Protection of Women From Domestic Violence

Deeksha Singh

Everyone has heard of someone amongst their families, friends or acquaintances who  has suffered some form of domestic violence, i.e. some form of verbal, physical, sexual or economic abuse. We understand “domestic violence” here as it is defined under the Protection of Women against Domestic Violence Act, 2005 (‘DV Act’). 

Domestic Violence is a global issue reaching across national boundaries as well as socio economic, cultural and class distinctions. This problem is not only widely spreaded geographically on the same end its incidence is extensive , making it typical and accepted behaviour. In layman terms we can simply understand it as the establisment of control and fear in a relationship through violence and fear and other forms of abuse. This abuse can take form of Physical assault, social, economical or Psychological abuse, inclusive of sexual assault

Domestic Viloence is deeply ingrained and has serious impact on Womens Health and well-being . Its continued existence is morally indefensible.

Domestic violence is a pattern of assaultive and coercive behaviors, including physical, sexual, and psychological attacks, as well as economic coercion, that adults or adolescents use against their intimate partners. Key elements of domestic violence:

 1. Conduct perpetrated by adults or adolescents against their intimate partners in current or former dating, married or cohabiting relationships of heterosexuals, gay men, and lesbians. 

2. A pattern of assaultive and coercive behaviours, including physical, sexual, and psychological attacks as well as economic coercion.

 3. A pattern of behaviour

s including a variety of tactics — some physically injurious and some not, some criminal and some not — carried out in multiple, sometimes daily episodes.

 4. A combination of physical attacks, terrorist acts, and controlling tactics used by perpetrators that result in fear as well as physical and psychological harm to victims and their children.

 5. A pattern of purposeful behaviour, directed at achieving compliance from or control over the victim.

If you are a Domestic Violence Survivor in India , You need to Learn about the laws that give protection to womens against Domestic Violence.

1. The Indian Penal Code Amendment in 1938

A Special Provision under this Code Section -498(A) that officially made Domestic Violence a Criminal offence was added under this. This section clearly specifies and talks about domestic violence against the married womens by their Spouse/Husbands or family of husband. Another kind of cruelty that can be punished under this provision is the cruel behaviour by husband or his family that causes the woman’s death or serious injury or forces her to commit suicide.

Under this provision, acts of cruelty include but are not limited to , the following;

• Physical abuse,

• Mental torture through threats to her or her loved ones (childrens),

• Denying woman the access to basic necessity or food,

• Locking her in or out of house,

• Demanding perverse sexual act  against womans will.

Convicted offenders under this provisions will be charged upto three years of imprisonment and hefty fines.

2. The 2005 Protection of Women From Domestic Violence Act

The Protection of Women From Domestic Violence is excatly what its title proclaims. This is the first enacted law in India that specifically acknowledges every womens right to be in home withou Violence.

The PWDA is a civil law , while the objective of criminal law is to puish the offendera civil law is directed towards providing relief to the aggreived party; in this case the woman who faces violence at home.

One of the most important features of the Act is the woman’s right to secure housing. The Act provides for the woman’s right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household. This right is secured by a residence order, which is passed by a court. 

The law, significantly, recognizes the need of the abused woman for emergency relief, which will have to be provided by the husband.A woman cannot be stopped from making a complaint/application alleging domestic violence. She further possess the right to the services and assistance of the Protection Officer and Service Providers, arranged under the provisions of the law. A woman who is the victim of domestic violence will have the right to the services of the police, shelter homes and medical establishments. She also has the right to simultaneously file her own complaint under Section 498A of the Indian Penal Code.

Who can file a case under this Act and against who?

The complaint of domestic violence can be filed by the ‘aggrieved person’. Section 2 of the Act defines this term. It means a woman who has been in a domestic relationship with the respondent (a man in a domestic relationship with such women) and alleges that he has inflicted domestic violence upon her. Domestic Relationship refers to a relationship between two people who live or have lived together in a shared household, and are related by:

• Marriage,

• A relationship in the nature of marriage (like live-in relationships), 

• Adoption, 

• Are family members,

• Are related through blood relations.

Also, though Section 2 defines respondent as a man, the Supreme Court in the case of Sandhya Wankhede vs. Manoj Bhimrao Wankhede held that the term ‘relative’ as used in the Act has a very wide ambit and a complaint against the female relatives of the husband or the male partner can be made within its purview.

The Procedure involved under the Act

The Procedure involved under the Act:

Step 1: Informing the protection officer

Step 2: Making a domestic incident report by the protection officer

Step 3: Application with the magistrate

Step 4: Notice to the respondent

Step 5: Other options that the magistrate can make use of

Step 6: Giving Orders

Relief Under the Act

The magistrate may also direct the respondent to pay monetary relief to the aggrieved person for expenses incurred and losses suffered by her. Such relief may include (but is not limited to):

• Loss of earnings;

• Medical expenses;

• Loss caused due to destruction and damage of any property;

• Maintenance for the aggrieved person and her children.

In case the respondent breaches the protection order given by the magistrate, he shall be liable under this Act. He shall be liable with:

• Punishment upto a term extending to one year, or

• Fine ( at maximum 20,000 Rupees)

Deeksha Singh

The author is an final year Law student from Banasthali Vidyapith.