DOMESTIC VIOLENCE : PREVENTION & PROTECTION (PART 3)

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]

Chapter-Four
Rights of Victim, Remedies, etc.

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

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).

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.

13. Interim protection order and issuance of notice.–

(1) The Court, upon receipt of an application under section 11, if satisfied by examining the documents submitted thereto that there is prima facie that the respondent has committed or possibility of committing or abetting to commit domestic violence, then an ex parte interim protection order may be issued against the respondent and simultaneously a show cause notice to the respondent to reply within 7(seven) working days why permanent protection order shall not be issued against him.

(2) The notice may be issued by registered post, process server, law enforcing agencies or by any other ways prescribed by the rules.

14. Protection order.- The Court may, after giving the parties an opportunity of being heard, satisfied that domestic violence has taken place or is likely to take place, issue a protection order in favour of the victim and issue order restraining the respondent from committing following acts, namely:-

(a) from committing any act of domestic violence;

(b) aiding or abetting in the commission of any acts of domestic violence;

(c) prohibiting or restraining from entering any protected person’s place of employment, business, or educational institution or other institution which the protected person ordinarily visits;

(d) prohibiting or restraining from making any personal, written, telephone, mobile phone, email or any other form of communication with the protected person;

(e) prohibiting from causing violence to the dependants of the victim or any relatives or any person who gives assistance to the victim from domestic violence;

(f) any other act that may be cited in the protection order.

15. Residence orders.-

(1) The court, on the basis of application may issue the following residence orders, namely:-

(a) restraining the respondent from residing or visiting the shared residence or specified part thereof where the victim resides;

(b) restraining the respondent from dispossessing or in any other manner disturbing the possession of the victim from the shared household;

(c) directing the Enforcement Officer to make arrangement for a safe shelter or safe place for the victim and her child/children, if the victim so consents to her placement in such alternative arrangement, during the existence of the protection order and if the continuous stay of the protected person at the shared residence is considered by the Court to be not safe for the protected person;

(d) directing the respondent to secure the same level of alternate accommodation for the victim as enjoyed by her in the shared residence or to pay rent for the same, if the circumstances so require;

(e) requiring the respondent against whom the order is made to permit any protected person, accompanied by the Enforcement Officer, to enter the offender’s residence, shared or not, for the purpose of collecting the protected person’s personal belongings including her medical, educational and professional records, documents and certificates, passport, bank account documents, savings certificate and other investment papers and documents, personal income tax documents, jeweler, cash money, mobile phone, household goods and valuables of any description;

(f) order against the respondent to permit any protected person to have the continued use and expenses of a vehicle which has previously been ordinarily used by the protected person.

(2) If a right to exclusive occupation of a shared residence or any part thereof is granted to the protected person, such order shall not affect any title or interest that the respondent against whom the order is made;

(3) The Court, shall make an order evicting the person against whom the order is made from the whole of a shared residence that is solely owned by him or her, it is satisfied that there is no other way to secure the personal safety of the protected person for the time being:

Provided that such order shall revoked, if-

(a) a suitable safe shelter or safe place or alternative residence is found for the protected
person; or

(b) the Court being otherwise satisfied that it is no longer necessary to continue the order
for securing the personal safety of the protected person.

(4) The Court may impose any additional conditions or pass any other direction which it may deem reasonably necessary or incidental to protect or to provide for the safety of the victim or her child/children or any member of her family.

(5) The Court may require the respondent to execute a bond, with or without sureties, that neither he/she nor any of his/her family members will commit any further acts of domestic violence.

(6) While passing an order under sub-section (1), sub-section (2) or sub-section (3) the Court may also pass a written order directing the officer in charge of the nearest police station to give protection to the victim or her child/children.

(7) The Court may direct the respondent to return to the possession of the victim any immovable property, her stridhan or dower or alimony or any other marital property and moveable assets, valuables, documents, certificates and any other property or valuable security to which she is entitled.

16. Compensation order.-

(1) If there is any personal injury or financial loss or trauma or psychological damage or damage to movable or immovable property or any possibility of such damage or loss as a result of domestic violence, she may file a claim for compensation either along with the application under section 11 or separately later on.

(2) The Court shall disposed of the application submitted under sub-section (1) within 6(six) months of it’s receive.

(3) The Court, in the process of disposal of the application submitted under sub-section (1), after giving the parties opportunity of being heard, subject to the provisions of subsection (4), award such monetary compensation as it deems reasonable.

(4) Before disposal of the application submitted under sub-section (1), the Court may give responsibility on a person or any organization to find out the actual loss or damage and during the hearing of the claim for such compensation may take into consideration the following facts:

(a) the pain and suffering of the victim and the nature and extent of the physical or mental injury suffered;

(b) the cost of medical treatment for such injury;

(c) temporary or permanent effect of such injury;

(d) any loss of earnings, present and prospective, arising there from;

(e) the amount and value of the movable or immovable property taken or transferred or destroyed or damaged;

(f) reasonable expenses already incurred by or on behalf of the victim in securing protection from violence.

(5) The Court may pass an order against the respondent for the maintenance of the victim as well as her children, if any, which is adequate, reasonable and consistent with the standard of living of the victim.

(6) The Court may an order of lump sum payment or monthly payments of maintenance, if it deems fit.

(7) The Court shall send a copy of the compensation order made under this section to the concern parties and to the Officer in Charge of the police station within the local limits of whose jurisdiction the respondent ordinarily resides or stay.

(8) If the respondent is an employee of government, non-government, semi-government or an autonomous organization, then a copy of the compensation order shall be sent to the higher authority of the respondent.

(9) If the respondent fails to pay the compensation according to the order made under subsection (3), the Court may direct the employer or a debtor of the respondent, to directly pay to the victim or to deposit in her bank account a portion of the wages or salaries or debt due to or accrued to the credit of the respondent.

(10) The compensation imposed under this section may be realized according to the provisions of the Public Demands Recovery Act, 1913(Bengal Act III of 1913).

17. Custody orders.– Notwithstanding anything contained in any other law for the time being in force, the Court may, at any stage of hearing of the application for a protection order or for any other relief under this Act grant order for temporary custody of any child or children of the victim to the victim or to any applicant in favour of the victim and if necessary, the arrangements for any visit to such child or children by the respondent.

18. Court to give copies of order free of cost.- The Court shall, in all cases where it has passed any order under this Act, order that a copy of such order shall be given free of cost to the parties to the application, the officer in-charge of the concern police station, the Enforcement Officer and if applicable, any service provider.

19. Duration and alteration of orders.-

(l) A protection order made under the section 14 shall be in force till the application for discharge submitted by the victim and accepted the same by the Court.

(2) If the Court, on receipt of an application from the victim or the respondent, is satisfied that there is a change in circumstances requiring alteration, modification, amendment or revocation of any order made under this Act, it may, for reasons to be recorded in writing pass such order, as it deems appropriate.

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