Domestic violence can be described as an abuse of power in one
relationship by an adult to control another (female). It establishes control and fear in a
relationship through violence and other forms of abuse. This violence can take the form of
physical assault, psychological abuse, social exploitation
1. There are many domestic violence laws in India. The earliest law was the Dowry Prohibition Act,
1961, which made the act of giving and receiving dowry a crime. In an effort to strengthen the
1961 law, in 1983 and 1986, two new sections, Section 498A and Section 304B were added to
the Indian Penal Code. The most recent legislation is the Protection of Women from Domestic
Violence Act (PWDVA) 2005. Domestic violence can be described as an abuse of power in one
relationship by an adult to control another (female). It establishes control and fear in a
relationship through violence and other forms of abuse. This violence can take the form of
physical assault, psychological abuse, social exploitation, financial abuse, or sexual assault,
although the definition of domestic violence is given in Section 3 of the Act.
2. Looking at the data released by the NCRB recently, a total of 4,05,861 cases of crime against
women were registered during 2019, an increase of 7.3% from 2018 (3,78,236 cases). Most of
the cases of crime against women under IPC have been reported by the husband or his
relatives under cruelty (30.9%), and the number of domestic violence during the Coronavirus
epidemic has been reported. Domestic violence against women is a centuries-old phenomenon.
Women were always considered to be weak and in a state of being exploited. Violence has long
been with women and was previously accepted. The Protection of Women from Domestic
Violence Act (PWDVA), established in 2005, is a law enacted by MPs aimed at protecting
women from violence in domestic relationships
3. What are the most important definitions under PWDVA?
The definition of domestic violence is well written and comprehensive and holistic. It covers
mental, as well as physical abuse. Harassment, coercion, damage to health, safety. Additionally,
there are specific definitions for the following: Physical abuse: defined as an act or conduct that
is of such nature as to cause physical pain, harm, or a life-threatening, limb or health or the
health of the victim or To spoil development '. Physical abuse also includes assault, criminal
intimidation, and criminal force.
Sexual Exploitation: The law defines it as the conduct of a "sexual nature" that offends,
humiliates, insults, or otherwise violates the dignity of a woman.
'Verbal and emotional abuse: Any form of insult/ridicule, including in relation to the inability of a
male child, as well as repeated threats.
Economic Abuse: Deprivation of the financial resources necessary for the survivor of the victim
and his children to dispose of any assets, including interest/share of the victim and
prohibition/restriction of financial resources.
4. The definition of "agitated person" includes any woman who is in a domestic relationship with
the defendant or who accuses them of being a victim of domestic violence. (See section 2 (a) of
the PWDVA) The definition of "defendant" includes any Also includes an adult male who is or is
in a domestic relationship with the victimized woman, and against whom the woman has sought
relief from the married woman's husband or male partner, or any male or female relative, or of
the nature of the marriage A woman is bound in relation.
The Indian Penal Code, 1860 is the most important criminal law to enforce certain amendments
in relation to cruelty against women. Section 498A deals with certain things in the context of
cruelty which read: - · Any intentional conduct that is likely to induce a woman to commit suicide
or cause serious injury or danger to the life, limb or health of the woman; or · any unlawful
demand for any property or any valuable security With a view to compelling him or any person
related to him to fulfill Harassment of women is due to her failure by her or anyone related to her
to fulfill any demand.
The definition of "domestic relationship" is any relationship. 2 persons live together in a shared
household and these people are: · Consensual (blood relations) · Marriage related. A
relationship in the nature of marriage (which would include live-in relationships). The definition
of "child" is any person under the age of eighteen and includes a foster, adopted, or stepchild.
What are the other relevant features of PWDVA? Apart from the above definitions, the following
are some other important aspects that the Act covers. Under the Victim Resources Act, victims
should be provided with adequate medical facilities, counseling, and shelter homes as well as
legal assistance if necessary. Consultation: Section 14 consultation, as directed by the
magistrate, must be provided to both parties involved, or whichever party has been ordered will
5. be required. Protection Officers: Under Section 9 Act, Protection Officers should be appointed
by the Government in every district, preferably women, and should be qualified. The duties of
the Protection Officer include filing a domestic incident report, shelter home, providing medical
facility and legal assistance for the victims, and ensuring that protection orders issued against
the respondents are issued. Order of Protection: Section 18 protection orders for the protection
of the victim may be issues against the defendant, and include when he commits violence,
assists or stops him, entering any place where the victim
The person attempts to communicate with him or prohibits any form of property of the victims.
