The Domestic Violence Act, of 2005 is a comprehensive legislation enacted in India to protect women from domestic violence. The Act addresses domestic violence prevention as well as the protection & relief of victims of domestic violence.
Under the Act, domestic violence includes physical, sexual, verbal, emotional, and economic abuse, harassment, and intimidation. The Act provides for the appointment of protection officers to ensure the safety & protection of victims of D.V.
Important provisions of the Act
The Act enables any woman who is or has been in a domestic relationship with the respondent and who alleges to have experienced domestic abuse from the respondent, can file a complaint.
The complaint can be filed before a Magistrate or a Protection Officer.
The Magistrate can pass a protection order to prevent the respondent from committing any act of domestic violence, evict the respondent from the shared household, or prohibit the respondent from entering the shared household.
The Act also provides for the appointment of a Protection Officer who is responsible for assisting the Magistrate in the discharge of his functions under the Act.
The Act also provides for the establishment of Domestic Violence Courts to provide speedy and effective redressal to victims of domestic violence.
case laws related to Domestic Violence
S.R. Batra v. Smt. Taruna Batra (2007)
In this case, the Delhi High Court held that a wife who is legally separated from her husband is entitled to relief under the Domestic Violence Act as long as she continues to be in a domestic relationship with her husband.
Bhaskar Lal Sharma v. Monica (2009)
In this case, the Delhi High Court held that the Domestic Violence Act is beneficial legislation and should be interpreted liberally to provide relief to victims of domestic violence.
Sandhya Wankhede v. Manoj Bhimrao Wankhede (2011)
In this case, the Bombay High Court held that the Domestic Violence Act provides for a speedy remedy to victims of domestic violence and that the Act should be interpreted in a manner that advances its objective of protecting women from domestic violence.
Navneet Jaiswal v. State of Uttar Pradesh (2012)
In this case, the Supreme Court held that a woman who is living with a man in a relationship that is similar to marriage is entitled to protection under the Domestic Violence Act.
Lalita Kumari v. Government of U.P. and others (2013)
In this case, the Supreme Court held that it is mandatory for the police to register an FIR under the Domestic Violence Act if a complaint is made by the victim or on her behalf.
Indra Sarma v. V.K.V. Sarma (2013)
In this case, the Supreme Court held that the definition of a shared household under the Domestic Violence Act includes a household where the aggrieved person had been living in a domestic relationship.
Hiral P. Harsora v. Kusum Narottamdas Harsora (2016)
In this case, the Supreme Court held that the term ‘respondent’ under the Domestic Violence Act includes not only the husband but also other family members who may be responsible for domestic violence against the woman.
Rajnesh v. Neha (2020)
In this case, the Supreme Court held that women who are victims of domestic violence can seek alternate accommodation if they are unable to live in a shared household due to domestic violence, even if they do not have a legal share in the property. The Court also held that the right to reside in a shared household is not an absolute right, and is subject to certain conditions.
Gyan P. Singh v. State of Uttarakhand & Ors. (2021)
In this case, the Supreme Court held that a complaint filed under Section 12 of the Domestic Violence Act need not be filed only in the jurisdiction where the respondent resides and can be filed in the jurisdiction where the aggrieved person is residing.
The Court held that the provision of the Act is beneficial legislation and should be interpreted in a manner that advances its objective of protecting women from domestic violence.
In this case, the aggrieved person filed a complaint under Section 12 of the Domestic Violence Act before the Magistrate of the district where she was residing, even though the respondent was residing in a different district.
The respondent challenged the jurisdiction of the Magistrate to entertain the complaint on the ground that the complaint can only be filed in the jurisdiction where the respondent resides. The Supreme Court held that the provision of the Act allows for filing a complaint in the jurisdiction where the aggrieved person resides, and upheld the jurisdiction of the Magistrate to entertain the complaint.
Conclusion
The Domestic Violence Act in India is a comprehensive legislation aimed at protecting women from domestic violence and providing them with legal remedies to redress their grievances. The Act recognizes the right of women to live a life free from violence and provides for a wide range of reliefs such as protection orders, residence orders, monetary reliefs, and custody orders, among others.
The Act also recognizes that domestic violence is not limited to physical violence and includes emotional, verbal, sexual, and economic abuse as well. It is a significant legislation in the fight against gender-based violence and has played an important role in increasing awareness about domestic violence and providing women with legal tools to protect themselves.
However, like any other legislation, the effectiveness of the Domestic Violence Act depends on its implementation and enforcement. There are still challenges in ensuring that women are able to access justice and receive timely and effective remedies under the Act.
Therefore, it is important to continue to work towards improving the implementation and enforcement of the Act, and to create a society where women are truly able to live a life free from violence.
