Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act was passed to protect women from abuse by their husbands, live-in partners, or family members. The law was passed in October 2006. The Protection of Women from Domestic Violence Act of 2005 came into force on October 26, 2006. The Act protects wives and other female live-in partners from abuse by their husbands, other male live-in partners or family members. Women’s are harassed for many reasons and few of them may be for dowry, male child etc.

Domestic Violence Act, 2005 has also provided for many provisions for help of the aggrieved female such as financial help, shelter and medical facilities. In a recent judgement (April 2023) by the Delhi High Court it was held that protection to men under this law is not provided. Gujrat High Court judge a few days back stated that Rape is Rape even if it is done under the veil of marriage.

Domestic Violence Act 2005

What is the Domestic Violence Act 2005?

The Domestic Violence Act protects aggrieved females and provides relief for victims of domestic violence. The law prohibits domestic violence in the form of physical, emotional, economic and sexual abuse. The law was passed in 2005. The act has many provisions for the protection of women.

Types of Domestic Violence

1. Economic Violence: This includes depriving the woman and her children of all financial and economic resources, depriving them of food, clothing, and medication, refusing to pay maintenance to the woman or her children, evicting the woman from home, preventing her from looking for work and so on.
2. Sexual Violence: This includes any sexual activity that violates, humiliates, abuses or degrades the dignity of a woman.
3. Emotional and Verbal Violence: Verbal abuse, humiliation and insults particularly regarding the lack of children or male children as well as constant threats of causing physical harm to all those the aggrieved woman considers important.
4. Physical Violence: This includes any behaviour or action that causes harm to the body of an individual, endangers their life, BODY PARTS or health or hampers their capacity to live healthily This includes violence, criminal intimidation and assault.

Salient Features of the Act

Protection of Women from Domestic Violence Act 2005 was implemented in October 2006 to shield and assist victims of domestic abuse.

1. It ensures a woman’s right to live in a home free from violence.
2. The State Governments must notify shelters and medical facilities and are required to appoint registered Service Providers and Protection Officers.
3. The aggrieved woman may also file a complaint under Section 498A of the IPC if necessary.
4. This act provides temporary and emergency relief to the aggrieved woman
5. Under the Act, the aggrieved woman may ask for financial assistance, shelter, medical facilities, a protection order, a residency order, a custody order, a compensation order and financial assistance.
6. Even if other cases are pending between parties more cases can be filed under the PWDV Act.

Provisions of the Domestic Violence Act 2005

Protection of Women from Domestic Violence Act 2005 was implemented in October 2006 to shield and assist victims of domestic abuse.

It ensures a woman’s right to live in a home free from violence.

• The State Governments must notify shelters and medical facilities and are required to appoint registered Service Providers and Protection Officers.
• The aggrieved woman may also file a complaint under Section 498A of the IPC if necessary.
• This act provides temporary and emergency relief to the aggrieved woman
• Under the Act, the aggrieved woman may ask for financial assistance, shelter, medical facilities, a protection order, a residency order, a custody order, a compensation order and financial assistance.
• Even if other cases are pending between parties more cases can be filed under the PWDV Act

Against whom can a Complaint be Filed?

Any adult male member who is part of the household and the male partner’s family (including both the male and female relatives of the male partner)

Remedies Under Protection of Women from Domestic Violence Act, 2005

• Protection Order: A protection order is issued under Section 18 to protect the aggrieved from further violence.
• Residence Order: Residence order can be passed by the magistrate under section 19.
• Custody Order: The temporary custody of children can be provided by a magistrate under Section 21.
• Compensation Order: Under Section 22 of the act, the magistrate can order the respondent to pay compensation and damages.

Criticism of the Domestic Violence Act, 2005

Few of the criticism faced by the act are stated below-

1. The terms verbal abuse and mental harassment are subjective.
2. Law is only for women and not for abused men
3. Acts of violence against women are often committed by women themselves.
4. Non-Retaliation by women

Recent in News on Domestic Violence Act, 2005

1. Recently, the Supreme Court decided to examine whether the Protection of Women from Domestic Violence Act, 2005 (DV Act) permits a transgender woman to seek maintenance or not.
2. Thirty percent of Indian women between the ages of 15 and 49 report having experienced physical violence according to the National Family Health Survey-4 (2015–16).

Conclusion

To quickly address the rise in violence against women, policies that take into account the needs of women who experience many kinds of harassment and violence. Organizations at the grassroots level require a great deal of assistance so that they can continue their frontline role To reach out to women who don’t have access to phones or the internet. In addition, online therapy, helplines and psychosocial support should be made available. Technology-based methods such as SMS should be used to boost social support. Police and judicial services believe that violence against women and girls ought to be taken seriously and that those who commit it should be held accountable.

FAQs on Domestic Violence Prevention Act 2005

1. What is the Domestic Violence Prevention Act 2005?

Protection of Women from Domestic Violence Act of 2005 came into effect on October 26, 2006. This Act protects wives and female live-in partners from violence by their husbands, male live-in partners or relatives.

2. What is the full form of the PWDV Act 2005 and what are the measures against domestic violence?

The full form of the PWDV Act 2005 Protection of Women from Domestic Violence Act of 2005. The Act is primarily for females. The Act permits the aggrieved woman to request financial relief, housing, healthcare, protection orders and custody orders

3. What is the criticism of the Protection of Women from Domestic Violence Act 2005?

There are many grey areas in the act. The major concern for this act is that it can be misused by females and there have been many such incidents recently. The act assumes that Domestic Violence is only done by men but there are several instances where men are the victims.

4. What is a domestic relationship?

Any relationship where two people live together currently or have previously shared their homes is considered domestic regardless of how the two are related by marriage, adoption or any other kind of relationship where they are living together.

5. What is Emotional Abuse?

Such abuse suggests that the victim’s sense of self-worth is being undermined or weakened. It also involves insults, threats to harm or snatching the custody of children, humiliation and mocking.