Protection from domestic violence act

PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

Introduction

Domestic violence is a silent crisis that happens daily behind the closed doors and among close relationships. Domestic Violence isn’t just hitting, or fighting, or an occasional argument however it’s an abuse of power. The abuser/ wrongdoer tortures and controls the victim by calculated threats, intimidation, and physical violence. The woman is mostly the primary target; but however these days violence is also directed towards the children.

Protection of women from domestic violence, 2005 was passed which provide security to women against the violence done by their husband or male partner or his family member. According to Sec. 5 of PWDVA (Protection of women against domestic violence act 2005) domestic violence defines:

“For the need of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it

(a) Harms or injures or endangers the health, safety, life, limb or well-being, whether or not mental or physical, of the aggrieved person or tends to undertake therefore and includes inflicting physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person associated with her to meet any unlawful demand or any dowry or other property or valuable security,

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(c) has the impact of threatening the aggrieved person or anyone related with her by any conduct mentioned in clause (a) or clause (b); or(d) otherwise injures or causes damage, whether or not physical or mental, to the aggrieved person.”

Scope of the act

This definition is not a narrower scope but it is a wider scope to make domestic violence a criminal activity, as it says domestic violence includes:
• physical,
• sexual,
• verbal
• emotional abuse

Rights were given only to women, because mostly violence is done against them, though it can easily be seen that men were also victimized of domestic violence.

Different kinds of order issued by the Magistrate

1. Protection orders

After giving an opportunity of being heard to the aggrieved person and respondent and he magistrate shall, pass a protection order in favor of the aggrieved person according to the following acts:
• Entering the place of the aggrieved person or if the person is child, its school or any other places.
• Communicate in any form like personal, oral or written, electronic contact.
• Causing violence to the dependents, or any other relative or any other person.

2. Residence orders

The magistrate being satisfied that a domestic violence has taken place, pass residence order that deem fit-
• Directing the respondent to remove himself from the household
• Restraining the respondent from renouncing his right household and magistrate shall not make any order against women under this section.

The magistrate may direct the respondent to pay monetary relief and such relief such as
(a) Loss of earnings and Medical expenses
(b) Loss caused due to destruction or removal or
(c) Damage of any property
(d) Pass order as to maintenance for the aggrieved person as well as her children

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3. Custody orders

Magistrate can also grant temporary custody of any child or children to the aggrieved person or to the person making application on her behalf and specify the arrangements regarding the visit of such child by the respondent. Magistrate can refuse the visit of such respondent in such case if it is harmful to the interest of the child.

Proceedings to impose protection measures against domestic violence

Section. 8 Protection of women from domestic violence, 2005 provides for the setting up and function of Protection Officers, these officers, to be appointed by state governments, will be under the jurisdiction and control of the court, and will be responsible for monitoring the cases of domestic abuse.

The Police officers will assist the court in making a Domestic Incident Report or an application for a protection order made on behalf of the aggrieved woman or the child. Police officers will ensure that aggrieved people are provided with legal aid, medical services, safe shelter and other requirement assistance. POs will ensure the important information for service providers that is provided to the aggrieved woman, and for monetary relief orders that are complied with.

Importantly, the PO can be penalized for failing and refusing to do his duty, with the proviso that prior sanction of the state government is required. Service Providers are the important tool in the implementation of this act. Service Providers are private organizations recognized under the Companies Act/Societies Registration Act. They will have to register with the state government as a service provider so as to record the Domestic Incident Report and medically examined the aggrieved person.

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Non-bailable Offence

Protection from domestic violence Act provides for breach of protection order or interim protection order by the respondent as a cognizable and non-bailable offence punishable with imprisonment for a term that is one year and with fine which may extend to twenty thousand rupees or both. Similarly, non-compliance and discharge of duties by the Protection Officer is also sought to be made an offence under the protection of domestic violence Act with similar punishment.

Conclusion

Now, society and legislature need to understand that Domestic violence means the torture against the women which can be physical, verbal, and emotional or any other kind of abuse by one on other among the closed doors is crime, and discriminating it on the basis of gender is not just fair and it is against the principle of natural justice.

Domestic violence not effect life of individual however conjointly the lives of their children who are innocent, it doesn’t matter violence is against male or female it’s violence and so law must stringent for both and not solely to men, everyone who commits this heinous crime must be punished

We do need act like domestic violence but not within the current form we need it with some amendment like it will not only contain the provision for women but also for male, gays and lesbian

Author: Anjali Thakur,
Gitarattan international business school ip university

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