Protection of Women

from Domestic
Violence Act, 2005
 What is Domestic Violence?
• Domestic violence can be broadly defined as a pattern of abusive behaviors by one or both partners
in an intimate relationship such as marriage, dating, family, friends or cohabitation.

• It is the establishment of control and fear in a relationship through violence and other forms of
abuse.

• The violence may involve physical abuse, sexual assault and threats.

• The abuser tortures and controls the victim by calculated threats, intimidation, and physical violence.

• In most cases, the victims are women. Children in homes where there is domestic violence are also
abused or neglected.

• Domestic violence is a CRIME and you must seek help.

 Forms of Domestic Violence
Physical violence involves the use of physical force against another. Examples include
hitting, shoving, grabbing, biting, restraining, shaking, choking, burning, forcing
drug/alcohol use, and assault with a weapon, etc. Physical violence may or may not result in
an injury that requires medical attention. Denying medical care, sleep deprivation, and
forced drug or alcohol use, are also forms of physical abuse. It can also include inflicting
physical injury onto other targets, such as children or pets, in order to cause emotional
harm to the victim.
Acid attacks, are an extreme form of violence in which acid is thrown at the victims, usually
their faces, resulting in extensive damage including long-term blindness and permanent
scarring.
Bride burning or dowry killing is a form of domestic violence in which a newly married
woman is killed at home by her husband or husband's family due to their dissatisfaction over
the dowry provided by her family
Sexual violence involves the violation of an individual’s bodily integrity (sexual assault),
including coercing sexual contact, rape, and prostitution, as well as any unwelcome sexual
behavior (sexual harassment), including treating someone in a sexually demeaning manner
or any other conduct of a sexual nature, whether physical, verbal, or non-verbal. Sexual
abuse also includes behavior which limits reproductive rights, such as preventing use of
contractive methods and forcing abortion.
Sexual contact between an adult and a child, is one form of familial sexual violence. In some
cultures, there are ritualized forms of child sexual abuse taking place with the knowledge and
consent of the family, where the child is induced to engage in sexual acts with adults, possibly
in exchange for money or goods.
Reproductive coercion (also called "coerced reproduction") are threats or acts of violence
against a partner's reproductive rights, health and decision-making; and includes a collection
of behaviors intended to pressure or coerce a partner into becoming pregnant or ending a
pregnancy.
In some cultures, marriage imposes a social obligation for women to reproduce.
Psychological abuse is often characterized as intimidation, threats of harm, and isolation.
Examples include instilling fear in an intimate partner through threatening behavior, such as
damaging property or abusing pets, constant supervision, or controlling what the victim
does and who they talk to. Spiritual abuse may be included as a type of psychological abuse.
It involves the misuse of spiritual or religious beliefs to manipulate or exert power and
control over an intimate partner (i.e., using scripture to justify abuse or rearing the children
in a faith or religious practice the partner has not agreed to).
A wide variety of behaviors fall under the umbrella of psychological abuse. Some common
examples include:
• Preventing the victim from talking to people unless they have "permission";
• Preventing the victim from leaving the house;
• Threatening the victim with violence or
• Emotional blackmail for doing something the abusive partner doesn't agree with.
Economic abuse involves making or attempting to make the victim financially dependent
on the abuser. Examples of economic abuse include preventing or forbidding an intimate
partner from working or gaining and education, controlling the financial resources, and
withholding access to economic resources. A victim may be put on an allowance, allowing
close monitoring of money is spent, preventing spending without perpetrator consent,
leading to the accumulation of debt or depletion of the victim's savings.

