Protection of Women from Domestic Violence Act 2005

Introduction To Domestic Violence Act 2005

The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to shield women from domestic violence. It was brought into power by the Indian government from 26 October 2006. The Act accommodates the first run through in Indian law meaning of “domestic violence”, with this definition being wide and including physical violence, as well as other types of violence, for example, emotional/verbal, sexual, and economic. It is a civil law implied essentially for protection orders and not intended to punish criminally. [1]

Essentially intended to give protection to the wife or female live-in partner from domestic violence on account of the husband or male live-in partner or his relatives, the law additionally stretches out its protection to women living in a family unit, for example, sisters, widows or mothers. Domestic violence under the act incorporates actual abuse or the risk of abuse whether physical, sexual, verbal, emotional or economic.[2] Harassment by method for unlawful dowry demands to the woman or her relatives would likewise be secured under this definition.

Read Also: Domestic Violence Act- An Overview

Remarkable highlights of the Protection from Domestic Violence Act, 2005

• The Act tries to cover those women who are or have been involved with the abuser where both the parties have lived together in a common family and are connected by consanguinity, marriage or a relationship in the idea of marriage, or adoption; moreover, association with relatives living together as a joint family are additionally included. Indeed, even those women who are sisters, widows, mothers, single women, or living with them are qualified to get lawful protection under the proposed Act.
• A standout amongst the most imperative highlights of the Act is the woman’s entitlement to the shared household. The Act accommodates the woman’s entitlement to live in the shared family, whether or not she has any title or rights in the family. This privilege is anchored by a residence order, which is passed by a court. These residence orders can’t be passed against any individual who is a lady.
• The other relief conceived under the Act is that of the power of the court to pass protection orders that keep the abuser from supporting or submitting an act of domestic violence or some other determined act, entering a working environment or some other place frequented visited by the manhandled, endeavouring to speak with the mishandled, separating any advantages utilised by both the gatherings and making violence the manhandled, her relatives and others who give her help from the domestic violence.
• The draft Act accommodates the arrangement of Protection Officers and NGOs to give help to the lady w.r.t restorative examination, lawful guide, safe haven, and so forth.
• The Act accommodates rupture of protection request or interval protection arrange by the respondent as a cognizable and non-bailable offence culpable with detainment for a term which may reach out to one year or with fine which may stretch out to twenty thousand rupees or with both. So also, resistance or release of obligations by the Protection Officer is likewise tried to be made an offence under the Act with comparative discipline.

Section 12 of the PWDVA

Section 12 describes the procedure of filing an application regarding domestic violence which is to be presented to the magistrate.

Section 12 states:

12. Application to Magistrate. — (1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act:

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.

(2) The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:

Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set-off.

(3) Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.

(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.

(5) The Magistrate shall Endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.[3]

This section basically talks about who can present the application to the magistrate, the eligible persons being:

• The aggrieved person,
• Protection officer on behalf of an aggrieved person
• Any other person on behalf of an aggrieved person

The Supreme Court, in a decision, ruled that a wife would be considered an aggrieved person under PWDVA even if she was judicially separated from her husband.

The apex court has also struck down the words “adult male” from the meaning of a respondent, implying that wives or ladies in relationships akin to marriages can make lawful move against female relatives of their spouses under PWDVA. The court found the law prejudicial and the stark difference between men and women prolonging violence “microscopic” in law went for shielding ladies from such harm.

From records no matter how you look at it, obviously the advancement on the law from 2006 to today on has been slow-paced. It is additionally evident that the sum total of what that had been expected from the law has not been accomplished yet.

Domestic violence is India’s most rampant crime against women with one reported every five minutes. Cases surpass molestation, assault, and rape—revealed from each edge of the nation, from West Bengal to Gujarat. However, until 12 years prior, there was no legitimate meaning of domestic violence, take off alone sufficient lawful redressal for women confronting violence in their homes.

The reasonable summon of legal provisions and their objective and fair execution can take care of this issue.

[1]  Annex 4: Overview of the Protection of Women from Domestic Violence Act 2005 < https://www.icrw.org/files/images/Reducing-HIV-Stigma-and-Gender-Based-Violence-Toolkit-for-Health-Care-Providers-in-India-Annex-4.pdf> accessed October 4, 2018

[2] Datta, Damayanti (4 December 2006). “The new laws of marriage”. India Today.

[3] THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 <http://ncw.nic.in/acts/TheProtectionofWomenfromDomesticViolenceAct2005.pdf> accessed 4 October 2018