Protection of Women from Domestic Violence Act, 2005: A Critical Study

Protection of Women from Domestic Violence Act, 2005: A Critical Study

A woman who is responsible for the new beginnings of creatures is generally subjected to violence. Domestic violence is a global phenomenon and constitutes a major human rights problem. The United Nations Committee on Convention of Elimination of all forms of Discrimination Against Women (UNCCEDAW) in its general recommendation stated that state parties should act to protect women against violence of any kind especially occurring within the family.

Domestic violence manifests as verbal, physical, or psychological abuse within the family. In India statistics reveal that about 45% of married women undergo physical or psychological violence. What is pathetic about domestic violence is that women facing it are brutally helpless.  In India, it was recognized as a crime in the 1980’s sec 498A and 304B of IPC. In 1984 Evidence act was amended.

These changes didn’t protect women. Hence, the Protection of Women from Domestic Violence Act, 2005 (PWDVA) was passed and enforced on 26 October 2006, finding its origin from the Act lies in Article 15 (2) of the Constitution of India. The PWDVA is a civil law providing relief to the woman who faces violence at home. It has certain crossovers from civil to criminal law so criminal law will start when the protection order or Magistrate’s order is violated.

The objective of the act is to provide:

• For more effective protection of rights generated under the constitution.
• Protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in-partners or their relatives.
• Protection to children who are tormented or tortured.

It was for the first time in Indian law; Domestic violence has been defined in the act u/s 3. It is a comprehensive definition including women’s experience of abuse and includes not only physical violence but also other forms of violence such as emotional /verbal, sexual, and economic abuse.

The act has taken care of the necessity for appointment of protection officers by the State Government who will aid and assist the aggrieved women in getting relief and justice.

According to the prevailing custom, a woman after her marriage relinquishes her rights over her parental house. She totally depends on the wishes of her husband or any other members of the family who own the house.

• The act lays down important rights of women:
• Right to services of protection officers.
• Women’s right to reside in the shared household. 
• Right to alternate accommodation if required.
• Right of the woman to live in a home free from violence.

Remedies available under this act:

The reliefs under the Act are in addition to existing laws without making any changes in the existing personal law regime on family matters. A woman can go for relief under other laws later after obtaining under the act.

• Residence orders (sec19)

• Protection orders (sec18)

• Monetary reliefs (sec20)

• Custody orders (sec21)

• Compensation orders (sec22)

Domestic violence is in violation of the Indian constitution and against human rights. Everyone should understand that women are not an object but an individual whose presence should be cherished.

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