Protection of Women from Domestic Violence Act, 2005 : Summary
Domestic Violence is one of the most serious public health and criminal justice issues women face today. One of four women will experience domestic Violence in their lifetime. The domestic Violence does not affect only the victim but also her kith and kin.
The origin of Act lies in Article 15(2) of the constitution of India , where it has been mentioned that , “State can make special provisions for women and children towards realizing the right to equality”.
The protection of women from domestic violence Act ,2005 act of the parliament of India and it was enacted to protect women from domestic violence. It was brought into force by the Indian Government and ministry of women and child development on 26 October 2006.
As per the Section 3 in the domestic violence the purpose of this Act , any act , omission or commission or conduct of the respondent shall constitutes domestic violence in case it-
a. Harms or endangers the health, safety, life, ,limb or well being, weather mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse verbal and emotional abuse and economic abuse ;
c. Has the effect of threatening the aggrieved person or any person related to her by any conduct;
d. Otherwise Injures or harm, whether physical or mental, to the aggrieved person.
The protection of women from domestic violence is a civil law. The objective of the objective of civil law is to provide relief to the aggrieved party.
According National family health survey released by the Union Health ministry , data show that every third woman in India are part of domestic violence in so many forms. Also reported that 31% of married women have faced physical emotional violence and sexual by their spouses. The biggest problem is that only 10% of the cases are actually reported.
The procedure involved under the Act
Section 8 (1) of the act says that if any person who has a reason to believe that he may suffer from domestic violence can inform about the same to a protection officer appointed under this section of this Act.
The aggrieved party will be informed of her right by the protection officer a police officer or a magistrate who has received the complaint or was present when the offence was committed.
The rights which are given to the women are as following:-
- The women can claim for the relief in the form of protection order, monetary relief, custody order, residence order compensation order by making an application for the same.
- They have also right to free legal services under the legal services authority Act,1987.
- They can also file a criminal case section 498A of the IPC (Indian Penal Code ).
Making a domestic incident report by the protection office
Complaint to whom report is made would be a magistrate of first class or the metropolitan magistrate who is exercising jurisdiction in the area where :-
- The aggrieved person resides temporarily
- Respondent resides
- The place where domestic violence allegedly took place.
Application with the magistrate
Once the application is filed to the magistrate by the aggrieved person, a protection officer or anyone on the behalf of the victim will fix the first date of hearing. Such date cannot exceed more than 3 days from the date of case has been reported.
Notice to the respondent
What’s the date has been released by the magistrate a notice should be given to the protection officer or who shall inform the informant and or any other person prescribed by magistrate. And this shall be done by the protection officer within 2 days.
Giving Protection Order
After the hearing of both the parties , the magistrate is satisfied that domestic violence has taken place then magistrate can pass a protection order for the aggrieved party.
The magistrate can also pass the Residence Order :
1. Restrain the respondent from dispossessing the positions of the aggrieved person.
2. Direct the respondent to remove himself from the shared household.
3. Restrain the respondent or any of his relatives from entering the shared household of the parties where the aggrieved person resides.
State can also direct the respondent to pay monetary relief to the aggrieved party which may include-
- Loss of earnings
- Medical expenses
- Loss caused due to destruction and damage of any property
- Maintenance for the aggrieved person and her children.
The magistrate may also pass an order directing the respondent to pay compensation to the aggrieved person for the injuries. In case the magistrate feels it is necessary and is satisfied that the respondent has caused the domestic violence and may continue to do so in the future he may also pass interim and ex parte orders.
Steps to take in case of breach of the order given
If the respondent breaches the protection order then he shall be liable for the punishment up to a term exceeding to one year or fine maximum 20,000 rupees.
The protection of women from domestic violence Act, 2005 was implemented for of women those who are not secure and by this act they can feel safe .And to make sure that such violence do not take place which are dangerous for her life. The matter like these need to be solved so as to ensure that women get the justice as the truly deserve. The essence of the act is in itself is to provide a quick, easy and affordable civil remedy in the form of a protection order .
The act set out how complaint is to apply for a protection order and the procedure to be followed in granting one. The court also provides for the issuing of an interim protection order without the knowledge of the respondent given certain conditions.
Author: Kajal Bind,
Prayag Vidhi Mahavidyalaya (Allahabad State University)2nd year /BA.LLB year