Protection of Women from

Domestic Violence Act

Penalties under DVA
Civil remedies for victims suffering domestic violence in the form of protection order,
residence orders, custody orders, monetary relief and compensation orders. A breach of any
of these orders makes the defendant liable to one year of imprisonment or fine of up to
25,000 or both under S. 31 of the Act.

Safeguards to the victims of Domestic Violence

1. Protection Orders

When an application is made to the Magistrate that domestic violence has occurred, the
Magistrate, on hearing out both the parties, can pass an order for protection in favor of
the aggrieved person under S. 18 of the Act. If the order is breached by more domestic
violence, a residence order can be passed.

2. Residence Order

A residence order protects the victim against domestic violence and makes provisions for
alternate accommodation under S. 19 of the Act.

3. Custody Order

A custody order is a temporary order passed until such time as the parties may reach a
resolution or are fully separated. A residence order is passed under S. 21 of the Act.
Until such time as the parties decide on a way to move forward, the Magistrate will give
instructions for the safety of the children, if any. If he finds that the visits of the
respondent are harmful to the children, then the Magistrate may stop such visits.

4. Monetary Orders

A monetary order is an order for relief of financial matters and is intended to meet the
expenses of the victim under S. 20 of the Act. The expenses included in this are medical
or emergency expenses, loss in earnings of the aggrieved, etc.

5. Compensation Order

Issued to compensate any injuries or damage so caused by the respondent under S. 22 of

the Act. These include hurt, grievous hurt and assault.

Protection of Women from Domestic Violence Act 1

 Lacunae of the Domestic Violence Act
1. While the Act does protect women from domestic violence, it has been misused by
certain women to hurt the respondents and there are no provisions for punishment for
this under the Act.

2. The act does not allow the prosecution of women against women, and instead, one must
prosecute under S. 498A of IPC.

3. There are no specific provisions for LGBTQ relationships, even though the same sex
relationships and live-in relationships have been recognized by the Supreme Court.

4. Verbal abuse and mental harassment are subjective terms and are difficult to prove in a
court of law.

Role of implementing authorities

1. Role of the Police

a. to inform women of their rights under various such supportive acts,

b. the police should be trained to be respectful towards their victims,

c. female police officers should be allowed to handle cases of domestic violence.

2. Role of the Government

a. Under S. 11 of the Act it is the duty of the Centre and the State Governments to
make provisions benefitting the victims of domestic violence and to sensitize the
general public and increase awareness.

b. The Government should provide funding for infrastructure and training on the issues
addressed by the Act.

c. Every woman should be made aware of the National Women’s Commission and it
should have a branch in every district.

3. Role of Judiciary

a. Every woman Magistrate should attend to cases of domestic violence,

b. special courts of women judges to handle cases of domestic violence should be

established,

c. counselling centres should be made available,

d. law enforcement should be done in coordination of police.

Protection of Women from Domestic Violence Act 2