Protection of Women from Domestic Violence Act 2005

<–2/”>a >Violence against Women is a manifestation of historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women. The United Nations Declaration on the Elimination of Violence against Women, General Assembly Resolution, December 1993.

Domestic violence is one of the most common crimes against women which is inextricably linked to the perpetuation of patriarchy. Domestic violence refers to violence against women not only in matrimonial homes but also in live-in relationship. Domestic violence is recognized as the significant barrier in the path of Empowerment/”>Women Empowerment and also skews the democratic set up of the Polity. India has specifically legislated Domestic Violence Act in 2005 to reduce the violence against women but the same has bore mixed result as of now.

Domestic Violence: The term domestic violence includes elaborately all forms of actual abuse or threat of abuse of physical, sexual, verbal, emotional and economic nature that can harm, cause injury to, endanger the Health, safety, life, limb or well-being, either mental or physical of the aggrieved person. The definition is wide enough to cover child sexual abuse, harassment caused to a woman or her relatives by unlawful dowry demands, and marital rape.

Domestic violence can be physical, emotional, psychological, financial, or sexual. Being victimized by a situation of domestic violence can create feelings of helplessness and even self-doubt.

Physical abuse includes:

 pushing, throwing, kicking

 slapping, grabbing, hitting, punching, beating, tripping, battering, bruising, choking, shaking

 pinching, biting

 holding, restraining, confinement

 breaking bones

 assault with a weapon such as a knife or gun

 burning

 murder

Verbal or nonverbal abuse of a spouse or intimate partner may include:

 threatening or intimidating to gain compliance

 destruction of the victim‘s personal property and possessions, or threats to do so

 violence to an object (such as a wall or piece of furniture) or pet, in the presence of the intended victim, as

 a way of instilling fear of further violence

 yelling or screaming

 name-calling

 constant harassment

 embarrassing, making fun of, or mocking the victim, either alone within the household, in public, or in front of family or friends

 criticizing or diminishing the victim‘s accomplishments or goals

 not trusting the victim‘s decision-making

 telling the victim that they are worthless on their own, without the abuser

 excessive possessiveness, isolation from friends and family

 excessive checking-up on the victim to make sure they are at home or where they said they would be saying hurtful things while under the influence of drugs or alcohol, and using the substance as an excuse to say the hurtful things

 blaming the victim for how the abuser acts or feels

 making the victim remain on the premises after a fight, or leaving them somewhere else after a fight, just to ―teach them a lesson‖

 making the victim feel that there is no way out of the relationship

Sexual abuse includes:

 sexual assault: forcing someone to participate in unwanted, unsafe, or degrading sexual activity

 sexual harassment: ridiculing another person to try to limit their sexuality or reproductive choices sexual exploitation (such as forcing someone to look at pornography, or forcing someone to participate in pornographic film-making)

Basic Features of the Domestic Violence Act, 2005

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.
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.
Penalty up to one-year and/or a fine up to Rs. 20,000/- can be imposed under 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‖.
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.
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 Protection of Women from Domestic Violence Act, 2005 (PWDVA) is an Act of the Parliament of India enacted to provide for protection of women from domestic violence. The Act defines domestic violence to include physical, emotional, sexual, verbal, economic, and religious abuse. It also provides for a protection order, which can be issued by a Magistrate to protect the victim from further violence. The Act also provides for compensation to the victim and for the rehabilitation of the victim.

The following are the sub-topics of the Protection of Women from Domestic Violence Act, 2005:

Definitions
Domestic violence
Protection order
Compensation
Rehabilitation
Offences and penalties
Enforcement
Miscellaneous

The Act came into force on 26th November, 2005.

Definitions

The Act defines domestic violence as:

any act, omission or commission or conduct of a man, against a woman, who is or has been in a domestic relationship with him,
that harms or injures or endangers the safety, health, life, limb or well-being, whether mental or physical, of the woman,
or tends to do so,
or renders her life miserable,
or interferes with her right to free movement,
or right to residence and settlement,
or with her right to Education,
or with her right to livelihood,
or with her Right to Property,
or with her right to inheritance,
or with her right to Equality before the law or her right to freedom of thought, expression, belief, faith and worship.

Domestic violence

The Act defines domestic violence to include the following acts:

Physical violence: This includes any act which causes physical injury to the woman, such as hitting, kicking, burning, etc.
Sexual violence: This includes any act which is of a sexual nature and is committed against the woman without her Consent, such as rape, sexual assault, etc.
Verbal abuse: This includes any act which is of a verbal nature and is intended to humiliate, degrade or intimidate the woman, such as name-calling, shouting, etc.
Emotional abuse: This includes any act which is of an emotional nature and is intended to harm the woman’s mental or emotional well-being, such as threats, intimidation, etc.
Economic abuse: This includes any act which is of an economic nature and is intended to harm the woman’s financial or economic well-being, such as controlling her finances, preventing her from working, etc.
Religious abuse: This includes any act which is of a religious nature and is intended to harm the woman’s religious beliefs or practices, such as forcing her to convert to a different religion, etc.

Protection order

A protection order is an order that can be issued by a Magistrate to protect the victim from further violence. The order can include the following provisions:

Restraining the abuser from contacting the victim or coming near her.
Requiring the abuser to vacate the shared household.
Directing the abuser to pay maintenance to the victim.
Directing the abuser to undergo counseling.

Compensation

The Act provides for compensation to the victim of domestic violence. The compensation can be awarded by the Magistrate on the basis of the following factors:

The nature and extent of the violence suffered by the victim.
The financial condition of the victim.
The financial condition of the abuser.
The ability of the abuser to pay compensation.

Rehabilitation

The Act provides for rehabilitation of the victim of domestic violence. The rehabilitation can include the following measures:

Providing shelter to the victim.
Providing medical treatment to the victim.
Providing counseling to the victim.
Providing legal aid to the victim.
Providing financial assistance to the victim.

Offences and penalties

The Act provides for offences and penalties for contravention of the provisions of the Act. The offences include:

Domestic violence.
Abetment of domestic violence.
Attempt to commit domestic violence.
Harboring an abuser.
Causing hurt to the victim.
Criminal intimidation of the victim.
Molestation of the victim.
Rape of the victim.
Sexual harassment of the victim.
Forcing the victim to prostitution.
Trafficking of the victim.

The penalties for the offences include imprisonment for a term which may extend to three years, or with fine, or with both.

Enforcement

The Act provides for the establishment of Protection Officers and Family Courts for the enforcement of the provisions of the Act. The Protection Officers are responsible for providing protection to the victims of domestic violence. The

What is domestic violence?

Domestic violence is any act of physical, emotional, sexual, or financial abuse that occurs between intimate partners. It can happen to anyone, regardless of age, race, religion, or socioeconomic status.

What are the signs of domestic violence?

There are many signs of domestic violence, but some of the most common include:

Physical abuse, such as hitting, kicking, or choking
Emotional abuse, such as name-calling, threats, or intimidation
Sexual abuse, such as forced sexual intercourse or other unwanted sexual contact
Financial abuse, such as controlling the victim’s Money or preventing them from working
Isolation, such as preventing the victim from seeing friends or family

What can I do if I think someone I know is being abused?

If you think someone you know is being abused, the most important thing you can do is to talk to them. Let them know that you are there for them and that you care. You can also offer to help them find Resources, such as a shelter or a support group.

You can also call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or visit their website at thehotline.org. The hotline is available 24 hours a day, 7 days a week, and is staffed by trained advocates who can provide support and information.

What are the legal Options for victims of domestic violence?

There are a number of legal options available to victims of domestic violence, including:

Restraining orders: A restraining order is a court order that prohibits the abuser from contacting or coming near the victim.
Criminal charges: The abuser can be charged with a crime, such as assault or battery.
Civil lawsuits: The victim can sue the abuser for damages, such as medical expenses or lost wages.

What are the resources available to victims of domestic violence?

There are a number of resources available to victims of domestic violence, including:

Shelters: Shelters provide a safe place for victims to stay, as well as counseling and other support Services.
Support groups: Support groups provide a safe space for victims to share their experiences and connect with others who understand what they are going through.
Legal assistance: Legal assistance can help victims obtain restraining orders, file criminal charges, or file civil lawsuits.

Where can I find more information about domestic violence?

You can find more information about domestic violence on the following websites:

The National Domestic Violence Hotline: thehotline.org
The National Coalition Against Domestic Violence: ncadv.org
The Rape, Abuse & Incest National Network (RAINN): RAINN.org

Which of the following is not a type of domestic violence?
(A) Physical violence
(B) Emotional abuse
(C) Economic abuse
(D) Sexual abuse
Which of the following is not a right of a victim of domestic violence?
(A) The right to live in a safe and violence-free Environment
(B) The right to protection from her abuser
(C) The right to access to justice
(D) The right to be free from discrimination
Which of the following is not a duty of a person who has been accused of domestic violence?
(A) To refrain from any further violence against the victim
(B) To pay maintenance to the victim
(C) To attend counseling sessions
(D) To surrender his passport to the police
Which of the following is not a consequence of a conviction for domestic violence?
(A) Imprisonment
(B) Fine
(C) Community service
(D) Loss of custody of children
Which of the following is not a way to prevent domestic violence?
(A) Raising awareness about domestic violence
(B) Providing support to victims of domestic violence
(C) Enforcing laws against domestic violence
(D) Blaming the victim
Which of the following is not a sign of domestic violence?
(A) Your partner is constantly putting you down.
(B) Your partner controls your finances.
(C) Your partner threatens to hurt you or your loved ones.
(D) Your partner is always jealous and possessive.
If you are experiencing domestic violence, you should:
(A) Stay with your partner and try to work things out.
(B) Tell a trusted friend or family member.
(C) Call the police.
(D) All of the above.
If you know someone who is experiencing domestic violence, you should:
(A) Tell them that you are there for them and that you support them.
(B) Encourage them to leave their partner.
(C) Help them to find a safe place to stay.
(D) All of the above.
Domestic violence is:
(A) A crime.
(B) A health issue.
(C) A social problem.
(D) All of the above.
Domestic violence can affect:
(A) The victim.
(B) The abuser.
(C) The children of the victim and abuser.
(D) All of the above.

If you answered any of these questions incorrectly, please do not hesitate to contact a domestic violence hotline or shelter for more information.