INTRODUCTION

Domestic violence is quite common in Indian society. Generally men are the perpetrators and women are the victims. It has become an inseparable part and parcel of family life – men’s right and women’s due. Women in India have been resenting the practice in various forms and demanded legislative protection against violence. Under the pressure of women’s movements and the international community the Government of India has enacted. “Protection of women from Domestic Violence Act 2005 and its rules in 2006.

This is a secular law applicable on all religious faiths. This is a civil law aimed to protect the women and not intended to penalize the perpetrators of violence. It defines domestic violence comprehensively – covering physical, psychological, economic and sexual violence. It is applicable on all relations – sister, daughter, sister-in-law, wife, mother and live-in relationship. This act recognizes different rights of the victim. It laid down simple procedures for using these rights so as to not lay emphasis on evidence. The basic purpose of this article is to critically analyze the Protection of Women from Domestic Violence Act, 2005, which is a landmark piece of legislation and has identified the lacuna, ambiguities and the deficiencies in the present legal system on the basis of analysis of the legal provisions. 

PURPOSE OF DOMESTIC VIOLENCE ACT

In order to determine the object of any Act, a close analysis of the Preamble of the Act is necessary. The object of the Domestic Violence Act is to protect women from abuse in the household and protect and save the family. The purpose of Domestic Violence Act are as follows : 

1.The protection of women from Domestic Violence Act, recognises domestic violence as  a violation of human rights.It was due to safeguard the same.

2.The Domestic Violence Act was enacted as an effective means to protect the rights guaranteed under Article 14, 15 and 21 of the Constitution of India.

3.The law guarantees complete protection of women in their house itself without any interference to her right to reside.

4.It clearly defines domestic violence in terms that are not limited to physical violence and cruelty but extended to include mental, sexual and economic abuse.

5.This act defines domestic violence as an attack against someone by any other person with whom they are presently, or have been in a domestic relationship. It also provides protection for victims of domestic violence and seeks to punish the perpetrators of such crimes.

MAIN PROVISIONS OF DOMESTIC VIOLENCE ACT

Section 4 (1) states that any person who has reason to believe that an act of domestic violence has been, or is being, or is likely to be committed, may give information about it to the concerned protection officer.

Section 5 states duties of police officers, service providers and magistrate.

Section 6 provides shelter homes to the aggrieved person on request made by the protection officer or a service provider.

Section 12 states the procedure for obtaining relief from the magistrate.

Section 17 gives the right to women to reside in a shared household, whether or not she has any right, title or beneficial interest in the same.

Section 18 states about the protection order given to the aggrieved person by the magistrate.

Section 19 states about the residence orders given to the aggrieved person by the order of magistrate, 19(3) the magistrate directs the respondent to execute a bond if required, with or without sureties, for preventing the commission of domestic violence.

Section 20 directs the respondent to pay monetary relief to the aggrieved person and any child of the aggrieved person as a result of the domestic violence.

Section 22 orders the respondent to pay compensation to the aggrieved person for the injuries, including mental torture and emotional distress caused by him by the acts of domestic violence on an application made by the aggrieved person.

Section 31 states penalty for breach of protection order by respondent , if the respondent breaches a protection order or an interim protection order he shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.

Section 33 penalizes the protection officer if he fails to discharge his duties as directed by the magistrate in the protection order without reasonable cause.

CONCLUSION

Domestic Violence refers to a form of violence  which is committed by the partner in an intimate relationship against the other partner. It is a broader concept and it is also against children, parents or elderly ones. Domestic Violence can have major effects on victims, children and families. Since the victims are the ones who may be the most affected, they need to know that there are many resources and many people there for them to be able to come forward and let others know what is going on with them. This will allow them to get help and keep the abuser far away from them and stop themselves from being harmed. The effects of abused children are also major and are sometimes long term.  Victims can also feel embarrassed that they let it get this far or they may also feel shameful. Coming forward needs to be something that victims will automatically do if they are in a domestic violence relationship.

Domestic Violence can continue even after divorce and the reach of the Act should not be shackled by confining only for the protection of women living in marriage. It illustrated how a divorced husband could resort to violence by entering the workplace of his former wife to commit an act of violence, or even attempt to communicate with her, or threaten or cause violence to her relatives or dependants or any other person. Thus, there is a dire need to continuously review the laws relating to Domestic Violence and serve the cause for justice in society . It will also strengthen the idea for enlarging the scope and purpose of the Domestic Violence Act. 

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on Facebook, Twitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.