Protection of Women from Domestic Violence Act, 2005 (DV Act)

Protection of Women from Domestic Violence Act 2005 was enacted by Parliament on September 13, 2005, and extends to the whole of India.

Protection of Women from Domestic Violence Act, 2005 (DV Act)

About Protection of Women from Domestic Violence Act 2005 (DV Act)

  • The DV Act was enacted by Parliament on September 13, 2005, and extends to the whole of India.
  • It is basically meant to provide protection to a wife or female live-in partner from violence at the hands of the husband, or a male live-in-partner, or his relatives. 
  • Domestic violence under the Act includes actual abuse or the threat of abuse, whether physical, sexual, verbal, emotional, or economic.
  • Harassment by way of dowry demands is also covered under the definition of domestic violence.
  • Who is covered under the Act?
    • The Act covers all women who may be mother, sister, wife, widow, or partners living in a shared household.
    • The relationship may be in the nature of marriage or adoption.
    • In addition, relationships with family members living together as a joint family are also included. 
  • Who can file a complaint?
    • Any woman who alleges to have been subjected to any act of domestic violence by the offender or any person may file a complaint on her behalf.
    • A child is also entitled to relief under the DV Act. The mother of such a child can make an application on behalf of her minor child (whether male or female). 
    • In cases where the mother makes an application to the court for herself, the children can also be added as co-applicants.
    • However, no female relative of the husband or the male partner can file a complaint against the wife or the female partner.
  • Against whom can a complaint be filed?
    • Any adult male member who has been in a domestic relationship with the woman
    • Relatives of the husband or the male partner (Includes both male and female relatives of the male partner)
  • Remedies available: Under the law, women can apply for reliefs such as
    • Protection Order
    • Residence Order for residing at Matrimonial House
    • Monetary Orders, which include maintenance for herself and her children
    • Temporary custody of children
    • Compensation order for the damages caused to her
  • It is only when the relief granted by the courts is breached that criminal action is taken against the respondent.
  • Protection Officers:
    • Under the DV Act, Protection Officers have been appointed by the Government to help the aggrieved woman in filing the case.
    • They are to be attached to the Magistrates of the courts for the area notified for each protection officer.
    • The Protection Officer facilitates the women to approach the court by providing legal aid and get appropriate relief from the courts concerned. 
    • Further, they execute the orders of the Court wherever necessary with the help of the police.
    • Options are also available to the aggrieved person to file the petition before the Judicial Magistrate Court, or with the service provider, or at a nearby police station.
  • Service Providers:
    • Under the DV Act, Service Providers are members of notified Non Governmental Organizations. 
    • They co-ordinate with all the stakeholders to get justice and relief for the victims of domestic violence.
    • They help the aggrieved women in filing the Domestic Incident Report, provide accommodation in the short-stay homes along with their children, counsel them, and help the aggrieved get medical treatment if necessary. 
    • They also impart them with vocational training to help them secure employment and sustainable income.

Q1) What is a Non Governmental Organization (NGO)?

An NGO is a group that functions independently of any government. It is usually non-profit. NGOs, sometimes called civil society organizations, are established on community, national, and international levels to serve a social or political goal such as a humanitarian cause or the protection of the environment.

Source: Supreme Court to decide whether transgender woman can claim maintenance under Domestic Violence Act

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