Define domestic voilence, What are the rights of aggrieved women under the protection of women from domestic voilence act 2005 ?,
or
Examine the impact of domestic voilence act 2005 on Indian society, or
How far the domestic voilence act has been successful in protecting the women from domestic voilence ?,
or
Write a short note on domestic voilence act 2005,
• Introduction :
Domestic violence refers to any form of abusive behavior or violence that occurs within the confines of a domestic or familial relationship. It encompasses a range of actions, including physical, emotional, sexual, verbal, and economic abuse.
Domestic violence is defined as a violent control exercised by one individual over another.
Protection of Women from Domestic Violence Act, 2005 was enacted by the Parliament to protect the rights of women who are victims of violence of any type occurring in the family.
The United Nations defines it as “intimate partner violence,” which occurs when one person in a relationship uses threat, mental abuse, manipulation, trying to hurt, injury, or financial abuse to take control of the other.
• Definition of domestic voilence:
According to Section 3 of the Protection of Women from Domestic Violence Act, 2005, any act, omission or conduct of the Respondent shall constitute domestic voilence in case it -
(a) harms or endangers the health, safety, well-being of the aggrieved person, whether mental or physical,or tends to do so, or abuses physically, sexually, verbally, or economically,
(b) harasses, injuries or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand.
• Types of Domestic Violence :
The Protection of Women from Domestic Violence Act 2005 recognizes domestic violence as a human rights violation and divides abuse into four major categories :
Physical Abuse – Physical violence is the use of physical force against a woman so that she sustains bodily harm or injury.
Sexual Abuse – such as the conduct of a sexual nature, abusing, humiliating, degrading, or otherwise violative of one’s dignity.
Verbal or Emotional Abuse – such as Accusation/aspersion on character or conduct.
Economic Abuse – such as not providing money for maintaining a woman or her children
• Rights of Aggrieved Women under the Protection of Women from Domestic Violence Act, 2005:
1. Right to Protection/ Protection order: section 18 of the Act recognizes the right of an aggrieved woman to live a life free from violence and provides for protection orders in favour of the aggrieved person and restrain the abuser from committing any further acts of domestic violence,
like restrain from entering the place of employment of the aggrieved person, restrain attempting to communicate.
2. Right to Residence/ Residence ordes: section 19 of the Act ensures that an aggrieved woman has the right to reside in her shared household or to receive alternative accommodation if she cannot continue to live in the same house due to the violence
And provides for residence order -
(a) restraining the respondent from disturbing the possession of the aggrieved person from the shared household,
(b) directing the responded to remove himself from the shared household,
(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides, etc.
3. Right to Monetary Relief/ Monetary Relief: section 20 of the Act empowers the aggrieved woman to seek monetary relief, from the respondent by the direction of the magistrate, to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic voilence and such relief may include, but is not limited to-
a. loss of earnings,
b. medical expenses,
c. loss by destruction, damage or
removal of any property from the
control of the aggrieved person,
d. maintenance.
4. Right to Custody/ Custody orders : section 21 of the Act recognizes the right of an aggrieved person to obtain custody of any child or children, as well as visitation rights by the respondent.
Provided that is the magistrate is of the opinion thay any visit of the respondent may be harmful to the child or children,
the magistrate shall refuse to allow such visit.
5. Right to Compensation/ Compensation orders : section 22 of the Act allows aggrieved person to claim compensation and damages,
from the respondent by the direction of magistrate,
for the injuries, including mental torture and emotional distress caused by the acts of the domestic violence committed by the respondent.
6. Right to reside in a shared household : as per the section 17 of the act,
(1) every woman in a domestic relationship shall have the right to reside in the shared household.
(2) aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent
except in accordance with the procedure established by law.
7. Right to Legal Assistance: The Act guarantees the right of an aggrieved woman to receive free legal aid and assistance to pursue her case effectively.
• Important Cases :
1. Meenavati vs. Senthamarai Selvi(2008)
The proviso to Section 19 of the Domestic Violence Act explicitly specifies that no order under Section 19 (1) (b) of the Act can be issued against a woman.
It was held in this matter that women members of the family cannot be commanded to be removed from the shared household under the pretence of granting an order under Section 19 (1) (b) of the Domestic Violence Act.
