Domestic violence is one of the most pervasive forms of abuse in society. It occurs not only in poor households but also in wealthy families, across rural and urban settings, and among all communities. Recognizing that traditional criminal provisions were not sufficient to address the problem, Parliament enacted the Protection of Women from Domestic Violence Act, 2005, a landmark law that provides immediate civil remedies in addition to existing criminal provisions.
Defining Domestic Violence
The Act defines domestic violence broadly to include physical, sexual, verbal, emotional, and economic abuse. This wide definition ensures that women are not only protected from physical harm but also from psychological manipulation and financial exploitation. It covers wives, women in live-in relationships, daughters, sisters, and mothers living in a shared household.
Remedies under the Act
A woman facing domestic violence can approach the Magistrate for several kinds of relief. Protection orders prevent the abuser from committing further acts of violence. Residence orders ensure that the woman cannot be thrown out of her shared household. Monetary relief provides financial support for expenses. Custody orders protect children, and compensation orders allow damages for injury and trauma. These remedies are designed to provide quick and practical relief, unlike traditional criminal cases which often take years.
Role of Protection Officers and Service Providers
The law provides for Protection Officers who assist women in filing applications, accessing shelter homes, and obtaining medical aid. Service providers, such as NGOs, also play a crucial role in offering counseling and support. This institutional framework ensures that women are not left to navigate the legal system alone.
Criminal Remedies
Alongside this Act, cruelty by husband or relatives is punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023. Police are required to act on complaints and register cases where cruelty is alleged. The combination of civil relief under the Domestic Violence Act and criminal accountability under BNS ensures a comprehensive legal response.
Judicial Interpretation
Courts have interpreted the Act liberally to protect women. For example, the Supreme Court has held that the right to residence includes the right to live in the shared household, even if the house is not in the woman’s name. This prevents victims from being left homeless during disputes.
Conclusion
Domestic violence is a grave violation of human rights. By providing immediate civil remedies alongside criminal provisions, the law ensures that women receive both protection and justice. Awareness of these remedies empowers women to break free from cycles of abuse and assert their dignity.