observed and make a report to Court on the day specified for the inquiry (Interim order) and
every 3 months (Protection Order) S.5 (2)(b) 12 (1)(e). Legislation in other countries like India
appoint a cadre of protection officers to perform this task.
3. Where financial support is ordered and not paid by a person with a duty of support, the
Magistrate can direct the employer of the person to pay this amount from remuneration due
“as financial relief that the Court has ordered.” S. 12 (3).
4. The court can make an order compelling the respondent and any witnesses for the applicant
to appear before the court (S. 15, and Code of Criminal Procedure Act) (1979) or for the
production of any document.
Punishment
Punishment is a last resort to ensure implementation. This is why these proceedings are civil in nature.
Where an Interim Protection Order or a Protection Order has been issued and violated, an offence is
committed. The offender can be tried for this offence in a summery trial before the Magistrate, and on
conviction fined Rs. 10,000/- and or to imprisonment of 1 year. (S. 18).
Privacy
The Act adopts a concept of privacy which aims to encourage parties especially women to access the
relief available for GBV. Consequently publishing the name or any matter which can identify the applicant
or the respondent in the case is prohibited. (S. 20). Printing or publishing any other matter relating to these
proceedings, except a judgment of the superior courts of appeal, is also prohibited (S. 20).
c. Mediation
The Mediation Boards Act of 1988 provides for settlement of certain minor criminal offences and also
civil disputes that involve GBV. The police may in these cases require the parties to settle these disputes
before a Mediation Board established for their respective area of residence. The police will prosecute only
if there is a failure to come to a settlement. Even grave offences such as hurt and grievous hurt can be
“mediated” in this way, though the usual criminal offences that the police forward to the Mediation Boards
are cases of assault and use of criminal force referred to in the section on Non-Fatal Assault. Civil Courts
may also divert disputes to the Mediation Boards. The whole purpose of mediation is to help parties to
come to an amicable settlement and relieve the law enforcement authorities and the justice system from
being burdened by what are considered “minor” infractions of the law. Lawyers and the police cannot
participate and the police is present to merely bring the case to the attention of the Mediation Board, and
record that a complaint has been registered. The atmosphere is informal and encourages the parties to
avoid seeking legal remedies through amicable settlement. [See Annex].
While mediation can be a constructive alternative dispute resolution mechanism, it can also undermine
the value system of the law on serious bodily harm and GBV, creating an environment of impunity for
infringement of a woman’s right to freedom from bodily harm. This can help to legitimize this violence as
a trivial and minor violation of the law when legislation like the Domestic Violence Act and the Penal Code
amendments of 1995, 1998 and 2006 seek to promote zero tolerance for this violence.
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COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS