The Protection of Women from Domestic Violence Act

The primary goal of the Protection of Women from Domestic Violence Acts is to safeguard women from abuse committed by both men and women. The Provisions of the Protection of Women from Domestic Violence Act, one of several laws the Parliament has passed to protect women, is a progressive law whose only goal is to defend women, regardless of the relationship they may have with the alleged perpetrator. The Act's definition of an aggrieved person is so broad that it encompasses even women who are in a live-in relationship with their Partners.

But while every law has benefits, it is unfortunate that many women have abused the provisions of this Act to drag, torture, and harass their husbands, in-laws, and family members into pointless legal battles in order to stoke personal animosity and stake a claim to the husband's and in-laws' property. It is one of the deadliest tools available to women to harass and extort money from males. But in recent decisions, the High Courts of numerous states, including the Apex Court, wisely overturned several women's abuses of the law's provisions while rendering some outstanding rulings on the subject.

Why does domestic violence have its own laws?

Because of −

• Even while domestic abuse is pervasive and affects many women on a daily basis in one way or another, it receives the least attention from the media. As a daughter, sister, wife, mother, partner, or single woman in her lifetime, a woman accepts her fate as having to endure violence and discrimination. Women are particularly vulnerable due to societal attitudes, the lack of laws specifically addressing women's issues, and the non-retaliation of women.

• Due to the social stigma of society and the mindset of women themselves, wherein women are supposed to be obedient, not only to their male counterparts but also to the man's relatives, the majority of incidences of domestic abuse are never reported.

• Prior to 2005, there were few civil court (divorce) and criminal court (Section 498A of the Indian Penal Code) options accessible to victims of domestic violence. The victim had no access to immediate relief, the remedies that were accessible were tied to marriage proceedings, and the court proceedings were always drawn out, leaving the victims always at the abuser's mercy.

• Additionally, non-marital relationships were not acknowledged. Due to a combination of factors, most women decided to endure their suffering in silence—not voluntarily, but due to need. In order to overcome these irregularities, it became necessary to pass the Protection of Women from Domestic Violence Act of 2005.

Constitutional Viewpoints

The Indian Penal Code was amended in 1983 to recognize domestic violence as a distinct criminal offense, but these changes were ineffective in curbing violence against women in the home or family. As a result, the legislature passed the Protection of Women from Domestic Violence Act, 2005, to safeguard women from domestic terrorism.

Article 253 of the Constitution was used by the Parliament to pass the relevant legislation. The Parliament is given the authority to enact laws in accordance with international treaties, conventions, etc., thanks to this provision. In order to implement the recommendations of the United Nations Committee, the Domestic Violence Act was passed (CEDAW). All of the Specific Recommendations' provisions, which are a component of General Recommendation No. 19, 1992, are included in the Act. On September 13, 2005, the President approved the Protection of Women from Domestic Violence Act, 2005, and on September 14, 2005, it was published in the Gazette of India, Ext., II, S.1.

The Domestic Violence Act in brief

Even for acts that were committed before the Domestic Violence Act's inception, the aggrieved person has the right to file an application under the Domestic Violence Act. The Act thus has a retroactive effect. In the case of V.D. Bhanot v. Savita Bhanot Supreme Court (2012) 3 SCC 183, the Supreme Court made clear this and upheld the Delhi High Court's position that -

"Even a wife who lived with her husband before the Act went into effect would be entitled to the Act's protection. The actions of the parties even before the Act went into effect may be taken into account while investigating a complaint under S. 12”

The 2005 Domestic Violence Act's goals

The Protection of Women from Domestic Violence Act of 2005 aims to accomplish the following goals −

• To recognize domestic abuse as a crime that must be punished by law, and to establish this.

• To offer defense to victims of domestic abuse when such crimes are committed.

• To swiftly, affordably, and conveniently deliver justice to the wronged party.

• To stop domestic abuse from happening and to respond appropriately if it does.

• To put in place suitable programs and initiatives for victims of domestic abuse and to ensure their recovery.

• To raise people's awareness of domestic violence.

• To impose severe penalties and must make those responsible for committing such horrible acts of violence accountable.

Important terms defined under the Domestic Violence Act

Aggrieved Person	An "aggrieved person" is defined as any woman who is or has been in a domestic relationship with the respondent and who alleges to have been the victim of any act of domestic violence by the respondent in Section 2(a) of the DV Act. As a result, any woman who is or has ever been in a domestic relationship is qualified to file a complaint under the Act's provisions.
Domestic Relationship	A "domestic relationship" is defined as a relationship between two people who share a home in Section 2(f) of the DV Act. Domestic relationships can also occur through adoption, live-in relationships, women in bigamous relationships, victims of legally invalid marriages, and widows. Domestic relationships can also occur through marriage, including those with wives, daughters-in-law, sisters-in-law, widows, and other family members. Regardless of whether they are married or not, the law addresses the interests of women of all ages. The DV Act's comprehensive definition of "domestic relationship"
Joint Household	A shared household is defined as where the aggrieved person or a woman lives in a domestic relationship, either alone or with the man against whom the complaint is made, in accordance with Section 2(s) of the DV Act 2005. It might also suggest a home where a lady had resided in a domestic partnership before being expelled. This could apply to a variety of circumstances, regardless of whether the respondent owns or rents the home. It also includes a home that the resentful party and the respondent may jointly possess or separately hold, as well as any rights, titles, or interests therein. The right of a woman to live in a shared household is recognized by the DV Act.
Domestic Violence	Domestic violence is a broad phrase that includes not just physical abuse but also other types of cruelty that may take place in a household, such as emotional abuse, mental abuse, sexual abuse, financial abuse, and other types of violence.

The Domestic Violence Act of 2005's Key Features

Affected women may get prompt legal remedies within 60 days under the DV Act 2005, which also contains criminal penalties.

The Domestic Violence Act's key characteristics include −

• Within 60 days of the case being filed, judgments.

• Recognizes women's support in numerous ways, including with legal processes.

• The Act recognizes the function of Service Providers and permits the appointment of Protection Officers.

• Recognizes emotional and verbal abuse.

• Recognizes economic violence and offers financial relief.

• A petitioner or respondent may both choose to appeal.

• Making Domestic Incident Reports is covered by the Domestic Violence Act of 2005.

• Gives the child temporary custody.

• One case with many judgments and secures the right to habitation under section 17.

Conclusion

Sadly, domestic violence is a reality in Indian society. In India's patriarchal society, mistreating women came to be accepted as usual. Numerous factors can lead to domestic violence. According to a feminist viewpoint, the patriarchal ideology, widespread sexism, and the actual or perceived power disparity in society all contribute to domestic violence against women. According to these viewpoints, men are seen as superior to as and more powerful than women. They have control over women and their means of subsistence; as a result, they may hurt women without repercussion. It is the woman's responsibility to humbly accept her "destiny" and the abuse she has been subjected to.

With the "Protection of Women from Violence Act," the Indian government has made a great effort to improve the position of women.

FAQs

Q1. What is the full name of Domestic Violence Act?

Ans. The Protection of Women from Domestic Violence Act, 2005

Q2. Which section of IPC is used to define domestic violence?

Ans. Section 498A of Indian Penal Code defines the cruelty against woman (wife), which is covered under domestic violence.

Q3. What are the major factors that contribute to domestic violence?

Ans. Following are the major factors that contribute to domestic violence −

• Individual,

• relational,

• community, and

• societal