Domestic Violence Act, 2005

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 Introduction: Domestic Violence Act, 2005

In societies worldwide, domestic violence stands as an issue that casts a shadow over the well-being of individuals and the progress of communities. It can be defined as a pattern of ‘abusive behavior within intimate relationships’. Our constitution serves as a guardian, protecting our individual rights. Beyond individual suffering, the societal impact of domestic violence undermines the foundations of a healthy and thriving community. This article delves into the legal provisions in India aimed at combating domestic violence, shedding light on the rights of victims and the responsibilities of law enforcement agencies.

Domestic Violence Act, 2005

What is Domestic Violence?

Domestic violence refers to one person seeking to gain power and control over another through physical, emotional, sexual, verbal, or economic means. It is a form of violence that occurs within the context of a domestic setting, such as a marital or cohabiting relationship. Domestic violence can manifest as physical assaults, threats, intimidation, coercion, isolation, and manipulation, causing significant harm to the victim’s physical, psychological, and emotional well-being. It also includes child abuse, honor-based abuse such as female genital mutilation, honor killing, and all other forms of abuse by an intimate partner. Domestic violence is a violation of human rights and reflects the unequal power dynamics and gender-based inequalities that persist in society.

In India, matters related to domestic violence are governed by the Protection of Women from Domestic Violence Act, 2005. Section 3 of the Protection of Women from Domestic Violence Act provides the definition of Domestic violence, which states that “any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it,

  1. 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
  2. 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
  3. Has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clauses (a) or (b); or
  4. Otherwise injures or causes harm, whether physical or mental, to the aggrieved person.”

Through this, the question “What is covered in domestic violence?” can easily be answered that is: Domestic violence generally includes Physical (beating, rape), Mental, Emotional, Economic, or Financial abuse.

What are the objectives of the Domestic Violence Act, 2005?

The Protection of Women from Domestic Violence Act was enacted by the Parliament on September 13, 2005, and extends to the whole of India. The main objective of enacting this Act is “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.” Some other objectives of the Act include,

  • To prevent domestic violence by creating awareness about the issue and promoting a societal shift towards non-violence.
  • To ensure that those who commit acts of violence are brought to justice and face appropriate legal consequences.
  • To establish a comprehensive legal framework to address domestic violence that provides survivors of domestic violence with legal remedies, protection orders, and access to support services.
  • To provide medical assistance, counseling, shelter, and rehabilitation facilities to help survivors rebuild their lives and regain their independence.

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