Violence for people of interest to the victim. Residence: Section 19 magistrate may choose to
ban the defendant from the place of residence of both the parties if they feel that it is for the
protection of the victim. Additionally, the defendant cannot evict the victim from his place of
residence. Monetary Relief: Section 20 Defendants are to provide relief to the victim to
compensate for the loss, including income, medical expenses, destruction, damage or removal,
and any expenses incurred due to loss of property from the maintenance of the victim and his
children. Huh. Custody of children: Section 21 must provide custody of the child to the victim as
necessary, with the visitation of the defendant's rights if necessary. What are the benefits of
PWDVA? The legislation was enacted after the CEDAW (Convention on the Elimination of All
Forms of Discrimination against Women) definition of 'domestic relations' is sufficient to cover all
types of domestic arrangements; For example, a live-in relationship (when couples do not
marry).
6. The inclusion of this as well as relationships that fall into the category of insidious or spiteful was
a pioneering step. In relation to the live-in relationship, in a specific decision passed in the case
of Bharat Mutt and Orms v. Vijaya Rengathan and Ors., It was decided that a child born out of a
live-in relationship is entitled to property (property). Property owned by parents, but not paternal
property). This means that a woman and her child living in a live-in relationship cannot be at risk
of economic exploitation. Of course, although this is of more relevance to the ownership of
property and the Hindu Marriage Act, it is heartening to know that children who do not have
marriage ties can also obtain property rights. In addition, the Act provides relief from domestic
violence perpetrated by male and female relatives of the husband or male partner (who help in
situations where family members harass the wife). Additionally, the definition of "child" is also
inclusive of foster, adopted, and stepchildren.
The defendant's duty is to compensate the victim and not cut financial resources, and it not only
protects the victim from violence but also protects his or her interests. The definition of "shared
house" specifies whether the victim has legal rights/equity or not; If he has taken up residence in
the house with the defendant, and has been violent with him, the defendant is liable under the
Act. This means that even if it has legal or financial in-house the defendant cannot evict him if
he has no financial stake. The order of protection includes most instances where the defendant
could possibly have taken advantage of the victim, and again is not limited to that definition only.
Finally, orders issued by law must be given free to the victim as evidence. What can be
improved One of the most important points of the Act are the definitions of "clearly aggrieved
person" and "defendant"; And how only the women's rights activists against domestic violence
are included.
7. It is also important to understand that the Act provides for quasi-criminal or civil treatment given
to women who require a particular social context in which domestic violence occurs in India. Not
only do women make up a high proportion of domestic violence victims, but coupled with less
political-social and economic decision-making power, it is harder for them to get out of abusive
domestic relationships. One issue that has been completely ignored is the relationship of the
queue. Although s. There is no specific description of the same in the Act in the judgment of
Khushboo Vs. Kannamimala and Unr., The Supreme Court held that the live-in relationship is
only acceptable to unmarried persons of prime-age in heterosexual relationships. Implements
that are facing bottlenecks 1) There seem to be problems with the actual implementation of the
rules. In many districts, existing government officials are given this responsibility, rather than
appointing conservation officers; And are not equipped to deal with the same (see link below).
8. Therefore, they do not fulfill most of the duties specified in the Act, and because of this the
victims are not able to make full use of the law for their benefit. Similarly, with respect to shelter
homes, the Act specified that should be adequately understood. However, research into the
actual implementation has shown that many districts do not have a single shelter home. 2)
Although the Act has some defects, and implementation leaves much to be desired; The policy
itself seems quite practical. Yes, it is important to understand that men also face violence. Yes, it
is necessary to implement the Act better and hold the Government accountable as to why they
have not taken better reform measures in respect of the same.
However, it is also important to recognize that at the time of the Act (and even now), it was
extremely important to introduce legislation that gives women ease of access to justice. The
reason for this is that the deaths due to dowry are high and domestic and sexual violence
against women. The Act aims to provide a simplified procedure to women who have access to
civil and quasi-criminal treatment to counter domestic violence and has succeeded in doing so
to a large extent. In a country like India, which has a patriarchal society, then this law is a
commendable law as a result of the Protection of Women from Domestic Violence Act. It
considers and accepts a wide variety of violence against women. Prior to this act, all the various
situations of domestic violence within the family had to be dealt with under the offenses which
took place under the respective acts of violence constituted in the IPC apart from the relation of
the sex of the victim.