Protection of women from

Domestic violence Act, 2005

SUBMITTED BY : ARSHDEEP KAUR

ROLL NO: 34214

Position of women in INDIA

 The worth of a civilization can be judged by the place given to

women in the society. One of the several factors that justify
the greatness of India’s ancient culture is the honorable
place granted to women. The Muslim influence on India
caused considerable deterioration in the status of women.
They were deprived of their rights of equality with men. Raja
Ram Mohan Roy started a movement against this inequality.
The contact of Indian culture with that of the British also
brought improvement in the status of women. The third factor
in the revival of women’s position was the influence of
Mahatma Gandhi who induced women to participate in
Freedom Movement. As a result of this retrieval of freedom,
women in India have distinguished themselves as teachers,
nurses, air-hostesses, booking clerks, receptionists and
doctors. They are also participating in politics and
administration. But in spite of this amelioration in the status
of women, the evils of illiteracy, dowry, ignorance, and
economic slavery would have to be fully removed in order to
give them their rightful place in Indian society..
Definition of Domestic Violence

 In simple words, anything which

harms or injures or endangers the
health, life or well-being, whether
mental or physical includes verbal,
racial, economic or sexual abuse is
Domestic violence.
 Any abuse that occur in the
boundaries of home is also
Domestic violence.
Domestic Violence Act
It is also known as Protection of
Women from Domestic Violence Act,
2005.
It extends to the whole of India
except the State of Jammu and
Kashmir.
It came into force on 13 Sept. 2005.
Section 1 and 2 includes the definitions:
 Domestic relationship:
 Aggrieved person: a person
relationship b/w the
who is the victim of the
persons living in that home.
violence.
 Magistrate: means the
 Child: Any person below the
Judicial Magistrate of first
age of 18 years and
class.
includes any adopted, step
or foster child.  Dowry: Have same
definition covered under
 Compensation order: An
the dowry act.
order by the magistrate /
order granted in terms of  Protection officer: Officer
section 22. appointed by the state
govt. under section 8L to
 DIR(domestic incident
take care of aggrieved
report): report made in
person.
prescribed form on receipt
of complaint (like FIR).  Shared household: Where
Victim and aggressor both
live.
Protection against Domestic
Violence
 Section A- Appointment of domestic violence OFFICER is
discretion of State government.
 Under this act he has to perform certain duties given by state
government. But acc. to law he performs:
• Assist magistrate.
• To make DIR to magistrate & forward copies to police officer or
concerned officer.
• To make application in such manner for relief on desire of aggrieved
person.
• To ensure that person is provided with legal aid.
• To maintain list of providing legal aid.
• To make available shelter homes if required and inform magistrate.
• To get aggrieved person medical exam in case of physical injury.
• To execute any monetary relief provided by magistrate.
Section 4,5,6 and 7
•Victim must inform protection officer.
•If anyone complaints on behalf of victim, he
wouldn’t be accused of any case.
•Police need to inform protection officer if
they get any complaint of Domestic
Violence.
•Explanation should be given to victim about
relief, punishment & so on.
•Shelter homes should be provided.
Service Providers who provide relief to
victims
 All of them must be registered under
societies or companies or any law.
 Unregistered person cannot come into
picture under this act.
 He has the power to record DIR & forward it
to protection officer or magistrate.
 Can get person medically examine & send it
to protection officer or magistrate.
 To ensure victim is provided with shelter
homes & report it to protection officer.
 No case can be filled against service
providers which is done in good faith.
Duties of Central Government- Section 11
•Centre has to give wide Publicity
about provisions of this act.
•It will provide training to all
concerned officers & sensitization
also.
•Effective coordination between
ministries & departments which are
concerned with Domestic Violence.
Section 12-17  Procedure

 Protection officer or anyone can fill a complaint on behalf of

victim.
 12(2)- Relief may include for issuance of compensation
damage.
 Within 3 days hearing date must be decided.
 Within 60 days result should be decided.
 Before decided hearing date notice should be given to other
party & other party should response within 2 days.
 Before passing orders magistrate may ask both to go for
counseling either together or separately.
 In case of counseling magistrate is not bound to give
decision within 60 days.
 If party wants that magistrate can order counseling to be
within camera (no person other than parties or their
advocates).
 Both can live in shared shelter homes.
Section 18  Protection Orders

 Given by magistrate.
 He does not have to listen to whole case if he is
satisfied that protection is needed.
 Aid circumstances have been mentioned in this
section.
1) Commission of any act of violence.
2) Adding or abetting.
3) Entering the place of employment of aggrieved
person.
4) Attempting to communicate what so ever with
aggrieved person.
5) Causing violence to dependence who gives
assistance to aggrieved person.
6) Discretion of judge.
Section 19  Residence orders

 Judge has powers to give residence orders to aggrieved person.

 Orders against respondent.
1) Stopping the respondent from dispossessing or in any other matter
disturbing the aggrieved person from shared household.
2) Directing the respondent to remove himself from shared house.
3) Restraining the respondent person entering the any part of house in
which aggrieved person is living.
4) Restraining the respondent from shared house hold or he can’t sell or
rent it.
5) Stopping the respondent from renouncing his rights in shared house
except with the league(permission) of magistrate.
6) Directing the respondent to secure same level of accommodation for
aggrieved person as enjoyed by her in shared house hold or to pay
rent for same.
7) Magistrate may impose other additional conditions also if necessary.
8) Respondent has to agree that he won’t commit such crime again.
Section 20  Other relief orders

1. Relief on loss of earning.

2. Medical expense if incurred.
3. Loss caused due to destruction, damage
and from control of aggrieved person.
4. Maintenance of aggrieved person & her
children
 All reliefs must be adequate & fair.
 If respondent does not comply with
order then court can ask his employers
to deduct his salary & give it to
aggrieved person.
Section 21  Custody orders
Notwithstanding anything contained in any other law for the time
being in force, the magistrate may, at any stage of hearing of the
application for protection order or for any other relief under this Act
grant temporary custody of any child or children to the aggrieved
person or the person making an application on her behalf and
specify, if necessary, the arrangements for visit of such child or
children by the respondent.
Section 22  Compensation orders
In addition to other reliefs as may be granted under this Act, the
Magistrate may on an application being made by the aggrieved
person, pass an order directing the respondent to pay
compensation and damages for the injuries, including mental torture
and emotional distress, caused by the acts of domestic violence
committed by that respondent.
Critical Evaluation of this Act

Positive Negative
 Provide emergency  Some terms are vogue in
relief. this Act like ‘relatives’.
 Lack of commitment on
 Make women significant part of government.
part of vote bank.  In some no training for staff
 Highlighted that or protection officer and
domestic violence is a police handle everything
and due to which there is
violence which need to lack of clarity.
be corrected.  Lack of support system.
 This recognized both  State government is not
marriage and live-in making any budgetary
relationship case. provisions for such acts.
Thank you.