Brother, not husband, accused under Domestic Violence Act

July 28, 2010

For once, a husband is not the accused in case of domestic violence. A 42-year-old woman from Colaba has recently invoked the Act against her brother.


Yasmin Hashmat Ullah

In a petition filed in the Esplanade Court, Yasmin Hashmat Ullah, a teacher with an international school in Mazgaon, alleged that her younger brother Aman tortured her because he wanted her to leave the house they share.

Yasmin said not only that Aman physically assaulted her but also that he harassed her mentally by blocking her room’s ventilation, switching the lights on and off while she was sleeping, misbehaving with her visitors, blocking her mail and removing her name from the ration card. She also alleged in the petition that her brother, an event manager with a reputed firm, and his wife “took photographs of her changing clothes and recorded her conversations”.

Yasmin alleged that Aman and his wife threatened “they would create such a disastrous condition for her that she would have no option but to leave the premises.” The family lives in the 990 sq ft apartment at Crescent House in Colaba. The house is in the name of their late mother Shamshunissa Ullah.

Though the Domestic Violence Act is usually associated with abuse in a marriage, it can be used for the protection of any woman of the family, not just the wife. Lawyer and women’s rights’ activist Flavia Agnes says, “A sister, mother, daughter or a girlfriend in a live-in relationship can file a case under the Domestic Violence Act. We don’t usually come across cases like these because there is not enough awareness about the Act. Also, in case of blood relations, women prefer to settle the matter outside court.”

Explaining her decision to go to court, Yasmin, said, “I am embarrassed about taking legal action against my own brother. My sisters have urged him several times to sort out differences. But things kept turning from bad to worse. I had no choice but go to court.”

A report filed by the Women and Children’s Cell in this matter noted, “She has been given only a small bed and not even her own cupboard to keep her clothes. It is crucial to give the complainant police protection in the house.” The court recently appointed a protection officer for Yasmin.

Aman said, “I don’t want to speak about my sister because of the ongoing litigation. But I’d like to say that there is a threat to my wife’s life.”

The next hearing in the case is on August 2.