The Protection of Women from Domestic Violence Act 2005: Safeguarding Women from Marital Discord

The Protection of Women from Domestic Violence Act 2005: Safeguarding Women from Marital Discord

by SangsLegal.com

16th October 2023

The Protection of Women from Domestic Violence Act, 2005commonly referred to as D.V Act is a pioneering legislation aimed at offering comprehensive protection to women against various forms of abuse within the confines of their marital homes. The Act defines domestic violence as any act or conduct that causes harm to a woman or endangers her life, safety, health, or well-being. It encompasses physical, sexual, verbal, emotional, and economic abuse, as well as harassment via various forms of communication.

I. Protection Orders

The Act empowers women to seek legal protection against domestic violence by obtaining various types of Protection Orders from the authorities. These orders aim at preventing further acts of abuse and ensuring the safety of the woman.

a. Protection Order: This order aims at restraining the abuser from committing any act of domestic violence, excluding him from the shared household, or prohibiting him from entering a particular area or place frequented by the woman.

b. Residence Order/Shared House hold: This order allows the woman to continue residing in the shared household or any other alternative accommodation provided by the authorities, irrespective of her ownership or rights in the property.

c. Monetary Relief Order: This order enables the woman to claim compensation for the losses and expenses incurred as a result of the violence, including medical treatment, damages, and maintenance.

d. Custody Order: This order allows the woman to seek custody of her children, ensuring their well-being and protection from any harm.

e. Compensation order:   This order entitle the woman to get compensation for injuries including mental torture and emotional distress caused by the acts of domestic violence committed by the respondent.

The woman is entitled to bring along all of her personal possessions, including clothing, jewellery, valuable items, and money. This collection of her belongings, known as her stridhan, can be retrieved with assistance from a local NGO, the police, or the court. In the event that her husband or in-laws fail to return her stridhan when she leaves the home, she retains the option to lodge a police complaint under Section 406 of the IPC.

Who is covered under the Act?

The Act extends its protection to all females residing in a shared household, encompassing those who fulfill the roles of mother, sister, wife, widow, or partner. This relationship can be established through either marriage or adoption. Furthermore, it also encompasses females living together as part of a joint family unit.

However, it is important to note that female relatives of the husband or male partner are excluded from filing complaints against the wife or female partner. For instance, the mother-in-law is ineligible to file an application against her daughter-in-law, but she retains the right to file an application against her daughter-in-law if she aids her son in committing acts of violence against her.

To whom should a woman turn to file a complaint?

The available options for the woman include seeking assistance from the Protection Officer, securing the services of a private lawyer or a legal aid lawyer, and reaching out to a local NGO. These individuals or organizations can provide support in approaching the court to safeguard her rights. Alternatively, she can visit a police station where officials will guide her to the relevant Protection Officer in her area.

How to seek a Court Order?

When a woman experiences physical abuse and seeks assistance from the Protection Officer, a Domestic Incident Report (DIR) is prepared as evidence of domestic violence.

If the woman opts to consult a private lawyer directly, the lawyer will create a comprehensive application along with a request for interim reliefs. In such cases, there is no necessity to approach a protection officer and obtain a DIR.

If the woman possesses any supporting evidence, such as previously filed police complaints or medical records from injuries sustained due to the abuse, it should be mentioned. Additionally, any proof of the husband's income can be attached if the woman is seeking a maintenance order.

Inclusion of Emotional and Verbal Abuse

The Act recognizes the detrimental impact of emotional and verbal abuse on women's well-being and mental health. It explicitly includes these forms of abuse within the definition of domestic violence, offering women legal recourse to protect themselves from such acts.

II. Protection Officers

A "Protection Officer" (PO) refers to a government official who is assigned or designated by the Ministry of Women and Child Development. Their primary responsibility is to extend various forms of assistance to women, such as facilitating their court interactions, arranging shelter at a shelter home if needed, providing access to medical help at a hospital, or aiding in accessing other government schemes specifically devised to support women.

III. Duties of Police and Service Providers

The Act imposes certain responsibilities on the police and service providers to ensure the effective implementation of its provisions. Police are obligated to respond promptly to reports of domestic violence and assist the affected woman in obtaining medical treatment and legal aid. Additionally, service providers are required to provide support services, such as counselling, medical aid, and safe shelter, to women affected by domestic violence.

IV. Confidentiality and Privacy

The Act emphasizes the importance of maintaining strict confidentiality and privacy throughout legal proceedings, ensuring that the identity and personal information of the woman are protected. This provision is crucial in safeguarding the woman's safety and preventing any potential backlash or retaliation from the abuser.

V. Penalty for Breach of Protection Orders

To discourage violators from repeating their acts of abuse, the Act provides for penalties and imprisonment for those who breach Protection Orders. This provision acts as a deterrent and reinforces the message that any violation of the woman's rights will not be tolerated.

Important Judgements

1. Simply obtaining a 'maintenance' order under Section 125 of the Code of Criminal Procedure does not prevent an 'aggrieved person' from seeking suitable remedies as per the Protection of Women from Domestic Violence Act, 2005: Supreme Court

2. A victim of domestic violence can enforce her right to reside in a shared household, irrespective of whether she actually lived in the shared household: Supreme Court 

3. Under certain circumstances, a court can direct a husband to provide monetary expenses to cover a wife's expenses in lieu of granting a shared residence: Karnataka High Court

4. As per Domestic Violence Act, a wife's opposition to her husband's plea for the restoration of conjugal rights does not impact her right of residence: Delhi High Court

5. Divorced Wife Not Entitled To Right Of Residence Under Section 17 Domestic Violence Act: Kerala High court

6. Temporary Residence' Under Domestic Violence Act Includes Victim's Shelter Amidst Matrimonial Home Turmoil: Jammu & Kashmir High Court

7. The Protection under Domestic Violence Act is not applicable to husbands or male members of the family: Delhi High Court

Conclusion

The Protection of Women from Domestic Violence Act has emerged as a powerful tool for the protection of women against marital discord and domestic violence in India. Its provisions enable women to seek legal redress and protection, ensuring their safety, physical and emotional well-being, and the overall preservation of their rights. While the Act has made significant strides in addressing domestic violence, continuous efforts are required to create awareness, ensure effective implementation, and provide timely support services to the victims. Empowering women and holding perpetrators accountable for their actions are essential steps toward eradicating domestic violence and fostering a society that upholds the principles of equality and respect for all.

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