2. Satish Chander Ahuja vs Sneha Ahuja(2020)
The petitioner had filed the suit for the removal of his daughter-in-law from the suit premises after her divorce from his son.
The landmark judgement overruled the judgement of S.R. Batra and Anr. Vs. Taruna Batra case and held that the definition provided for the shared household in Section 2(s) of the DV Act was exhaustive in nature.
It was held that the following needs to be established for the determination of whether a suit property was shared household or not:
a. The aggrieved person under the said Act resided or was residing in the premise during the period when the domestic relationship existed.
b. The property was required to belong to the joint family of which the aggrieved person is a part.
The Court subsequently dismissed the appeal.
[ S.R. Batra and Anr. Vs. Taruna Batra, (2007) 3 SCC 169 where the Supreme Court had ruled that under DV act the property of husband’s property which was not a joint family property did not come within the meaning of shared household. ]
3. V.D. Bhanot vs. Savita Bhanot(2010)
In this case, the Supreme Court maintained the Delhi High Court's decision that "even a wife who shared a household before the Domestic Violence Act came into existence would be entitled to the Domestic Violence Act's protection."
As a result, the Domestic Violence Act allows an aggrieved party to make an application under the Act for acts that occurred prior to the Act's inception.
4. Kusum Sharma vs. Mahinder Kumar Sharma (2015)
The Delhi High court had stated that: the affidavit of assets, income and expenditure of both the parties are necessary to determine the rights of the parties and hence, both parties must file sworn affidavits with the court in order for the court to make monetary relief orders.
5.Indira Sarma vs VKV Sarma(2018)
The Supreme Court ruled in this decision that not all live-in relationships are marriage-like relationships.
Strong character of a marriage is missing, which makes the appellant’s status lower than that of a wife’s.
So, the relationship here does not fall under Section 2(f) of the Domestic Violence Act.
The court held the respondent not liable for domestic violence under Section 3 of the said Act. Further, he was held to not be liable to maintain the appellant. Thus, the Apex Court affirmed the High Court’s decision and dismissed the appeal.
[ The Court noted a non-exhaustive list of essentials for testing the concept of live-in-relationship-
1.Duration of the relationship
2.Shared Household
3.Financially dependent on one another
4.Entrusting the responsibility, particularly in domestic arrangements
5.Sexual relationship
6.Intention to bear children
7.Socialization in the public
8.Partners’ common intention and conduct. ]
6. Kamlesh Devi vs Jaipal & Or (2019)
The Supreme Court held that mere vague allegation that respondents are family members will not be sufficient to maintain the complaint.
In this instance, a panel of Justice Banerjee and Justice Shah ruled that a vague claim is insufficient to pursue the case under the Domestic Violence Act. The Supreme Court is in favour of the High court order and hence dismissed the petition for special leave.
• Impact and Significance ( importance) :
1. Increased Awareness: The Act has played a crucial role in raising awareness about domestic violence, encouraging women to come forward and report incidents of abuse.
It has helped break the silence surrounding domestic violence and promote discussions on this important issue.
2. Empowerment of Women: The Act empowers women by granting them legal rights and protection. It has given women the confidence to seek assistance, take legal action, and break free from abusive relationships.
3. Prevention and Redressal: The Act focuses not only on providing immediate protection to victims but also on preventing further violence.
The availability of protection orders, counseling, and support services helps in breaking the cycle of abuse and facilitating the rehabilitation of survivors.
4.Challenging Social Stigmas: By criminalizing domestic violence, the Act challenges the societal acceptance of such abuse.
It sends a strong message that violence within the home is unacceptable, contributing to the cultural shift necessary to eradicate domestic violence.
5.Strengthening the Legal Framework: The Act fills the gaps in the existing legal framework by specifically addressing domestic violence and providing comprehensive legal remedies.
It recognizes domestic violence as a violation of human rights and ensures that appropriate action is taken against offenders.
• Conclusion:
The Protection of Women from Domestic Violence Act, 2005 is a landmark legislation that has been instrumental in addressing the issue of domestic violence in India.
By providing legal protection, support services, and prevention mechanisms, the Act has significantly contributed to empowering women, raising awareness, and challenging societal norms.
However, ongoing efforts are necessary to ensure effective implementation, sensitization of stakeholders, and the creation of a society free from domestic violence.
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