Domestic Violence

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

 

Domestic Violence

Tanmoy Mukherji

Advocate

Domestic violence refers to abuse or violence committed within a domestic relationship, usually by a husband or male partner against a woman. It includes not only physical abuse but also emotional, sexual, verbal, and economic abuse.

→In India, domestic violence is primarily governed by the Protection of Women from Domestic Violence Act, 2005 (PWDVA).

Definition (Section 3, PWDVA, 2005)-

Domestic violence includes any act, omission, or conduct of the respondent which harms or injures or endangers the health, safety, life, limb, or well-being (mental or physical) of the aggrieved woman.

Types of Domestic Violence-

Under Section 3, domestic violence includes:

Who Can Seek Protection?

Aggrieved Person (Section 2(a))

Any woman who is or has been in a domestic relationship with the respondent and alleges domestic violence.

Domestic Relationship (Section 2(f))

Relationship by:

→Marriage

→Blood

→Adoption

→Live-in relationship

→Family members living together in a shared household

→Respondent

→Any adult male who is or has been in a domestic relationship

(Post Supreme Court interpretation, female relatives can also be respondents)

Reliefs Available under the Act

Protection Order (Section 18)

→Prevents further violence

→Restrains communication or visits

Residence Order (Section 19)

→Right to reside in shared household

→Cannot be evicted

Monetary Relief (Section 20)

→Maintenance

→Medical expenses

→Loss of earnings

Custody Order (Section 21)

→Temporary custody of children

→Compensation Order (Section 22)

→Compensation for mental torture and emotional distress

Role of Authorities

Protection Officer: Assists the victim

Service Providers: NGOs, shelter homes

Magistrate: Grants relief within 60 days

Reference Case Laws-

Punishment-

Breach of protection order:

Imprisonment up to 1 year or fine up to ?20,000 or both (Section 31)

Objectives of the Act

Domestic violence is a serious violation of human rights and dignity. The Protection of Women from Domestic Violence Act, 2005 provides comprehensive civil remedies to ensure protection, residence, maintenance, and justice for women in domestic relationships.