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Domestic Violence Act

 

The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to shield women from domestic violence. It was brought into power by the Indian government from 26 October 2006. The Act accommodates the first run through in Indian law meaning of “domestic violence”, with this definition being wide and including physical violence, as well as other types of violence, for example, emotional/verbal, sexual, and economic. It is a civil law implied essentially for protection orders and not intended to punish criminally.

Domestic Violence Means

Causing hurt, injury or danger to life, limb, health, safety or well-being, whether mental or physical.

Causing harm, injury, or danger to the woman with an intention to coerce her or any other person related to her to meet any demand for dowry.

“Physical abuse" includes hurt of any kind. Assault, criminal intimidation and criminal force.

“Sexual abuse" such as conduct of a sexual nature such as forced sexual intercourse, forcing the aggrieved person to watch pornography or other obscene material. Forcibly using women to entertain others, any other act of sexual nature, abusing, humiliating, degrading or otherwise violative of one’s dignity.

“Verbal and emotional abuse" such as Accusation/aspersion on character or conduct. Insult for not bringing dowry, Insult for not having a male child. etc.

"Economic abuse" such as not providing money for maintaining a woman or her children, not providing food, clothes, medicine. etc,

Who is Covered Under the Act

The Act covers all women who may be mother, sister, wife, widow or partners living in a shared household. The relationship may be in the nature of marriage or adoption. In addition relationships with family members living together as a joint family are also included. However, no female relative of the husband or the male partner can file a complaint against the wife or the female partner, for e.g. the mother-in-law cannot file an application against a daughter-in-law, but she can file an application against her daughter-in-law for abetting her son to commit violence against her.

Domestic Relationship Means 

Relationship between two persons who live or have at any point of time lived together in a shared household

Includes relationship of consanguinity, marriage, relationship in the nature of marriage.

Shared household is a household where the woman lives or has lived with the man in a domestic relationship. She may not be living in the shared household at the time of the application for relief but such women are entitled to relief under the Domestic Violence Act as long as the domestic relationship subsists.

Every woman in a domestic relationship has the right to reside in the shared household, even if she does not have any right, title or interest in it.


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