DOMESTIC VIOLENCE ACT, 2005

Protection of Women from Domestic Violence Act, 2005 came into force from 26 October 2006.  It is a very comprehensive and promising legislation that combines civil remedies with criminal procedures to ensure effective protection and immediate relief to victims of violence of any kind occurring within the family, The definition of ‘domestic violence’ is in consonance with the UN Model Legislation on Domestic Violence.  The aggrieved can seek protection against any physical, sexual, verbal and emotional abuse or economic abuses.  This law for the first time recognizes a women’s right to a violence free home.  Under the Act, the right to reside in the matrimonial home/shared household was seen as a major breakthrough in women’s rights in India. 

She cannot be evicted from the shared household and if evicted can seek immediate relief, seek a protection order, monetary compensation, residency order, custody order, free legal services, medical aid and counselling with the help of the Protection Officer or Service Provider.  The Act envisages appointment of domestic violence Protection Officers by the State Governments in every district and encourages the participation of voluntary associations as Service Providers.  The Ministry of Women and Child Development, the National Commission for Women and the non-governmental organizations have also taken initiatives to propagate the remedies available in this Act to the affected women by organizing awareness campaigns/seminars/ workshops and sensitizing the enforcement agencies.

Salient features of the Act are as follows:

  1. It covers those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage, a relationship in the nature of marriage, or adoption. In addition, relationships with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to the protection under the proposed legislation. However, whereas the Act enables the wife or the female living in a relationship in the nature of marriage to file a complaint against any relative of the husband or the male partner, it does not enable any female relative of the husband or the male partner to file a complaint against the wife or the female partner;
  2. It defines “domestic violence” to include actual abuse or the threat of abuse that is physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition;
  3. It confers on the aggrieved woman the right to reside in a shared household, whether or not she has any title or rights in the same. In fact, a respondent, not being a female, can be directed under the Act to remove himself from the shared household or to secure for the aggrieved woman the same level of alternate accommodation as enjoyed by her in the shared household or to pay rent for the same;
  4. The orders for relief the aggrieved woman is entitled to under the Act include protection orders, residence orders, monetary relief, custody orders and compensation orders;
  5. It empowers the Magistrate to pass protection order in favour of the abused to prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives or others who provide her assistance against the domestic violence;

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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