or woman who is or has been or is at risk of being subjected to domestic violence by any other member of the family to whom a family relationship exists;
(19) "Women" means any woman irrespective of age.

Section 3: Domestic violence

For the purpose of this Act, domestic violence means physical abuse, psychological abuse, sexual abuse or economic abuse against a woman or a child of a family by any other person of that family with whom victim is, or has been, in family relationship.
Explanation: For the purpose of this section-
(a) "Physical abuse"- that is, any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the victim and includes assault, criminal intimidation and criminal force;
(b) "Psychological abuse"- that includes but is not limited to:-
(i) verbal abuse including insults, ridicule, humiliation, insults or threats of any nature;
(ii) harassment; or
(iii) controlling behaviour, such as restrictions on mobility, communication or selfexpression;
(c) "Sexual abuse"- that is, any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of the victim;
(d) "Economic abuse" that includes but is not limited to:-
(i) deprivation of all or any economic or financial resources or property to which the victim is entitled under any law or custom whether payable under any law or custom or an order of a court or any other competent authority;
(ii) not allow to use the articles of daily necessities to the victim;
(iii) deprivation or prohibiting the victim from applying legal rights to her stridhan or dower or alimony or any consideration for marriage or any property owned by the victim;
(iv) transferring without consent of the victim or prohibiting the victim from applying legal rights to any assets whether movable or immovable owned by her;
(v) deprivation or prohibiting the victim from applying legal rights to continued access to resources or facilities which the victim is entitled to use or enjoy by virtue of the family relationship.

Section 4: Duties and responsibilities of Police Officer

A Police Officer, who has received a complaint of domestic violence or is otherwise present at the place of an incident of domestic violence or when the incident of domestic violence is reported to him or her, shall inform the victim-
(a) of her right to make an application for obtaining a relief by way of any orders under this Act;
(b) of the availability of medical services;
(c) of the availability of services of the Enforcement Officers;
(d) where applicable, of her right to free legal services under the Legal Aid Act, 2000 (Act 6 of 2000);
(e) of her right to file a complaint under any other existing law; and
(f) other duties and responsibilities prescribed by the government in this behalf.

Section 5: Appointment of Enforcement Officer

(1) For the purpose of this Act, the Government shall, by notification in the official gazette, appoint one or more Enforcement Officers in each upazila, thana, district or in a metropolitan area and shall also notify the area or areas within which an Enforcement Officer shall exercise the powers and functions conferred on him or her by or under this Act.
(2) The terms and conditions of service of the Enforcement Officer shall be such as may be prescribed rule.

Section 6: Duties and responsibilities of Enforcement Officer

(1) The Duties and Responsibilities of Enforcement Officer shall be as follows:-
(a) to assist the court in discharge of its functions under this Act;
(b) to provide report to the court regarding domestic violence;
(c) to forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction the domestic violence is alleged to have been committed;
(d) to make an application to the Court, if the victim so desires, claiming relief for issuance of a protection order;
(e) to take necessary steps so that the victim is provided legal aid under the Legal Aid Act 2000 (Act 6 of 2000), and make available the application form along with other facilities free of cost;
(f) to maintain a list of all legal aid and human rights organization or psycho-social counseling services, shelter homes and medical facilities within the jurisdiction of the Court;
(g) to refer the victim to a safe shelter home if the victim so requires and forward a copy of a report of having lodged the victim in a shelter home to the police station and the Court having jurisdiction in the area where the shelter home is situated;
(h) to refer the victim for medical examination if required and forward a copy of the medical report to the police station and the Court having jurisdiction in the area where the domestic violence is alleged to have taken place;
(i) to ensure that the order for compensation is executed; and
(j) to perform such other duties as may be prescribed by rules.
(2) The Enforcement Officer shall be under the supervision of the Court, and shall perform the duties and responsibilities imposed on him/her by the Government or by the Court under this Act.

Section 8: Duties of shelter homes

On request by a victim or on her behalf, a police officer, an Enforcement Officer or any other person, the authority responsible for a shelter home shall provide shelter to the victim therein.

Section 9: Duties of medical service provider

On request by a victim or on her behalf, a police officer, an Enforcement Officer, a service provider or any other person, the person incharge of the medical facility in the hospital, clinic or medical centre shall provide medical aid to the victim.

Section 10: Right to reside in the shared home

The victim shall have every right to reside in the shared residence due to family relationship.

Section 11: Application to Court

(1) A victim or on her behalf, a police officer, an Enforcement Officer, a service provider or any other person, can apply to get remedy according to the provisions of this Act.
(2) Every application under sub-section (1) shall be submitted in such form as may be prescribed by the rule.
(3) The Court, shall fix up the date of hearing the victim within 7(seven) working days after receiving the application under sub-section (1).

Section 12: Place of filing application

A petition under this Act may be filed in any court under whose local jurisdiction the following places are situated-
(a) the applicant resides;
(b) the respondent resides;
(c) the place where the domestic violence occur; or
(d) the place where the victim temporarily resides.

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