Harassment

Dear Client,
Under the Protection of Women from Domestic Violence Act, 2005, violence includes actual abuse or threat of abuse, whether physical, sexual, verbal, emotional, or economic. Under Section 12 of the Protection of Women from Domestic Violence Act, 2005(PWDV), any woman who is, or has been in a domestic or family relationship with the persons and who have been subjected to domestic violence, can lodge an FIR against him/them at the local police station for redressal of her grievance. Under Section 12(1) of the Act, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may directly present an application to the Magistrate seeking one or more reliefs under this Act that include right to reside in a shared household, protection order and residence order provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider. Even, Magistrates are empowered to issue maintenance orders under Section 20(1)(d) of the D V Act. Apart from this, you can file a private complaint against the persons who intentionally harassed you in the court of the Magistrate under Section 223 of BNSS, which outlines the procedure for a Magistrate to take cognizance of an offence. Upon receiving a complaint, the magistrate shall examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the magistrate. If the magistrate finds sufficient grounds for proceeding with the case, he may issue a summons or warrant to the accused under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. Apart from this, you can make a complaint online (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints) to the Chairperson, the National Human Rights Commission, New Delhi and the State Human Rights Commission along with the Chairperson, National Commission for Women and State Commission for Women who are empowered to investigate complaints related to domestic violence or atrocities faced by women by sending an email to [email protected] or filing an online complaint on their official website. If required, consult or hire an Advocate for tailored advice and steps to resolve the issues in the right way.