Domestic Violence Act

The issue of domestic violence affects families and individuals around the world. Domestic Violence Act has been enacted to tackle and combat this issue in India. The Domestic Violence Act is discussed in detail, with an introduction to its provisions, its applicability and some examples that will help you better grasp its significance and implications.

Domestic Violence Act

The Domestic Violence Act was officially named “The Protection of Women from Domestic Violence Act of 2005”. Its purpose is to better protect women from violence of all kinds that occurs within their family.

Domestic Violence Act: Key Features

• Definition of Domestic violence

  According to the Act “domestic abuse” includes acts, omissions, commissions, or conduct that is harmful or likely to be harmful for the mental or physical health, safety, and well-being of the women. It includes verbal abuse, physical abuse and sexual abuse.

• Orders of Protection

  The Act gives the courts the power to issue protective orders that prevent abusers from perpetrating domestic violence.

• Residence Orders

  The Act allows the court to issue orders to prevent the victim from being displaced from the shared household and to reside in the shared household irrespective of her right to the household.

• Monetary Relief

  The Act empowers the court to direct the abuser to provide monetary relief to meet the expenses incurred by the woman and her children as a result of the domestic violence.

• Custody Orders

  The Act allows the court to grant temporary custody of children to the aggrieved woman or the person making an application on her behalf.

• Compensation Orders

  The Act enables the court to award compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by the respondent.

• Right to Legal Aid

  The Act ensures that the aggrieved person has the right to free legal aid under the Legal Services Authorities Act, 1987.

Important Provisions and Their Impact

Section 3: Definition of Domestic Violence

This section outlines the various forms of domestic violence, encompassing physical, emotional, sexual, and economic abuse. This broad definition allows for comprehensive protection and recognizes the nuanced forms of abuse.

Section 4: Information and Complaints

Any person who has reason to believe that an act of domestic violence has been, or is being committed, can inform the Protection Officer. This provision emphasizes the role of society in combating domestic violence.

Section 12: Application to Magistrate

An aggrieved person or a Protection Officer on behalf of the aggrieved person can present an application to the Magistrate seeking reliefs under the Act. Importantly, this section highlights the procedural accessibility for victims.

Section 18: Protection Orders

This section empowers the Magistrate to pass protection orders prohibiting the respondent from committing any act of domestic violence or aiding or abetting in the commission of such acts, among other prohibitions.Section 19: Residence Orders

Recognizing the critical need for a victim’s stability and safety, this section can direct the abuser to remove themselves from the shared household and restraint them from alienating or disposing of the shared household.

Notable Examples and Case Studies

Case 1: Protection of Shared Household

In the landmark case of V.D. Bhanot vs Savita Bhanot, 2012, the Supreme Court ruled in favor of granting the wife’s right to reside in the shared household even though the complainant-wife was not living with her husband at the time the complaint was lodged. This case underscored the Act’s provision about the aggrieved person’s right to reside in the shared household.

Case 2: Broadening the Scope of Domestic Violence

In Hiral P. Harsora vs Kusum Narottamdas Harsora, 2016, the Supreme Court struck down the words “adult male” before the word “person” in the definition of respondent. This was instrumental in broadening the scope of protection under the Act to include women and children as potential respondents, thereby giving a more inclusive interpretation to the legislation.

Case 3: Economic Abuse

In the case of Amit Kapoor vs Rameshwari Devi, 2012, the court addressed the economic abuse aspect, directing the husband to pay monetary compensation to the wife, emphasizing that economic deprivation is as critical as physical abuse.

Challenges and the Way Forward

Challenges in Implementation

• Lack of Awareness: Many women, especially in rural areas, are unaware of their rights under the Domestic Violence Act.
• Societal Pressure: Victims often face societal pressure to withdraw complaints and reconcile with the abusers.
• Inadequate Support Systems: There is a lack of sufficient shelters and support systems for victims.

Recommendations for Improvement

• Enhanced Awareness Campaigns: Government and NGOs should collaborate on awareness campaigns to educate women about their rights.
• Strengthening Support Systems: Increase the number of shelters and support services available to victims.
• Legal Assistance and Counseling: Providing free legal assistance and psychological counseling to victims of domestic violence.
• Training Law Enforcement: Regular training for police and judicial officers on handling domestic violence cases sensitively and efficiently.