Emotional and verbal abuse is a pattern of behavior that threatens, intimidates,

dehumanizes or systematically undermines self worth. Examples of emotional abuse

include constant criticism, name-calling, embarrassing, mocking, humiliating, and treating
like a servant.
 Definitions
• Domestic Violence
The term ‘domestic violence’ has been used in widest sense which covers all forms of physical , sexual,
verbal, emotional and economic abuse that can harm, cause injury to, endanger the health safety, life ,
limb or well-being either mental or physical of the aggrieved person.
• ‘Aggrieved person’
The span of the term ‘aggrieved person’ covers not just a wife but a woman who is the sexual partner of
the male irrespective of whether she is legal wife or not (includes live-in relationships as well)
The daughter, mother, sister, child (male or female), widowed relative, in fact, any woman residing in
the household who is related in some way with the respondent is covered by the act.
• ‘Respondent’
The term ‘respondent’ implies “any male, adult person who is, or has been, in a domestic relationship
with the aggrieved person”.
This ensures that the respondent’s mother, sister and other relatives do not go scott free, the case can
also be filed against relatives of the husband or the male partner.
 Basic Features of the Act
• Apart from the victim herself, the complaint regarding an act or act of domestic violence
can also be lodged by ‘any person who has a reason to believe that’ such an act was
committed or is being committed. This means that neighbors, social workers, relatives can
also take initiative. And the provisions of the Domestic Violence Act make sure that ‘no
criminal, civil or any other liability’ lies on the informer, if the complaint is lodged in good
faith.
• The magistrate has been given powers to permit the aggrieved women to stay in her place of
adobe and she can not be evicted by her male relatives in the retaliation.
This is not all; the aggrieved woman can even be allotted a part of the house for personal use.
• The act makes provisions for state to provide for protection officers and status of ‘service
providers’ and ‘medical facility’.
• Chapter 4 Sec 16 allows the magistrate to hold proceedings in camera “if either party to the
proceedings so desires”.
• The respondent can be prohibited from dispossessing the aggrieved person or in any other
manner disturbing her possessions, entering the aggrieved person’s place of work, if the
aggrieved person is a child, the school. Also magistrate can bar the respondent to
communicate with aggrieved person by “personal, oral, written, electronic or telephonic
contact.”
• The magistrate can impose monthly payments of maintenance. The respondent can also be
ordered to meet the expenses incurred and losses suffered by the aggrieved person and any
child of aggrieved person as a result of domestic violence. It can also cover loss of earnings,
medical expenses, loss or damage to property.
Under Sec 22 magistrate can make the respondent pay compensation and damages for
injuries including mental torture and emotional distress caused by act(s) of domestic violence.
• The act ensures speedy justice as the court has to start proceedings and have the first
hearing within 3 days of the complaint being filed in the court and every case must be
disposed off within a period of sixty days of the first hearing.
• Penalty up to one-year and/or a fine up to Rs. 20,000/- can be imposed under the act. The
offence is also considered cognizable and non-bailable while Sec 32 (2) goes even says that
‘under the sole testimony of the aggrieved person, the court may conclude that an offence
has been committed by the accused”.
 Need of the Act
Domestic Violence is undoubtedly an issue regarding the Human Rights & a serious bridle to
development. The phenomenon of domestic Violence is widely prevalent but has remained
largely deceptive in public.

The civil Law does not address this phenomenon in its entirety. In order to provide a remedy
in the civil law for the protection of women from being sufferer of the domestic violence and
to avert domestic violence in the society “THE PROTECTION OF DOMESTIC
VIOLENCE ACT” was introduced and came into force in 2005. It guarantees article14,15,
and 21 of the Indian Constitution.
 Who is covered under the Act?
The Act covers all women who may be mother, sister, wife, widow or partners living
in a shared household. The relationship may be in nature of marriage or adoption. In
addition relationships with family members living together as a joint family are also
included. However, no female relative of the husband or the male partner can file a
complaint against the wife or the female partner, for e.g. the mother-in-law cannot file
an application against a daughter-in-law, but she can file an application against her
daughter-in-law for abetting her son to commit violence against her.
Who can File a Complaint?
• Any woman who alleges to have been subjected to any act of domestic violence by the
offender or any person may file a complaint on her behalf
• A child is also entitled to relief under the Domestic Violence Act. The mother of such a
child can make an application on behalf of her minor child (whether male or female). In
cases where the mother makes an application to the court for herself, the children can also
be added as co-applicants.
Against whom Complaint can be Filed?
• Any adult male member who has been in a domestic relationship with the woman
• Relatives of the husband or the male partner
• Includes both male and female relatives of the male partner
To whom can information be given or complaint be made?
• Information may be given arid complaint can be made to a police officer/Protection
Officer/Service provider (an NGO) or Magistrate.
 What is a Domestic Relationship?
• Relationship between two persons who live or have at any point of time lived together in a
shared household

• Includes relationship of consanguinity, marriage, relationship in the nature of marriage.

