DOMESTIC VIOLENCE : PREVENTION & PROTECTION (PART 1)

Government of the Peoples Republic of Bangladesh, Ministry of Women and Children Affairs

Notification

SRO No. .- The power vested upon the government according to the section 37 of the Domestic Violence (Prevention and Protection) Act, 2010 (Act 58 of 2010), the government hereby published the following act:-

English Version of the Domestic Violence (Prevention and Protection) Act, 2010 [Act 58 of 2010]

An Act to provide as a signatory state of the United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979 and the Convention on the Children’s Right, 1989 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. WHEREAS it is expedient and necessary as a signatory state of the United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979 and Convention on the Children’s Right, 1989 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:- THEREFORE it is hereby enacted as follows:-

Chapter-One
Introduction

1. Short title, extent and commencement.–

(1) This Act may be called the Domestic Violence (Prevention and Protection) Act, 2010.

(2) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context –

(1) “Application” means a petition submitted to the court for any sort of remedy under this Act either by a victim or any other person on behalf of a victim;

(2) “Code” means The Code of Criminal Procedure, 1898 (Act V of 1898)

(3) “Compensation order” means an order given under section 16 of this Act;

(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;

(7) “Enforcement Officer” means the Upazila Women Affairs officer under the control of the Department of Women Affairs or any officer appointed by the government on this behalf under section 5;

(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;

(10) “Interim Protection order” means an order passed under section 13 of this Act;

(11) “Protection order” means an order given under section 14 of this Act;

(12) “Residence order” means an order granted under section 15 of this Act;

(13) “Respondent” means any person, against whom any sort of remedy under this Act has been sought for;

(14) “Rules” means rules framed under this Act;

(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.

Chapter-Two
Domestic Violence

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

 

 

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