As per the recent report of Hindu.com, over 2300 domestic violence complaints were filed with the National commission for Women from January to May 2021. Protection of Women from Domestic Violence Act, 2005 comes as a rescue for them which help protect their rights and allow them to lead their life with self-respect.
Introduction of Protection of Women from Domestic Violence Act, 2005
Protection of Women from Domestic Violence Act, 2005 was enacted by the Parliament of India and came into force from 26th October 2006. This act protects the rights of women who are the victims of violence within the shared household. The Act provides quick, easy civil and criminal remedies to ensure immediate relief and effective protection to the victims of violence.
Meaning of 'Domestic Violence' under Protection of Women from Domestic Violence Act, 2005
Section 3 of Protection of Women from Domestic Violence Act, 2005 defines 'Domestic Violence'. It is a comprehensive definition and captures women's experience of abuse. It not only includes physical violence but also other forms of violence such as emotional/verbal, sexual, and economic abuse.
Physical abuse includes any act or conduct which is of such a nature that can cause harm, danger to the life or health or limb of the woman or impair the health of the woman due to assault, intimidation or criminal force.
Verbal or emotional abuse includes any act of abuse, degrades or violates the dignity of a woman through insults, ridicule, humiliation, and name-calling with regard to not having a child or a male child. It also includes repeated threats to cause physical pain.
Economic abuse includes deprivation of economic or financial resources that the aggrieved person is entitled to receive as the household necessity under any law or order of court. It also includes deprivation of stridhan or any other joint property held by the aggrieved person.
Meaning of Shared Household under Domestic Violence Act
Shared household means a household where the aggrieved woman lives or shares a domestic relationship with the respondent. The household is joint between the aggrieved person and the respondent whether tenanted or owned. A shared household may belong to the joint family of which the husband is a member irrespective of the fact that the husband or the estranged wife have any title, interest or right in the said household.
Powers and Duties of police officers, shelter homes, service providers, magistrate under Domestic Violence Act:
The provision of Domestic Violence Act 2005 appoints domestic violence Protection officers by the State Government in every district, motivates the participation of voluntary associations as the service providers. Magistrate also plays an eminent role in imparting welfare to the victim.
Let's look at their duties under the Domestic Violence Act:
- Protection Officer: As per Domestic Violence Act, the Protection officer ensures that the aggrieved person is provided legal aid. He makes a domestic incident report to the Magistrate. He maintains all the list of the service providers providing legal aid, counseling, shelter homes and medical facilities in a local area within the jurisdiction of Magistrate.
- Shelter Homes: If an aggrieved woman or a protection officer or a service provider requests the in-charge of a shelter to provide shelter to her, then it’s his duty to provide shelter and other necessary facilities to the aggrieved woman.
- Medical Provider: If an aggrieved person or protection officer or a service provider requests the person-in-charge of a medical facility to provide any medical aid to her, he/she will be liable to offer medical facilities to the aggrieved woman.
Counseling order (Section 14): The magistrate may direct the respondent or the aggrieved person to undergo counseling.
Protection Orders (Section 18): After giving the aggrieved person and the respondent an opportunity of being heard, the Magistrate may pass a protection order in favor of the aggrieved person and prohibit the respondent from:
- Committing any act of domestic violence.
- Aiding or abetting in the commission of acts of domestic violence.
- Entering the place of employment of an aggrieved woman.
- Attempting to communicate in any form with the aggrieved person including personal, oral or written communication.
- Alienating any assets, operating bank lockers or bank accounts used or held by both parties, jointly by the aggrieved person and the respondent including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the Magistrate.
- Causing violence to the dependants, other relatives or any person who gives the aggrieved person assistance from domestic violence.
Residence orders given by the Magistrate (Section 19):
- Restraining the respondent from dispossessing or disturbing the possession of the aggrieved person from the shared household.
- Directing the respondent to remove himself from the shared household.
- Restraining the respondent to enter any portion of the shared household in which the aggrieved person resides.
- Restraining the respondent from disposing of the shared household or the same.
- Directing the respondent to secure the same level of accommodation like she had during the shared household or pay rent for the same.
- Restraining the respondent from renouncing his rights in the shared household, except in the scenarios where Magistrate gives the leave.
Monetary relief given by the Magistrate (Section 20):
Magistrate may direct the respondent to pay monetary relief to meet daily expenses and losses suffered by the aggrieved person and any child of the aggrieved person. The relief may include but is not limited to:
- Loss of earnings.
- Medical expenses.
- Loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person.
- Maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.
(2) Under this section, the monetary relief shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.
(3) The Magistrate can order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.
(4) The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to the parties to the application and to the in-charge of the police station within the local limits of whose jurisdiction the respondent resides.
(5) The respondent shall have to pay the monetary relief granted to the aggrieved person within the period specified in the order under sub-section (1).
(6) In case the failure happens on the part of the respondent to make payment in terms of the order under sub-section (1), the Magistrate may direct the debtor or an employer of the respondent, to directly pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent.
Compensation order by the Magistrate (Section 22): As per Domestic Violence Act 2005, Magistrate may pass an order to direct the respondent to pay compensations and damages for the injuries including emotional distress as well as mental torture.
