The Protection of Women from Domestic Violence Act, 2005

Domestic Violence is defined appropriately in "The Protection of Women from Domestic Violence Act, 2005". I will not go into the details of how many women of our country are suffering at the hands of men, in different forms. However, the more unfortunate fact is that most women are either not aware of the laws that exist to protect them or even worse, are not aware that they are suffering at the hands of "criminals" as defined by the law. They do not realize that they are becoming the victims of domestic violence identified as criminal offence by the law. In other cases, women do not want to step forward to expose the "criminals" (as defined by law) for reasons they think are valid. My appeal to all such women : You are a person. You are an individual and you have the right to lead your life the way you wish. Nobody, I repeat, Nobody has the right to control your life. If a partner cannot live up to the definition of the word, then that person is not worth one bit of your time. Be aware that the law defines a person who subjects you to "Domestic Violence" as a criminal and delivers punishment to such a person, if you wish so.

Below is the list of clauses (exactly and word-by-word as defined in the Act) in brief. This will give an overview of the extent of harassment defined as "crime" by the law and the "related penalties/punishments" to the "criminal" (as defined by the law)

Definition of Domestic Violence:

Definition of domestic violence.-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.

Explanation I.-For the purposes of this section,-

(i) "physical abuse" means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;

(ii) "sexual abuse" includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;

(iii) "verbal and emotional abuse" includes-

(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and

(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.

(iv) "economic abuse" includes-

(a) deprivation of all or any economic or financial resources including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned

by the aggrieved person, payment of rental related to the shared household and maintenance;

(b) disposal of household effects, any alienation of assets whether movable or

immovable

(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.

Protection orders.-

The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from-

(a) committing any act of domestic violence;
(b) aiding or abetting in the commission of acts of domestic violence;
(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person;
(d) attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact;
(e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the respondent.

Relief in other suits and legal proceedings.-

(1) Any relief available under sections 18, 19, 20, 21 and 22 may also be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent
whether such proceeding was initiated before or after the commencement of this Act.

(2) Any relief referred to in sub-section (1) may be sought for in addition to and along with any other relief that the aggrieved person may seek in such suit or legal proceeding before a civil or criminal court.

(3) In case any relief has been obtained by the aggrieved person in any proceedings other than a proceeding under this Act, she shall be bound to inform the Magistrate of the grant of such relief.

Penalty for breach of protection order by respondent.-

(1) A breach of protection order, or of an interim protection order, by the respondent shall be an offence
under this Act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.

(2) The offence under sub-section (1) shall as far as practicable be tried by the Magistrate who had passed the order, the breach of which has been alleged to have been caused by the accused.

(3) While framing charges under sub-section (1), the Magistrate may also frame charges under section 498A of the Indian Penal Code (45 of 1860) or any other provision of that Code or the Dowry Prohibition Act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an offence under those provisions.

The above content includes just few of the important sections as defined in the Act. Please find below the links to some important pdf documents for your detailed reference.

(1) "The Protection of Women from Domestic Violence Act 2005"-The Original Document

(2) The first document is to show you that this is an actual, well-defined and existent act. For a more legible print, Click Here

(3) An excellent material/handbook by "Breakthrough" on signs, indications and protective measures against Domestic Violence. It's a must read for every woman in a domestic relationship to identify and understand DV. Click Here

Domestic Violence is a fundamental violation of Human Rights. Remember that you are a human being and have a right to live the life. You deserve to live a very good life of your free will and nobody has the right to control you, harm you (physically or emotionally) or your life. Fight for your rights and justice. The law is with you.