What Is The Protection Of Women From Domestic Violence Act, 2005?

Domestic violence has become a serious issue in Indian society.  Women became subject to this torturous practice post-marriage due to dowry, drunken violence, and male dominance, among other reasons. Domestic Violence happens on several pretexts and it has a long-term impact on the lives of women. It somehow integrated into society, and it became increasingly difficult to eradicate this problem. The Government of India saw this and swore to eliminate this problem to provide safety and security to the country’s women. This is where the Protection of Women from Domestic Violence Act (PWDVA) came in.

The Act was introduced to give voice to the victims who have suffered in silence due to societal stigma, lack of awareness, and absence of adequate safety systems. The Act provides complete protection to women from different abuses like emotional, physical, mental, and even economic abuse. It gives women legal rights and remedies to fight against the wrongs that are done against them. It gives them the power to bring the wrongdoers to justice.

Therefore, through this article, we explore the provisions of the Act that empower women, the rights and remedies that are available, and the challenges faced in its implementation.

Historical context 

The introduction of this Act was very crucial, as it aimed to protect the interests of women all over the country. Earlier to the introduction of the Act, the only option available to the users was Section 498a of the Indian Penal Code [IPC], 1860. This provision criminalised cruelty by the husband and/or his relatives, but it wasn’t comprehensive. The need was felt for more elaborate legislation that also covered the aspect of victim relief. This is why PWDVA was introduced.

Key provisions 

The PWDVA, enacted in the year 2006, has the following key provisions:

1. Definition of domestic violence: The act defined domestic violence in-depth, and due to this, acts like physical, emotional, sexual, verbal, and economic abuse were included in the act of domestic violence. The act applies to domestic relationships and includes husbands and in-laws as well.
2. Appointment of Protection Officers: The respective state governments are responsible for the appointment of protection officers. The officers are appointed in each district depending on the size and requirements of the area. In addition to this, these protection officers should be women only if possible.
3. Counselling and Support: The act highlights the role of counselling as a support system for victims.
4. Incident Reports: The act has made it compulsory to create a domestic incident report. This serves as important evidence that has detailed documentation of violence. It ultimately helps in the legal proceedings.
5. Shelter Homes: The victims are provided with shelter homes. In addition to the victims, if requested, the children are also accommodated here, which gives a safe environment to them.

Rights and Remedies available 

The aggrieved have the following rights and remedies: 

1. Right to Reside: A woman has the right to reside in a shared household irrespective of the fact that whether she is the owner or not. This ensures that no woman is forcibly removed from the house, thereby threatening her sense of security.
2. Legal Recourse: A woman is now empowered to file a complaint against her husband or any of his family members with appropriate authority. This enables the woman to seek justice and ensure that she is not subjected to exploitation or any other mistreatment.
3. Safety from Abuse: As the act has recognised different forms of abuse, it also gives the woman safety from those abuses. It individually identifies and helps in addressing various forms of abuse by punishing the perpetrators.
4. Confidentiality: Any kinds of proceedings under this Act are confidential. The identity of the victim is not to be disclosed under any circumstance.
5. Protection Orders: The act provides for protection orders that may be issued by a Magistrate if he/she is satisfied that domestic violence has taken place or is likely to take place. This will prevent the perpetrator to come near the person and commit any sort of crime. This gives an immediate response to prevent any further unfortunate incidents.
6. Residence Orders: The victims can obtain residence orders that allow them to stay at their shared household or any other place of their choice. This ensures that the victims are not evicted forcefully by the accused or any of his family members.
7. Monetary Relief: Women can now claim monetary relief for any sort of loss incurred during domestic violence. This includes loss of earnings, medical expenses, and loss caused due to destruction, damage, or removal of any property from the control of the victim. Women are also entitled to receive maintenance as per the Code of Criminal Procedure (CrPC).
8. Custody Orders: If the Court is satisfied that the child will have an imminent threat living with the father, the mother can seek temporary custody to ensure the well-being of the child.
9. Appeal: In case the parties are not satisfied with the orders, they have the right to appeal to a higher court for further adjudication.

Role of Protection Officers and Service Providers 

The protection officer is the person who has been appointed to assist women in availing facilities and appropriate orders as per this act. The officer can be a government servant or a social worker working in the field of women and child welfare. They have the authority to provide immediate assistance to victims who have faced domestic violence. They also support victims by connecting them with legal aid services and other kinds of needs during this trying time.

Service providers are usually from NGOs and offer services like shelter, counselling, and medical assistance. They assist the victims in filing domestic incident reports and complaints with authorities to ensure that the case is legally recognised and gets the appropriate action by the authorities.

Legal Procedures under the Act 

The following steps may be adopted by a woman who has suffered domestic violence: 

1. Filing of Complaint: The woman herself, the protection officer, or any other person who knows can proceed to apply. The application should be detailed, contain the specifics of the domestic violence incident, and provide the sought relief.
2. Domestic Incident Report (DIR): The report is created in a prescribed format on the receipt of a complaint of domestic violence from an aggrieved person. This should be unbiased and should have elaborate details of the incident.
3. Hearing Schedule: The magistrate is required to complete the hearing within 60 days from the first date of the hearing.
4. Order: During the hearing, the magistrate can give different orders like protection orders, residence orders, custody orders, or monetary reliefs depending on the case at hand.

Challenges and Limitations 

Although the act is a significant step towards creating a safe society for women, however, several challenges affect the effectiveness of the act:

1. Lack of Reporting: Often due to societal stigma or family pressure, the victims hesitate to come forward and report the crimes that have happened against them.
2. Lack of Awareness: There is a significant faction in our society who are not aware of the rights that are available to assist them. This creates a situation of helplessness, as even though they would want to take action, they will not know where to proceed.
3. Economic dependency: In many cases, the victims are reliant on the perpetrators for their survival, which creates a dilemma for them. In these cases, they often do not raise their voices and stay victims throughout their lives. 

In conclusion, the Protection of Women from Domestic Violence Act of 2005 is a milestone legislation in empowering the women of our country. It has given them a voice and a platform to ensure that their rights are protected while ensuring that the perpetrators are brought to justice.