Protection of Women From Domestic Violence Act 2005

PROTECTION OF WOMEN FROM DOMESTIC
VIOLENCE ACT 2005

The Protection of Women from Domestic Violence Act 2005 (PWDVA) addresses
some unspoken and usually unmentioned issues. Passed by the Parliament in
August 2005, the act came into force from October 26, 2006. PWDVA provides a
legal recourse to women (wives and live in partners) facing domestic violence be it
physical, mental, sexual, emotional or economical. The Act calls for appointment of
Protection Officers, Service Providers, Medical Facility In-charge and Shelter
Homes.
INTRODUCTION
 The Protection of Women from Domestic Violence Act 2005 is an
Act of the Parliament of India enacted to protect women from
domestic violence. It was brought into force by the Indian government
from 26 October 2006. The Act provides for the first time in Indian law
a definition of "domestic violence", with this definition being broad and
including not only physical violence, but also other forms of violence
such as emotional/verbal, sexual, and economic abuse. It is a civil law
meant primarily for protection orders and not meant to penalize
criminally.[1] The act does not extend to Jammu and Kashmir, which has
its own laws, and which enacted in 2010 the
Jammu and Kashmir Protection of Women from Domestic Violence Act,
2010
DEFINITION OF THE ACT
 An Act to provide for more effective protection of the
rights of women guaranteed under the Constitution
who are victims of violence of any kind occurring
within the family and for matters connected
therewith or incidental thereto.
DEFINITIONS
 The Protection of Women from Domestic Violence Act 2005 differs from the provision of the Penal Code
- section 498A of the Indian Penal Code - in that it provides a broader definition of domestic violence.
 Domestic violence is defined by Section 3 of the Act as “ any act, omission or commission or conduct
of the respondent shall constitute domestic violence in case it:
 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
 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
 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
 otherwise injures or causes harm, whether physical or mental, to the aggrieved person.”
 The Act goes on, through the section Explanation 1, to define "physical abuse", "sexual abuse", "verbal
and emotional abuse" and "economic abuse".
SALIENT FEATURES OF THE ACT
 The Act seeks to cover those women who are or have been in a relationship with the
abuser where both parties have lived together in a shared household and are related by
consanguinity, marriage or a relationship in the nature of marriage, or adoption; in
addition relationship with family members living together as a joint family are also
included. Even those women who are sisters, widows, mothers, single women, or living
with them are entitled to get legal protection under the proposed Act.
 "Domestic violence" includes actual abuse or the threat of abuse that is physical,
sexual, verbal, emotional and economic. Harassment by way of unlawful dowry
demands to the woman or her relatives would also be covered under this definition.
 One of the most important features of the Act is the woman’s right to secure housing.
The Act provides for the woman’s right to reside in the matrimonial or shared
household, whether or not she has any title or rights in the household. This right is
secured by a residence order, which is passed by a court. These residence orders
cannot be passed against anyone who is a woman.
 The other relief envisaged under the Act is that of the power of the court to pass
protection orders that prevent the abuser from aiding or committing an act of domestic
violence or any other specified act, entering a workplace or any other place frequented
by the abused, attempting to communicate with the abused, isolating any assets used
by both the parties and causing violence to the abused, her relatives and others who
provide her assistance from the domestic violence.
 The draft Act provides for appointment of Protection Officers and NGOs to provide
assistance to the woman w.r.t medical examination, legal aid, safe shelter, etc.
 The Act provides for breach of protection order or interim protection order by the
respondent as a cognizable and non- bailable offence punishable with imprisonment for
a term which may extend to one year or with fine which may extend to twenty
thousand rupees or with both. Similarly, non-compliance or discharge of duties by the
Protection Officer is also sought to be made an offence under the Act with similar
punishment.
IMPLEMENTATION OF ACT
 The Protection of Women from Domestic Violence Act, 2005

(PWDVA) requires the appointment of Protection Officers, registration
of Service providers and notification of shelter homes and medical
facilities.
 In the National Consultation organised by the Ministry of Women
and Child Development to review implementation of the PWDVA,
2005, the representatives of the State Governments had requested
for financial assistance for more effective implementation of the Act.
 In the conference a new Centrally Sponsored Scheme 'Umbrella Scheme
on Protection and Empowerment of Women' for implementation from
financial year 2013-14 was discussed. The proposed scheme will include
two on-going/ and two new schemes as components.
These are:
 Swadhar Greh
 Scheme for Restorative justice to victims of Rape,
 Assistance to States for Implementation of “Protection of Women from
 Domestic Violence (PWDV) Act, 2005 and
 National Mission for Empowerment of Women (NMEW)

CONCLUSION
what's can be improved ?
 important to understand that the act provides quasi-criminal or civil
remedies to women given that need there is a particular social context
in which domestic violence takes place in India.
 Not only do women form a higher proportion of domestic violence
victims, but combined with lower political-social and economic decision-
making power it is harder from them to exit the abusive domestic
relationships.
 One issue which seems to have been ignored entirely are queer
relationships. Even though there is no specific statement of the same in
the Act, in the judgment of S. Khushboo Vs. Kanniammal & Anr.,
the Supreme Court specified that a live-in relationship is permissible
only in unmarried persons of major age in heterogeneous relationships.

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PROTECTION OF WOMEN FROM DOMESTIC

VIOLENCE ACT 2005

 The Protection of Women from Domestic Violence Act, 2005

 Scheme for Restorative justice to victims of Rape,

 Assistance to States for Implementation of “Protection of Women from

 Domestic Violence (PWDV) Act, 2005 and

 National Mission for Empowerment of Women (NMEW)

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