Domestic Violence Act

Domestic Violence Act 2005 is an act of the Parliament of India enacted to guard women from domestic violence. It was brought into an action by Indian Government and Ministry of Women and Child Development on 26 October 2006. It includes other forms of violence such as emotional, sexual and economic abuse. It is a civil law meant for protection orders, rather than criminal enforcement.

Domestic violence means to cause hurt, injury or danger to life of a human being. Physical abuse includes hurt of any kind. For example, assault and criminal force. Sexual abuse means to forcibly use woman to entertain others or forced sexual intercourse and other acts of sexual nature.

Verbal abuse means an accusation on character or conduct. For example, insult for not bringing dowry, insult for not giving birth to a male child, etc.

Economic abuse means not providing money for maintaining woman or her children. For example, not providing food, clothes, medicines, etc., forcing woman out of the house, etc.
The aggrieved person is defined as any woman who is, or has been, in a domestic relationship with the culprit and who alleges to have been subjected to domestic violence by culprit. This protects women from violence with their relationships by marriage, by blood, by adoption or live-in relationships.
According to Section 3, any act of respondent is a domestic violence in the following situations:
1. Harms or injuries and includes physical abuse, sexual abuse, emotional abuse and economic abuse.
2. Harasses or harms the person to meet any unlawful demand for dowry or other property.
3. Has the effect of threatening the person.
Options of aggrieved person
Rights
1. Apply for protection order, custody or compensation order.
2. Free legal services
3. File a complaint
Shelter homes
A Protection Officer request this shelter on behalf of the aggrieved person.
Medical Facilities
It provides free medical aid no matter if there is a recommendation from Protection Officer or not.
Implementation
Lack of awareness of the law, accessibility and awareness of services, types of relief and legal rights, prevents proper implementation of the law. It results in duties pertaining to the Act. Another barrier which prevents proper implementation is lack of meaningful immediate relief for survivors of domestic violence, for example, medical aid, short stay homes, or economic or material assistance.
Implementation also depends upon slow-moving social acceptability of reporting these cases.
Any woman who alleges to have been subjected to any act of domestic violence can file a complaint on her behalf. Mother of a child who has been subjected to any kind of domestic violence can also file a complaint on her behalf.

The essence of the act is to supply a fast, easy and affordable civil remedy in the form of a protection order for incidences of stalking.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge






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