Protection of Women from Domestic Violence Act 2005

General Studies Paper -1

Context: The Delhi High Court has recently observed that the Protection of Women from Domestic Violence Act is a “measure of social justice applicable to each woman irrespective of religious affiliation or social background”.

Protection of Women from Domestic Violence Act 2005

• It has come into force since 2006.
• Aim: To provide protection to wife or female live-in partner from violence at the hands of the husband or male live-in partner or his relatives.
• Domestic Violence: Domestic violence under the Act includes actual abuse or threat of abuse, whether physical, sexual, verbal, emotional, or economic.
  • Harassment by way of unlawful dowry demands to the women victim or her relatives would also be covered under the definition of Domestic violence.
• Extension of Protection: The Law extends protection to women who are sisters including adopted sisters and mothers.

Salient features of the Act:

• Ensures Right to Residence under sec 17.
• Ensures economic relief by recognising economic violence.
• Recognises verbal and emotional violence.
• Provides temporary custody of the child.
• Judgements within 60 days of filing of the case.
• Multiple Judgements in a single case.

Protection Officers

• Protection Officers have been appointed by the Government to help the aggrieved woman in filing the case against her husband or against any male adult person who has committed domestic violence and who is in domestic relationship with the petitioner.
• The Protection Officer facilitates the women to approach the court by providing legal aid and get appropriate relief from the courts concerned.

Arguments Against the Act

• Gender Bias: Critics argue that the Act is inherently biased as it only provides protection to women, ignoring the fact that men can also be victims of domestic violence.
• Misuse and False Accusations: There are concerns that the Act is misused by some women to falsely accuse their partners or family members of domestic violence for personal gain, such as gaining leverage in divorce or child custody proceedings.
• Family Disruption: The Act’s emphasis on providing protection orders and support services to victims may contribute to the breakdown of families and marriages rather than facilitating reconciliation and family harmony.
  • This could have negative consequences, particularly for children who may be adversely affected by family disruption.
• Legal Complexity and Delay: The legal processes involved in seeking protection orders under the Act can be complex and time-consuming, leading to delays in obtaining relief for victims.
  • This may deter some women from seeking help or prolong their exposure to abusive situations.
• Need for Comprehensive Approach: Addressing domestic violence requires a more comprehensive approach that goes beyond legal remedies alone.
  • This includes addressing underlying factors such as poverty, lack of education, and gender inequality, which contribute to the perpetuation of violence in intimate relationships.

Arguments in Favour of the Act

• Legal Protection: The Act provides a comprehensive legal framework specifically tailored to address domestic violence against women.
• Recognition of Various Forms of Abuse: The Act recognizes multiple forms of abuse beyond physical violence, including emotional, verbal, sexual, and economic abuse.
• This recognition reflects a broader understanding of the ways in which domestic violence manifests and harms women.
• Empowerment of Victims: By providing legal remedies such as protection orders, the Act empowers victims to take action against their abusers and seek protection for themselves and their children.
• Access to Support Services: The Act mandates the establishment of protection officers and support services, including shelters, counseling, and legal aid, to assist victims in accessing the resources they need to escape abusive situations.
• Gender Equality: The Act acknowledges the systemic inequalities and power imbalances that contribute to domestic violence and seeks to address them.
• International Obligations: India is a signatory to various international conventions and treaties that obligate it to combat violence against women, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

Conclusion

• Overall, the Protection of Women from Domestic Violence Act represents a significant step forward in addressing domestic violence against women in India and is crucial for promoting gender equality, protecting women’s rights, and creating a safer and more just society.