Compensation for Domestic Violence Damages

Context

The Supreme Court is currently deliberating whether the compensation amount in cases of domestic violence should be based on the severity of harm endured by the victim or the financial capacity of the perpetrator. 

Petitioner Appeals Supreme Court Over Bombay High Court’s DV Act Judgment

• Petitioner’s Appeal: The petitioner appealed to the apex court regarding judgments made by the Bombay High Court and the trial court.
  • They instructed him to provide Rs 3 crore to his wife under Section 22 of The Protection of Women from Domestic Violence Act, 2005 (DV Act).

Argument of Petitioner:

The compensation should be tied to the damages, injuries, including mental anguish and emotional suffering resulting from the actions of the spouse.

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Domestic Violence Act 2005

To  Provide for effective protection of the rights of women who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto”.

• Definition of Domestic Violence: Any act that “harms or injures or endangers the health, safety, of the aggrieved person and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse”, constitutes domestic violence.
  • Harassing, harming, injuring or endangering the aggrieved person to meet any unlawful demand for any dowry or other property or valuable security” also amounts to domestic violence.
• Definition of Aggrieved Person: Any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent”.
• Compensation, Relief under the Domestic Violence Act:
  • Section 22 (Compensation orders):  In addition to other reliefs, a “Magistrate may pass an order directing the respondent to pay compensation and damages for the injuries.
    • This includes mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent”.
  • Section 12: It allows an aggrieved person or anyone on their behalf to apply to a Magistrate for one or more reliefs under the Act.
    • This includes “a relief for issuance of an order for payment of compensation to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent”.
  • Section 20(Monetary Reliefs): It empowers the magistrate, when adjudicating an application for relief under Section 12, to order the respondent to provide financial assistance to cover the expenses and losses incurred by the aggrieved person and any children. 
    • This relief should be deemed appropriate, equitable, and commensurate with the standard of living to which the aggrieved person is accustomed.

Deciding Compensation

• Chaturbhuj vs. Sita Bai, 2008: The Delhi High Court held that the object of maintenance proceedings is not to punish a person for his past neglect.
  • It aims to prevent the destitution of a deserted wife by providing her food, clothing, and shelter through a speedy remedy.
• Kalyan Dey Chowdhury vs. Rita Dey Chowdhury Nee Nandy: The SC ruled that the “amount of permanent alimony awarded to the wife must be befitting the status of the parties and the capacity of the spouse to pay maintenance”. 
  • The court relied on its 1970 ruling in Dr. Kulbhushan Kumar vs. Raj Kumari, where it held that 25% of the husband’s net salary would be just and proper to be awarded as maintenance to the respondent-wife.
• Legal Knowledge Gap: Since, maintenance and compensation are governed by different sections of the Act, “there exists a big gap of legal knowledge in the computation of damages”. 
  • Due to the absence of clear precedents, “propositions of law from maintenance cases” are often borrowed and applied to DV cases.
• Discretionary Determination of Maintenance:  Damages are usually computed based on injuries suffered by the victim, as well as the financial status of the parties.
  • The court has the discretionary power to decide this value on goes case by case basis taking into account the victim and the husband’s status, and the kind of violence inflicted.

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