Protection of Women from Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is a comprehensive law that protects women from domestic violence in all its forms. It was enacted to provide more effective protection than existing criminal laws. The Act recognises that domestic violence is not limited to physical abuse but includes emotional, verbal, economic, and sexual abuse within domestic relationships.
Who is Protected?
The Act protects women who are or have been in a domestic relationship with the respondent. This includes wives, live-in partners, sisters, mothers, and daughters living in the same household. The definition of domestic relationship includes relationships through blood, marriage, or adoption, as well as relationships in the nature of marriage (live-in relationships).
Types of Domestic Violence Recognised
Physical Abuse: Any act causing bodily pain, harm, or danger to life, limb, or health.
Sexual Abuse: Any conduct of a sexual nature that abuses, humiliates, or degrades the woman.
Verbal and Emotional Abuse: Insults, name-calling, accusations, repeated threats, and humiliation.
Economic Abuse: Depriving of financial resources, prohibiting employment, disposing of shared assets, or not providing maintenance.
How to File a Complaint
Step 1: Approach a Protection Officer (appointed under the Act) or directly file a complaint before the Magistrate.
Step 2: The complaint can be filed in the court where the victim resides, where the respondent resides, or where the violence occurred.
Step 3: The Magistrate passes orders within 3 days of the application being filed. Interim orders can be passed ex parte.
Step 4: The court can grant protection orders, residence orders, monetary relief, custody orders, and compensation.
Reliefs Available
Protection orders restraining the respondent from committing violence. Residence orders allowing the victim to stay in the shared household. Monetary relief for medical expenses, loss of earnings, and maintenance. Custody orders for children. Compensation for mental and physical injury.
Role of Protection Officers
Protection Officers are government-appointed officials who assist victims. They help file applications, accompany victims to court, arrange shelter homes, and coordinate with service providers. Their services are free of charge.
If you are facing domestic violence, do not suffer in silence. Contact a family lawyer through WakilSearch to understand your rights and file a complaint under the Domestic Violence Act.