• Shared household is a household where the woman lives or has lived with the man in a
domestic relationship. She may not be living in the shared household at the time of the
application for relief but such women are entitled to relief under the Domestic Violence
Act as long as the domestic relationship subsists.

• Every woman in a domestic relationship has the right to reside in the shared household,
even if she does not have any right, title or interest in it.
 Provision for Shelter Home and
Medical Aid
An aggrieved person or on her behalf a Protection Officer or service provider can request to a
person in charge of a shelter home or a medical facility to provide shelter or medical aid to
her.
Who may file an application to the magistrate?
• An aggrieved person or
• A Protection Officer or
• Any other person on behalf of the aggrieved person may present an application to the
magistrate
• It is the duty of the protection officer and the service provider to provide all assistance to
the woman who is a victim of domestic violence.
Orders which a magistrate may pass under the Act
The Magistrate may-
• Direct the respondent or the aggrieved person, either singly or jointly, to undergo
counseling.
• Direct that the woman shall not be evicted or excluded from the household or any part of
it.
• If considered necessary, the proceedings may be directed to be conducted in camera.
• Issue Protection order, providing protection to the woman.
• Grant monetary relief to meet the expenses incurred and losses suffered by the aggrieved
person and any child of the aggrieved person as a result of the domestic violence.
• Grant custody orders, i.e., temporary custody of any child or children to the aggrieved
person.
• Breach of any order of the Magistrate is an offence which is punishable under the law.

i. The Act is in addition to existing laws

ii. Aggrieved person has the right to file a complaint simultaneously under Section
498A JPC

iii. Reliefs under the Domestic Violence Act can also be asked for in other legal
proceedings e.g. petition for divorce, maintenance, Section 498A IPC, etc

• Grant compensation/damages for the injuries. Including mental torture and emotional
distress caused by the acts of domestic violence committed by that respondent.
 Domestic Incident Report [DIR]
• Upon receipt of a complaint of domestic violence, the Protection Officer or the Service
Provider has to prepare a DIR in Form 1 (as provided in the Domestic Violence Act) and
submit the same to the Magistrate and copies of the same to the police officer in charge of
the concerned police station.

• If the woman so desires, the Protection Officer or the Service Provider can assist the
woman in fling the applications for reliefs and a copy of the DIR is to be annexed with such
an application.
 Shared Household
A Household where the victim lives or at any stage of time, have lived with in a domestic
relationship either singly or along with the perpetrator and includes such households whether

• Owned,

• Tenanted either jointly by the victim and the perpetrator,

• Or owned or tenanted by either of them in respect of which either of them or both jointly
or singly have any right, title, interest or equity and includes such a household which may
belong to the joint family of which the perpetrator is a member, irrespective of whether the
perpetrator (respondent) or the victim (aggrieved person) has any right, title or interest in the
shared house hold.
 What you need to do?
• Raise your voice.

• Talk to your friends and relatives about it.• Take the help of an NGO or police.

• Take the help of the protection of women against domestic violence act, 2005 (PWDV
ACT, 2005) and contact the protection officer of your area and register DIR (Domestic
Incident Report).

• You can also go directly to the magistrate.

 How Law can Help You?
• Under the PWDV Act, 2005 you can get the following reliefs/orders:

• Protection (from any act of domestic violence) order

• Residence orders – right to reside.

• Monetary reliefs.

• Custody orders.

• Compensation orders.

• Interim and ex-parte orders.