Saturday, 29 January 2022

Domestic Violence Act, 2005

 DOMESTIC VIOLENCE ACT, 2005


INTRODUCTION OF DOMESTIC RELATIONSHIP

It defines as where any two persons are living in a shared household creating a relationship from by blood relationship, marriage/live-in relationships, adoption, members of joint family. The Protection of Domestic Violence Act, 2005 (PDVA) includes all female whether wives, mothers, mother-in-law, sisters, daughters etc. 

INTRODUCTION OF VIOLENCE

  • Violence in general term referring to all types of behaviour either threatened or actual, that result in the damage or destruction of property or the injury or death of an individual. Any conduct which violently includes loss towards a person body or property which causes any injury or damage. 

  • It means unjust or unwarranted use of force usually accompanied by outrage, physical force unlawfully exercised with the intent to harm. Domestic violence can be described as the power exploited, misused by one person to control, oppress and subjugate another who stands in a close relation to this person.

  • Power mentioned could be physical, mental, sexual, economic, emotional and verbal. Dowry deaths, physical torture, mental torture, marital rape, wife battering, bride burning etc. are the various manifestations of domestic violence. 

TYPES OF DOMESTIC VIOLENCE: 

Physical abuse, mental or emotional abuse, economic and financial abuse. Domestic violence is an issue relating to human rights. The civil law does not address the entirety. To provide the remedy to the victim or aggrieved party, the protection of Domestic Violence Act was enacted and introduced in year 2005 in India. It guarantees Article 14, 15 and 21 of Indian Constitution. 

APPLICABILITY OF THE ACT:

The Domestic Violence Act is applicable to whole of India except the State of Jammu and Kashmir. It is a civil law which focuses on the reliefs given to the aggrieved woman such as compensation, protection, right to residence in the “shared household” etc., unlike in the criminal law, where the prime focus is on punishing the accused. It covers all kinds of violence faced by woman at her “shared household”. 

WHO CAN FILE A COMPLAINT?

Any woman who alleges to have been subjected to any act of domestic violence by the offender or any person may file a complaint on her behalf. A child is also entitled to relief under DVA, 2005. The mother of such a child makes an application on behalf of her minor child. (whether male or female).

In cases where the mother makes an application to the court for herself, the children can also be added as co-applicant. 



AGAINST WHOM CAN A COMPLAINT BE FILED?

Any adult male member who has been in a domestic relationship with the woman. Relatives of the husband or the male partner. It includes both male and female relatives of the male partner. Information may be given as a complaint to a police officer/service provider (NGO) or Magistrate. The aggrieved person or on her behalf a Protection Officer or service provider can request to a person in charge of a shelter home or a medical facility to provide shelter or medical aid to her. 

WHO MAY FILE AN APPLICATION TO THE MAGISTRATE?

Any aggrieved person or a protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate. It is the duty of the protection officer and the service provider to provide all the assistance to the woman who is victim of domestic violence. Aggrieved person has the right to file a complaint simultaneously under Section 498A of IPC. 

Reliefs under the Domestic Violence Act can also be asked for in other legal proceedings.

KINDS OF ORDER ISSUED BY THE MAGISTRATE:

  1. Protection orders: after giving an opportunity to the aggrieved person and respondent of being heard and the magistrate is satisfied that a prima facie case of domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person prohibiting the respondent from the following acts such as committing any acts of domestic violence. 

  2. Residence orders: the magistrate being satisfied that a domestic violence has taken place, pass residence orders- 

  • Restraining the respondent from dispossessing or in any manner disturbing the peaceful possession of the shared household. 

  • Directing the respondent to remove himself from the shared household. 

  • Restraining the respondent or his relatives from entering any potion of the shared household where the aggrieved person lives.

  • Restraining the respondent from alienating or disposing of the shared household encumbering it. 

  • Restraining the respondent from renouncing his rights in the shared household. 

  • Directing the respondent from renouncing his rights in the shared household. 

  • Directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her or to pay rent for the same if the circumstances so require.

  1. Custody orders: magistrate can grant temporary custody of any child to the aggrieved person or to the person making application on her behalf and specify the arrangements for visit of such child by the respondent. Magistrate can refuse the visit of such respondent in such case if it may harmful to the interest of the child.

  2. Compensation orders: magistrate may pass order directing the respondent to pay compensation to the petitioner for injuries including mental torture and emotional distress cause by the acts of domestic violence committed by the respondent. 


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