Domestic Violence Act, 2005: Legal Remedies for Women in India

on

Domestic Violence Act, 2005: Legal Remedies for Women in India

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is a landmark law in India designed to protect women from physical, emotional, sexual, verbal, and economic abuse within the domestic sphere.

**1. What is Domestic Violence?

Under Section 3 of the Act, domestic violence includes:**

  • Physical abuse: Hitting, slapping, beating

  • Sexual abuse: Forced sexual relations

  • Emotional/Verbal abuse: Insults, name-calling, humiliation

  • Economic abuse: Denying money, controlling access to finances

  • Threats and harassment for dowry

It is not limited to married women – mothers, sisters, daughters, live-in partners can also file complaints.

2. Who Can File a Complaint?

Any aggrieved woman who is or has been in a domestic relationship with the respondent (husband, partner, in-laws, etc.) can file a case.

3. Where to File a Complaint?

  • At the nearest police station

  • To a Protection Officer

  • In Magistrate's court (First Class Magistrate/Metropolitan Magistrate)

No lawyer is required to file the initial application.

4. Reliefs Available Under the Act

Relief Section Description
Protection Order Sec 18 Prevents the abuser from committing further acts of violence
Residence Order Sec 19 Right to stay in shared household – woman cannot be evicted
Monetary Relief Sec 20 Compensation for physical/mental injury, loss of income, expenses
Custody Order Sec 21 Temporary custody of children may be granted
Compensation Order Sec 22 Compensation for emotional distress, injuries caused

5. Key Features of the Law

  • Fast-track reliefs – Courts must hear the matter within 60 days

  • Interim orders can be passed quickly

  • No proof of physical violence required — emotional/economic abuse is enough

  • Abuser can be punished for breach of protection order under Section 31 of the Act

6. Role of Authorities

  • Protection Officers assist victims in filing complaints, obtaining shelter, and legal aid

  • Service Providers (NGOs, legal aid centers) help with counseling, medical support

  • Police must act promptly and sensitively

7. Supreme Court’s View

  • Hiral P. Harsora v. Kusum Narottamdas (2016): Extended protection to women against female relatives too, not just male abusers.

  • Courts have emphasized protection of dignity and safety of women over technicalities.

Conclusion

The Domestic Violence Act empowers women to seek immediate, practical, and enforceable remedies without fear. If you or someone you know is a victim of domestic abuse, you can take legal action confidently and safely under this law.

Contact Details:


Comments

Post a Comment