This Act ensures a woman’s right to live in her marital home. This Act has a special feature with specific provisions that protect a woman to “live in a violence-free home”. Although the Act has civil and criminal provisions, the aggrieved woman can seek immediate civil remedy within 60 days. The victimized woman can file a case under this Act against any male adult offender who is in a domestic relationship with her. They may also include the male partner’s spouse and other relatives as defendants to find remedies in their case.
What is this law?
- The Domestic Violence Act was introduced in 2005 to protect a woman from domestic violence.
- According to this law, all those women who have a mother, wife, wife, daughter or widow in their household are included. Live-in women have also been included.
- Under the law, a woman living in a shared household can be protected from harm to her health, safety, life, body parts or mental state. This law covers physical, mental, psychological, economic and sexual violence. Economically, this means that if a husband or son forcibly demands money or anything from his wife or mother, the woman can file a case under the Domestic Violence Act.
- Not only this, even a gadfly woman cannot be downloaded for an Oscar. Also, the woman or her relatives cannot be harassed or threatened.
Main Objective
Mainly it aims to protect the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives, this law also protects women living in the house like sisters, and widows or mothers. Domestic violence under the Act includes actual abuse, whether physical, sexual, verbal, emotional or economic or the threat of abuse. This definition also includes harassment of the woman or her relatives through demand for illegal dowry. Recently, a district court in Mumbai has held that domestic violence is not limited to physical injury or abuse, but also includes sexual, verbal, emotional and financial abuse.
Who can complain?
- Only a woman can file a petition under the Domestic Violence Act. If the woman cannot file a complaint then a complaint can also be filed on her behalf.
- Even a child can file a petition under this law. The mother of such a child can file a complaint on behalf of her minor child. Whether the baby blanket is a boy or a girl.
- Under Section 2(A) of the Domestic Violence Act, only the woman is considered a ‘victim’. ‘Victim’ means a woman who is a victim of domestic violence.
- The woman has also challenged the word ‘accused’ under Section 2(A) in the Delhi High Court. Because it is being claimed that the ‘victim’ can only be a woman or a girl.
Salient features of the Domestic Violence Act
- Ensures right to abode under section 17.
- Recognizes economic violence and ensures economic relief.
- Recognizes verbal and emotional violence.
- Provides temporary custody of the child.
- Decision within 60 days of the case being registered.
- Multiple decisions in the same case.
- Cases can be registered under the PWDV Act even if other cases are pending between the parties.
- Both the petitioner and the respondent can appeal.
Who can you file a petition against?
- Under this law, a complaint can be made against any adult man with whom the woman has a domestic relationship. Then the wish could be for a husband, a father, a brother or another relative.
- Both men and women with disabilities are included under this law. Understand it this way, if a woman is a victim of domestic violence against a Muslim, she can file a petition along with her husband, in-laws, husband’s sister-in-law, etc.
Which petition cannot be filed?
- Under this law, no woman can file a complaint against any man. Even a mother-in-law cannot file a petition against her daughter-in-law.
- However, if a woman commits violence against her son she can file a complaint against her daughter-in-law.
What is the punishment?
- Under this law, the Magistrate Court issues orders. There are many types of orders in this. The Magistrate can order to provide shelter, residence and medical facilities to the victimized woman.
- If a dowry is demanded from the wife or her family and the woman is harassed for this, then a case is registered under the Dowry Prohibition Act 1961.
- Section 498A was added to the IPC in 1986 to protect women from dowry harassment. If a woman is physically, mentally or in any other way harassed for dowry, a case is registered under this section.
- Under Section 498A, if a husband or his relative subjects his wife to cruelty or torture, he can be punished with imprisonment of up to three years and a fine, if found guilty.
Also Read:
- What is the POCSO Act?: Key Features and Penal Provisions
- Family Planning Program: Background, Objectives & Features
