Protection of Women from Domestic Violence Act 2005: An Effective Tool for Women in India against Domestic Violence
Author: Utkarsh Srivastava
Advocate-on-Record, Supreme Court of India
- INTRODUCTION
As the name suggests Protection of Women from Domestic Violence Act 2005 was passed with the aim and objectives of giving instant protection to the women guaranteed under the Constitution who are victims of domestic violence occurring within the family at the hands of the husband and his family members, the in-laws of the women.
The purpose was simple and to the point. The enactment was to protect the victimized women, their children and to the provide them rehabilitation and help them monetarily.
The Act defines an aggrieved person as a woman who has been in a domestic relationship and has been subjected to any act of domestic violence by the person with whom she has been living with.
Domestic Relationship means a relationship between two persons who live or have lived together in a share household. The Relationship should either be of:
- consanguinity, marriage or in the nature of marriage,
- adoption, or
- family members living in a joint family.
Domestic Violence means any kind of Mental or Physical harm or injury or endanger to life, health, or well-being. It includes physical abuse, sexual abuse, verbal and emotional abuse and economic abuse.
Domestic Violence also includes harassment, injury, threat or coercion to demand dowry, property or valuable security.
- REMEDY UNDER THE ACT
Incase of any of kind of domestic violence, a woman can file a complaint before Judicial Magistrate or give information to the local Mahila Thana (Women Cell) of Police or the Protection Officer appointed under the Act about the incident or series of incident.
Thereafter, it is the duty of the officer or the magistrate so informed to act against the person committing the offence of domestic violence and to direct orders for protection of the woman and monetary relief to her in the form of compensation.
The complaint of domestic violence can be filed against any male adult person who has been in a domestic relationship with the woman filing the complaint. She can also file complaint against a relative of the abuser who has been involved in domestic violence.
- WHETHER EFFECTIVE OR NOT?
This is a peculiar piece of enactment because it contains provisions of both criminal as well as civil nature. As a matter of fact, it is a civil code in respect of the reliefs to be granted to the victim, however, for execution of reliefs, i.e. for ensuring that the reliefs granted are received by the victim/complainant woman.
As held by the Hon’ble Supreme Court of India in S. Vijikumari v. Mowneshwarachari C, 2024 INSC 732 that,
“The Act is a piece of Civil Code which is applicable to every woman in India irrespective of her religious affiliation and/or social background for a more effective protection of her rights guaranteed under the Constitution and in order to protect women victims of domestic violence occurring in a domestic relationship.”
In Shyamlal Devda v. Parimala, (2020) 3 SCC 14, Hon’ble Supreme Court of India had observed that,
“8. Section 18 of the Domestic Violence Act relates to protection order. In terms of Section 18 of the Act, intention of the legislature is to provide more protection to woman. Section 20 of the Act empowers the court to order for monetary relief to the “aggrieved party”. When acts of domestic violence are alleged, before issuing notice, the court has to be prima facie satisfied that there have been instances of domestic violence.
…
11. A plain reading of the above provision makes it clear that the petition under the Domestic Violence Act can be filed in a court where the “person aggrieved” permanently or temporarily resides or carries on business or is employed….”
In Juveria Abdul Majid Patni v. Atif Iqbal Mansoori, (2014) 10 SCC 736, it was held by the Hon’ble Supreme Court that apart from the woman who is in a domestic relationship, any woman who has been in a domestic relationship with the respondent is covered by the definition provided under the Act of 2005.
In D. Velusamy v. D. Patchaiammal (2010) 10 SCC 469 Hon’ble Supreme Court discussed the concept of “relationship in the nature of marriage” in the context of the DV Act, and it was held to be akin to a common law marriage. The requirements prescribed under law in order for a relationship to be recognised as a common law marriage were adumbrated as follows:
(i) The couple must hold themselves out to society as being akin to spouses;
(ii) They must be of legal age to marry;
(iii) They must be otherwise qualified to enter into a legal marriage;
(iv) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.
Hon’ble Supreme Court while expanding the purview of domestic relationship in Prabha Tyagi v. Kamlesh Devi, (2022) 8 SCC 90 held that,
“60. In our view, the question raised about a subsisting domestic relationship between the aggrieved person and the person against whom the relief is claimed must be interpreted in a broad and expansive way, so as to encompass not only a subsisting domestic relationship in praesenti but also a past domestic relationship.
Therefore, Parliament has intentionally used the expression “domestic relationship” to mean a relationship between two persons who not only live together in the shared household but also between two persons who “have at any point of time lived together” in a shared household.”
- CONCLUSION
Therefore, considering all of the above and a catena of judgments passed by the Hon’ble Supreme Court and various High Courts, it can be said that the Protection of Women from Domestic Violence Act 2005 is an effective enactment, which not only covers physical domestic violence but also, mental and economical.
The amphibian nature of the Act also makes it a functional and powerful tool for the victimized women against Domestic Violence caused by their own husband and in-laws or live-in partners. Apart from the provisions of the Act, Hon’ble Courts have also been understanding about the sensitivity of the case and mental and financial condition of the women who file complaint against Domestic Violence. The Couts have from time to time passed judgments not only expanding the civil rights of the victims of domestic violence but also expanded the term itself to confer the benefit of the Act to victimized women as much as possible.
THERE ARE MANY MORE COMPLICATIONS IN DIVORCE CASES LIKE ALIMONY, MAINTENANCE, CUSTODY, TRANSFER CASES AND CRUELTY CASES, CRIMINAL CASES FOR DOMESTIC VIOLCENCE.
VISITATION RIGHTS OF FATHER – REMDEY UNDER PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005