Domestic Violence Protection Act 2005

The Protection of Women from Domestic Violence Act, 2005

• The Act was enacted by Parliament in the Fifty-sixth Year of the Republic of India on 13th September, 2005.
• It extends to the whole of India and came into force on a date appointed by the Central Government.

Definition of Domestic Violence

• Any act, omission, or commission that harms or endangers the health, safety, life, limb, or well-being of the aggrieved person, whether mental or physical.
• Includes physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse.
• Examples of physical abuse include assault, criminal intimidation, and criminal force.
• Examples of sexual abuse include any conduct of a sexual nature that abuses, humiliates, degrades, or otherwise violates the dignity of a woman.
• Examples of verbal and emotional abuse include insults, ridicule, humiliation, and repeated threats to cause physical pain.
• Examples of economic abuse include deprivation of economic or financial resources, disposal of household effects, and prohibition or restriction to continued access to resources or facilities.

Duties of Government

• The Central Government and every State Government shall take all measures to ensure that:
  • Provisions of the Act are given wide publicity through public media.
  • Government officers, including police officers and members of the judicial services, are given periodic sensitization and awareness training.
  • Effective co-ordination is established between services provided by concerned Ministries and Departments.
  • Protocols for the delivery of services to women under the Act are prepared and put in place.

Procedure for Obtaining Orders of Reliefs

• An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under the Act.
• The Magistrate may pass an order directing the respondent to pay compensation and damages for injuries, including mental torture and emotional distress.
• The Magistrate may pass an interim order as he deems just and proper.
• The Magistrate may grant an ex parte order on the basis of the affidavit of the aggrieved person.

Power to Grant Orders

• The Magistrate shall, in all cases, order that a copy of the order shall be given free of cost to the parties to the application, the police officer in-charge of the police station, and any service provider located within the local limits of the jurisdiction of the court.
• A protection order made under section 18 shall be in force till the aggrieved person applies for discharge.
• Upon the sole testimony of the aggrieved person, the court may conclude that an offence under sub-section (1) of section 31 has been committed by the accused.

Penalty and Protection

• If any Protection Officer fails or refuses to discharge their duties without sufficient cause, they shall be punished with imprisonment or fine or both.
• No prosecution or other legal proceeding shall lie against the Protection Officer unless a complaint is filed with the previous sanction of the State Government or an officer authorised by it.
• No suit, prosecution or other legal proceeding shall lie against the Protection Officer for any damage caused or likely to be caused by anything done or intended to be done in good faith under the Act.

Power of Central Government to Make Rules

• The Central Government may, by notification, make rules for carrying out the provisions of this Act.