The Act is divided into several chapters covering different aspects of the Act.
Preamble of the Act
The Domestic Violence Act (in short) was brought in force to provide effective protection of the rights of the women, who are victims of different forms of violence within family or connected to the family.
Chapter I
Important Definitions
When was the Domestic Violence Act passed in India?
Section 1
The Act was passed in 2005 & it extends to whole of India.
Who can file a complaint under Domestic Violence Act?
Aggrieved Persons or Victim refer to a woman, who shares or shared a domestic relationship with the Offender and is subjected to domestic violence during their relation. All aggrieved persons can file a complaint under DV Act.
Who is a victim or sufferer?
The Aggrieved Person is hereinafter referred as "Victim or sufferer".
What types of domestic relationships are covered under this Act?
Domestic Relationship refers to relationship between two persons who are living together or have lived together, and they are related to each other by marriage, adoption , family, joint family or of the same nature.
D Velusamy v D Patchaimmal it was held that live in relationships will also be covered under this definition.
What is a shared household?
Shared household refers to place where the victim or sufferer lives or has lived with the offender in the same house or shared a domestic relationship. Shared household can also a be a joint family property.
In Satish Chander Ahuja v Sneha Ahuja it was held that wife is also entitled to claim right of residence in a shared household belonging to relatives of the husband.
Chapter II
What is Domestic Violence?
Section 3
Domestic Violence refer to the acts that cause or likely to cause harm or endangers the life, limb, health or well-being of the victim or sufferer, mentally or physically and includes all acts of Physical abuse, Sexual abuse, Verbal abuse, Emotional abuse and Economic abuse.
It also covers within its ambit any harm to the victim or sufferer, whether mental or physical, for obtainment of dowry.
Section 2(e)
Domestic Incident Report refers to a report based on complaint of domestic violence from the victim or sufferer.
Chapter III
Rights of the Victim or Sufferer & Duties of Officials
What is the duty of a common person?
Any person who witnesses domestic violence or has reasons to that it will occur, can inform the Protection officer, without any liability falling on their shoulders.
What are the rights that victims or sufferer should know?
Section 5
The victim or sufferer under the Domestic Violence Act has :-
Right to compensation, a custody order, a residence order etc.
Right to know of the availability of service providers(NGOs, NPOs), Protection Officers.
Right to free legal services under the Legal Services Authorities Act.
Right to file a complaint under section 498A of the IPC whenever relevant.
The Officer concerned who has received a complaint of domestic violence, shall inform the victim of these rights.
Who are Protection officers and How can we reach them?
Protection officers are the officials that are appointed by the state government according to their criteria to ensure the implementation of the Act. The Protection Officer shall be a woman as far as possible.
To find the contact details of the Protection officer of your area concerned click here .
What are the duties of the Protection Officer?
Protection officers has the duty to:
assist the magistrate in Court,
make the domestic violence report and forward a copy of it to the nearest police station
make an application for protecting order of the victim or sufferer,
provide with free legal aid under LSAA,
maintain a list of all service providers(NGOs), shelter homes and medical facilities in a local area concerned.
make available a safe shelter home,
get the victim or sufferer medically examined,
ensure that the order for monetary relief under the Act is complied with and executed.
Who are Service Providers?
Service Providers are any voluntary association such as NGO's that have volunteered to ensure the implementation of the Act. Any organisation registered under any law in India can get itself registered as a service provider under the Act to help the victims or sufferer of domestic violence.
Chapter IV
Procedure, Rights & Reliefs
Where can victim or sufferer file the application under DV Act?
Victim or sufferer, Protection Officer or someone on behalf of victim or sufferer may present an application to the Magistrate seeking compensation and damages for rights & injuries.
Magistrate shall fix the first date of hearing within 3 days on receiving the application and shall dispose the case in 60 days.
What are the reliefs a victim or sufferer is entitled to under DV Act?
*Counselling
Section 14
The Magistrate may order the offender, victim or sufferer or both to go for counselling with the qualified members of the service providers.
*In-camera proceedings
Section 16
The victim or sufferer has a right to have in-camera proceedings.
*Right to reside
The victim or sufferer has the right to reside in a share household even if she doesn't have any interest or title in that household. The victim or sufferer shall also not be evicted or excluded from the household except under any legal order.
*Protection Order
Section 18.
The Magistrate after being satisfied that a case of domestic violence has taken place, may pass a protection order prohibiting offender from:
Committing any act of domestic violence;
Aiding or instigating any act of domestic violence;
Entering the place of employment, school or any other everyday space of victim or sufferer;
Attempting to communicate in any form
Alienating any assets, operating bank lockers or bank accounts;
Causing violence to the dependants, other relatives or any person who give the victim or sufferer from domestic violence;
Committing any other offence
*Residence Orders
While disposing of an application for relief, Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order :
Restraining the offender from dispossessing or disturbing the possession of the victim or sufferer from the shared household, whether or not the respondent has a legal or equitable interest in the shared household,
Directing the offender to remove himself from the shared household, unless the offender is woman,
Restraining the offender or any of his relatives from entering any portion of the shared household of victim or sufferer,
Restraining the offender from alienating or disposing off the shared household,
Restraining the offender from renouncing his rights in the shared household,
Directing the offender to secure same level of alternate accommodation for the victim or sufferer as enjoyed by her in the shared household or to pay rent for the same,
The Magistrate may require the offender to execute & sign a bond, with or without sureties, prohibiting them from committing any further act of domestic violence. The court may also pass an order directing the nearest police station to give protection & assistance to the victim or sufferer.
The Magistrate may also order the offender to pay rent and other payments, having regard to the financial needs and resources of the victim or sufferer and parties.
The Magistrate may order the offender to return the stridhan or any other property or valuable security of the victim or sufferer to which she is entitled to.
*Monetary Relief for expenses
The Court may direct offender to pay the monetary reliefs to the victim or sufferer including but not limited to loss of earnings, medical expenses and loss of control of property, maintenance for the victim or sufferer as well as children, lump sum maintenance etc.
Section 2(k)
Monetary Relief is the compensation which the Magistrate may order to the Offender to pay to the victim or sufferer, during the hearing, to meet the expenses incurred and the losses suffered by the victim or sufferer as a result of the domestic violence.
*Temporary Custody
The Court may grant temporary custody of children to the victim or the person making an application on her behalf and may allow the arrangements to visit the children by the offender.
Court may also refuse to allow the visit completely if the circumstances demand so.
*Compensation for loss
The Court may 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.
Does the act bar remedies under other Indian laws?
Section 26
Reliefs available under this Act including protection order, monetary relief, compensation are in addition to any other reliefs available under any other law in India.
Section 29
The appeal from the order of the Magistrate shall lie before the court of session within 30 days of the order.
Chapter V
Miscellaneous
Section30
The Protection Officers and members of service providers to be considered public servants for the purpose of this Act.
If the offender violates the protection order, the Court may punish the offender with 1 year of imprisonment or fine of Rs 20,000 or both.
The Magistrate may also take notice of charges under 498A-IPC (Dowry related harassment and cruelty)
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Article by Gurpreet Singh
Reviewed by Simran Gill & Parvez Alam.
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