Notes on Protection of Women from Domestic Violence Act 2005

The Protection of Women from Domestic Violence Act 2005 is an Indian legislation aimed at
preventing domestic violence against women. It provides legal measures to protect women
from physical, emotional, sexual, and economic abuse within the home. The act defines various
forms of domestic violence and outlines the rights of victims, including obtaining protection
orders and residence orders. It reflects a significant step towards addressing and combating
domestic violence in India.

1. Definition of Domestic Violence:

• The act broadly defines domestic violence to include physical, sexual, verbal,
emotional, and economic abuse.

• It covers not only actual abuse but also the threat of abuse that may be physical,
sexual, verbal, emotional, or economic in nature.

2. Applicability:

• The act applies to all women, irrespective of their age or marital status.

• It extends beyond the boundaries of marriage and includes women in

relationships, such as sisters, mothers, or daughters.

3. Protection Officers:

• The law allows for the appointment of Protection Officers to assist victims in
filing complaints and seeking remedies.

4. Protection Orders:

• Victims can seek protection orders, which may restrain the accused from
committing acts of domestic violence.

• These orders can also prohibit the accused from entering the victim's place of
employment or other specified areas.

5. Residence Orders:

• The act provides for residence orders, enabling the victim to stay in a shared
household or a separate residence, depending on the circumstances.
 6. Monetary Relief:

• Victims can claim monetary relief for the losses suffered due to domestic
violence. This includes medical expenses, loss of earnings, and damage to
property.

7. Counselling and Support:

• The act emphasizes the need for counselling services to be made available to
both the victim and the perpetrator.

8. Duties of the Police and Magistrate:

• It outlines the responsibilities of the police officers and magistrates to assist

victims promptly and effectively.

9. Violation of Protection Orders:

• The act specifies penalties for the violation of protection orders, including
imprisonment.

10. Awareness and Training:

• The legislation encourages the promotion of awareness regarding the provisions

of the act and the rights of victims.

• It also advocates training for law enforcement officials, service providers, and
judicial officers to handle cases sensitively.

The Protection of Women from Domestic Violence Act 2005 is a crucial legal tool that seeks
to address the pervasive issue of domestic violence, providing women with a legal framework
to seek protection and redressal.

Key sections of the Protection of Women from Domestic Violence Act 2005:

1. Section 2: Definition:

• Provides definitions of various terms, including domestic violence, shared

household, and protection officer.
2. Section 3: Definition of Domestic Violence:

• Defines the various forms of domestic violence, including physical abuse,

sexual abuse, verbal and emotional abuse, and economic abuse.

3. Section 4: Appointment of Protection Officers:

• Authorizes the appointment of Protection Officers to assist victims and provide

them with information on their rights and the remedies available.

4. Section 5: Duties of Police Officers:

• Specifies the duties of police officers in assisting victims and making the victim
aware of their right to make an application for obtaining a protection order.

5. Section 12: Application to Magistrate:

• Outlines the procedure for the victim to file an application before the magistrate
seeking various reliefs, including protection orders and residence orders.

6. Section 17: Right to Reside in a Shared Household:

• Provides for the right of the victim to reside in the shared household and grants
the magistrate the power to pass residence orders.

7. Section 18: Protection Orders:

• Details the nature of protection orders that can be passed, restraining the accused
from committing any act of domestic violence.

8. Section 19: Residence Orders:

• Deals with the power of the magistrate to pass orders regarding the right of the
victim to reside in a shared household or to seek alternate accommodation.

9. Section 20: Monetary Relief:

• Allows the magistrate to order the payment of monetary relief to the victim to
meet the expenses incurred and losses suffered as a result of domestic violence.

10. Section 31: Penalty for Breach of Protection Order:

 • Imposes penalties, including imprisonment, for the breach of protection orders
issued under the act.

These sections collectively form the legal framework that addresses domestic violence and
provides remedies and protections for victims under the act.

Live-In Relationships and Domestic Violence

Cohabitation or live-in relationships, as we all know, is a widely practised pattern of living in

the western world. It is an arrangement wherein two adults consent to live together in an
emotional or/and sexually intimate relationship for a long term or permanent basis. Even
though Live-in Relationships have always been an issue in society as for Indian society,
marriage is a very sacred institution, and live-in relations violates the morality of this
institution, they are considered legal in the eyes of the law and any violence committed under
such relationship is punishable.

Domestic Violence against women persists between husband and wife and even between the
couples of live-in relationships. Section 2(f) of Domestic Violence Act, 2005, gives a woman
the right to file a case against any such abuse in the household, which is unlawful.

As marriage in India is considered ‘sacred,’ people choose live-in relationships as it helps to

check the compatibility as well as it exempts the family problems. If the relationship is not
healthy, couples can break-up. Many cases in India have also been continuously sentenced,
stating that it is entirely legal in the eyes of the law. In Khushboo v. Kanniammal (2010), it
was stated that live-in relationships come under the Right to life under article 21 of the Indian
Constitution, making it legal.

But under this statement, there is a point stated in section 2(f) Domestic Violence Act that must
be viewed upon, that the ‘relationship must be followed like marriage’ as described in
Velusamy V. D. Patchaiammal (2010) is that:

• Couples must represent themselves as comparable to spouses

• Age of the couples should be the same as the age of marriage by law

• They must live voluntarily and must represent themselves as akin to spouses for a
considerable period.

In Indra Sarma V. V.K.V. Sarma (2013) in which a woman name Sarma started a live-in
relationship with a man who was already married for two years and had two children after
months of their live-in relation, she filed the case against him under Domestic Violence Act,
2005 but the court stated that firstly, she started living with a person who was already married
and not yet divorced. Secondly, it stated that the relationship didn’t follow the rules, as stated
in Velusamy V. D. Patchaiammal (2010)

Section 2(f) of the Domestic Violence Act, 2005 states that “Domestic relationship means a
relationship between two persons who live or have, at any point of time, lived together in a
shared household, when they are related by consanguinity, marriage, or through a relationship
like marriage, adoption or are family members living together as a joint family.” It is still not
accepted in the society in India, but it is legal.

In Smt. Sabana@Chand Bai & Anr. V. Mohd. Talib Ali &Anr (2013), in which a woman in
a live-in relationship with the respondent has filed a case due to domestic violence. The court
found out that the couple was living together, and there was a live-relationship, and the norms
were followed accordingly. The court found the respondent guilty under sec—2 (f) of the
Domestic Violence Act.

Women in India need to be protected from domestic abuse. Male-dominance is still prevalent
in India even though women are considered equally as men, and even though progress is made
in the country, Violence against women and girls is still one of the reasons India has been held
back. It creates a negative impact on children, and sometimes domestic violence is not
contained between husband and wife, but children also become a part of this abuse. Most of
the time, they are brutally beaten up by the father. Men believe that they have exclusive rights
over a woman, and he can do anything he wants to do even though the consequences of this
could lead to the death of women. Cigarettes burns on the body, red swelling around the face,
and sometimes head damage can also be seen. Proper rules and laws are still not been made,
and Violence persists. Women can’t even stand up against these people because they never
want to go against their husband or their partner.

Live-in Relationships is a very controversial issue, and different people and different
communities have different opinions upon the same. In most of the western countries, it is a
widely accepted practice. Still, in a country like India, it is not very much accepted in the eyes
of society, and they consider it like a mockery of the sacred institution of marriage. However,
it is accepted and protected under the law, as mentioned in the above case laws.