The Domestic Violence Act is one of the statutory laws in which protection of women from domestic violence has been explicitly provided. According to this Act, only females are covered because of frequent reports of violence against women in a domestic set-up. The full name of this law is Protection of Women from Domestic Violence Act, 2005. In this Act, there are 37 sections divided into five chapters. Mr. Aakash poddar (Adv) during his internship at Lawgical Shots seeks to explain what the DV Act 2005 covers and who can seek protection under the same.
Introduction to Domestic Violence Act, 2005
In this Act, Chapter one deals with the short title and extent of the Act and Some important aspects related to this law. On the other hand, chapter 2 deals with the Domestic violence. In this chapter the definition of Domestic violence has been elaborated by the law makers. Whereas, chapter 3 deals with the powers and duties of the Protection Officers. When a victim faces domestic, violence medical facilities and shelters home are provided under this law. Chapter 4 deals with the procedural aspects of Domestic Violence Act. This chapter includes where to file the application, service of notice, and provides orders and reliefs in suits and legal proceedings and appeal provision is also framed under this law. Lastly, chapter 5 deals with the miscellaneous provision given under this law. In this chapter, some powers were given to the Central Government to make any rules under the adherence of this law Called Domestic Violence Act, 2005.
Domestic Violence Meaning
In simple language, domestic violence means causing harm or injuries or danger to the health and safety of the victim, whether in the form of physical or mental health of the person who is aggrieved or threatened by her husband or other family members.
Objectives of the Domestic Violence Act, 2005
1. To protect the women who are suffering from domestic violence.
2. To determine if the act is lawful or not under the adherence of the Domestic violence Act 2005.
3. To provide protection to the victims who are suffering from domestic violence.
4. To provide punishments for the person who violates or who is committing an act of violence upon women in a domestic relationship.
5. To create awareness among the people about the Domestic violence Act 2005 or related laws which hamper the dignity of the women.
Who is covered under Domestic Violence Act?
According to the Domestic Violence Act, 2005, it is applicable only to the females not the males. The main aim is to protect women who are in the domestic relationship. The term “Domestic relationship” has been defined in the 2005 Act itself under Section 2(f). Domestic Relationship means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or family members living together as a joint family.
The persons covered under this act are as follows;
- Wife
- Daughters
- Mother
- Mother-in-law
- Other Female relative
- Partners who are living in a live-in-relationship.
Types of Domestic Violence
1. Physical Violence – It involves the use of force against the wife of the respondent or partner in case of live-in relationship or the other family member causing harm to the females in their homes. It includes any harm, injury, hitting, slapping and punching, burning caused intentionally. Thus, we can say that this harm usually leaves a mark on the body of the aggrieved persons who are suffering from the violence.
2. Mental Violence – Mental abuses are the part of the abuse in which aggrieved is mentally due to manipulation by the person. It could be swear words, taunts, sarcastic remarks, etc. Home is not just about a place but about the people who bring peace and comfort. When the behaviour or communication starts taking a toll on the mental welfare of the victim, this is called mental violence.
3. Emotional Violence- It is the kind of abuse in which the behaviour of the aggrieved person is undermined. It includes threatening to the aggrieved to immediately leave the matrimonial home.
4. Sexual Violence – It is the kind of abuse which occurs only when there is forceful sexual activity by the respondent caused to the aggrieved person. Sexual violence is not limited to the physical but extends to the mental state of the aggrieved person. It includes attempt to rape, unwanted touch, sexual assault within a marriage or intimate partnership.
5. Psychological abuse- It includes manipulation or control and creates fear in the mind of the victim and also which overlap with the mental and emotional abuse like threatening to harm the loved ones. This does not leave any physical marks on the body of the aggrieved or victim, but affects the psychological state.
6. Economic Abuse – Most of the time, women in a household are dependent upon men in the house for their financial needs. This gives an upper hand to them and also expands the scope for economic abuse upon the aggrieved woman. If the woman suffers economically for the basic needs like food, clothes, medical treatment, etc., this is economic abuse.
