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Regular-article-logo Monday, 23 June 2025

PENALTY FOR MENTAL TORTURE AT HOME 

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FROM MONOBINA GUPTA Published 06.03.01, 12:00 AM
New Delhi, March 6 :    New Delhi, March 6:  Overriding protests from the men's lobby, the government has included mental torture in a Bill which will outlaw domestic violence. The draft of the Bill covers 'physical, sexual, verbal, mental and economic' violence at home. It does not lay down what constitutes 'mental' harassment, though some organisations representing men had claimed that the ambiguity could be used to find fault with even 'innocuous' taunts. However, officials involved in drawing up the Bill pointed out that the objective of the legislation was to 'protect' the physical and mental well-being of women. The Bill bears the stamp of the draft submitted by Lawyers Collective, with almost all its suggestions incorporated. 'The Bill defines domestic violence as any act, omission or conduct which can harm or has the potential of harming or injuring the health, safety or well-being of a woman,' says the note prepared for the Cabinet's approval by the Department of Women and Child Development. 'Such violence could be physical, sexual, verbal, mental or economic,' it adds. The draft Bill has also widened the concept of 'domestic relationships'. The legislation will be valid not only for married couples but also couples in a live-in relationship. It will cover any couple 'if they have at some stage lived together in a relationship in the nature of marriage, whether or not such relationship is recognised as marriage under the law'. The guidelines will also cover 'mothers, sisters and daughters' in the household, says the note. At the core of the Bill is the role of the protection officer. The officer, appointed by the state, could be an individual or institution, like a non-government organisation, widely accepted by the community and easily accessible. 'On being contacted by a victim of domestic violence, the protection officer can pass a protection order,' the draft Bill says. The order can prevent the aggressor from entering the victim's house or office, selling her property or depriving her of her economic resources and harming those helping her. The order would be valid for two years and violation would be punishable by imprisonment up to three years or a fine that could go up to Rs 20,000 or both. The draft Bill says the protection officer should keep track of 'all' incidents of domestic violence in the area under his or her jurisdiction. The Bill has specified the financial relief the victim would get. This includes loss of earnings, medical expenses, maintenance for herself and for the children, loss or damage of property and compensation.    
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