Key Terms in Domestic Violence Act You should Know
The key terms used in the Domestic Violence Act 2005 are;
1. Definition of Domestic Violence as defined in the 2005 Act. Section 3 states that “For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.”
Interpretation of Section 3
As per Section 3,, respondents fall under the clutches of Domestic violence Act when any act, omission or conduct has been done by the respondent. It is in the form of harms or injuries or harassing or creates violence in the dowry demand to the aggrieved. In this picture clearly shows the violence of the wife from the side of the Husband and this violence is due to the demand of dowry by the husband to his wife.
2. Domestic Incident Report: It has been defined under 2(e) of the protection of women from Domestic Violence Act, 2005. It means a report made in the prescribed format on receipt of a complaint of domestic violence from an aggrieved person.
3. Domestic Relationship means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family. It has been defined under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005.
Interpretation- Followings are included in a domestic relationship.
a) Wife
b) Daughters
c) Partners- live in relationship
d) Other females or relatives in home.
4. Magistrate means the Judicial Magistrate of the First Class, or as the case may be, the Metropolitan Magistrate, exercising jurisdiction under the Code of Criminal Procedure, 1973 in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place;
5. Medical facility means such facility as may be notified by the State Government to be a medical facility for the purposes of this Act.
6. Monetary relief means the compensation which the Magistrate may order the respondent to pay to the aggrieved person, at any stage during the hearing of an application seeking any relief under this Act, to meet the expenses incurred and the losses suffered by the aggrieved person as a result of domestic violence.
Interpretation– It is the compensation granted by the magistrate to the respondent for giving the aggrieved person at any stage of the court proceedings.
Role of Police and Courts in DV Cases
For preventing domestic violence, police and courts have the key role in running of the law & enforcement checks by the police and providing justice by the judiciary. The main work of the police is to respond promptly to any report of domestic violence and to provide protection to the victims according to the applicable laws. They also provide assistance in the shelters and provide counseling if the need arises. On the other hand, if we talk about the Court’s responsibility, Courts are the key authority for the protection and give fair and reasonable justice to the victims of domestic violence. Courts are responsible for issuing relevant orders and ensuring shelters and residence and also maintenance for women and children.
Protection Given under Domestic Violence Act
According to section 18 of the Domestic Violence Act, protection order can be issued by the Officers. And if the respondent breaches the Protection Order, the act is cognizable and non-bailable and falls under Section 31 of the 2005 Act. According to this Section, the respondent shall be liable for the punishment with imprisonment of either description for a term up-to one year with a fine which may extend to 20,000 rupees or with both.
The Magistrate has the powers to give Residence Order under section 19 of the Act, 2005 if the victim has satisfied the allegations against respondent. The order may also include restraining the respondent from the disturbing the aggrieved person at such residence. Apart from this, the Magistrate also has the power to pass orders to the Police Officers and respondents to ensure the safety of aggrieved women from domestic violence under this Act.
The Magistrate grants Custody Orders against the respondents who committed the violence under this Domestic Violence Act, 2005 and also give directions to pay the Compensation Order by the respondent to the aggrieved persons for the violence or injuries and mental torture. If the Magistrate thinks fit that the respondent committed the violence against the aggrieved, then he may also pass an interim order and expert order within his discretion.
Conclusion
Domestic violence is the Act which ensures the safety and dignity of women. It is the violence committed against fundamental human rights. The main cause of domestic violence is the patriarchal society, acceptance of violence by women, and unemployment. And the rights of women were ignored in the patriarchal society. Victims of domestic violence face societal pressures leading to women lose their dignity and respect and suffer from domestic violence. The lawmakers kept all things in mind and made the legislation where the dignity was ensured and protection of women from the domestic violence in the protection of women from Domestic violence Act, 2005.
