Domestic Violence Act 2005

Introduction to the Domestic Violence Act

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is one of India’s most important and progressive social laws. It was enacted to protect women from violence and abuse that occur within the home or domestic relationships.

Domestic violence is not only physical beating. It includes mental torture, emotional humiliation, sexual abuse, and economic deprivation. For a very long time in India, such violence was considered a private family matter, and women were expected to tolerate it silently.

Before 2005, women had very limited legal remedies. They had to depend mainly on criminal law provisions like Section 498A of the IPC, which focused on punishment but did not provide immediate protection, shelter, or financial relief. The Domestic Violence Act changed this approach completely.

This Act recognizes that domestic violence is a violation of basic human rights and provides quick, civil remedies to ensure safety, dignity, and survival of women.

The law aims not only to punish wrongdoers but also to protect victims, prevent further violence, and restore normal life.

Why the Domestic Violence Act Was Needed

Domestic violence is one of the most widespread yet underreported crimes in India. Many women face abuse because of:

Economic dependence
Fear of social stigma
Concern for children
Pressure from family and society
Lack of legal awareness

Women often lose their homes, income, mental peace, and dignity due to domestic violence. The Act was enacted to ensure that no woman is forced to choose between abuse and homelessness.

Objectives of the Domestic Violence Act

The Domestic Violence Act has clear and humane objectives:

To protect women from all forms of domestic violence
To recognize a woman’s right to live in a shared household
To provide immediate and emergency relief
To prevent eviction and homelessness
To ensure speedy justice through Magistrate Courts
To provide financial security and compensation
To promote dignity, equality, and safety of women

This Act focuses on protection, not revenge.

Who Is Protected Under the Domestic Violence Act?

The Act protects only women, irrespective of:

Age
Marital status
Religion
Caste or class

Protection is available to:

Married women
Divorced women
Widows
Live-in partners
Mothers
Sisters
Daughters

The woman must have lived or be living in a domestic relationship with the respondent.

Important Definitions under the Domestic Violence Act (Section 2)

Aggrieved Person – Section 2(a)

An aggrieved person is any woman who:

Is or has been in a domestic relationship
Alleges that she has suffered domestic violence

This definition is very broad and inclusive. Even women who are no longer living with the abuser are protected.

Domestic Relationship – Section 2(f)

A domestic relationship exists when two persons:

Live or have lived together
In a shared household
Are related by:
- Marriage
- Blood
- Adoption
- Live-in relationship

This ensures that modern relationships are also protected.

Important Case Law:
D. Velusamy v. D. Patchaiammal (2010) – The Supreme Court clarified when a live-in relationship can be treated as similar to marriage.

Shared Household – Section 2(s)

A shared household is:

Any house where the woman lives or has lived
Whether owned or rented
Even if owned by the husband, in-laws, or jointly

Ownership of the house is irrelevant.

A woman’s right is to residence, not ownership.

Respondent – Section 2(q)

Originally, only adult male members could be respondents.
After judicial interpretation, female relatives can also be respondents.

Important Case:
Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) – Removed gender restriction on respondents.

Meaning of Domestic Violence – Section 3

Domestic violence under the Act includes any act, omission, or conduct that harms a woman’s physical, mental, or emotional well-being.

1. Physical Abuse

Beating, slapping, kicking
Causing physical pain or injury

2. Sexual Abuse

Forced sexual relations
Degrading sexual acts

3. Verbal and Emotional Abuse

Insults and humiliation
Threats
Character assassination
Continuous mental harassment

4. Economic Abuse

Denial of money or maintenance
Disposal of stridhan
Preventing access to bank accounts or resources
Forcing unemployment

Domestic violence is about control and domination, not just physical harm.

Who Can File a Complaint?

A complaint can be filed by:

The aggrieved woman
Any person on her behalf
Protection Officer
NGO or social worker

There is no court fee, making the law accessible to all women.

Authorities under the Domestic Violence Act

Protection Officer – Section 8

The Protection Officer plays a crucial role by:

Assisting the woman
Filing Domestic Incident Report (DIR)
Arranging medical help and shelter
Ensuring court orders are followed

Service Providers – Section 10

These include:

NGOs
Shelter homes
Hospitals
Counseling centers

They support the victim emotionally, medically, and socially.

Role and Powers of the Magistrate

Only a Judicial Magistrate First Class or Metropolitan Magistrate has jurisdiction.

The Magistrate can:

Hear complaints
Pass protection and residence orders
Grant monetary relief
Issue interim and emergency orders

The aim is quick and effective relief, not prolonged litigation.

Types of Reliefs under the Domestic Violence Act

Protection Orders – Section 18

Stops the respondent from:

Committing violence
Communicating with the woman
Visiting her workplace

Residence Orders – Section 19

Ensures the woman:

Cannot be evicted
Has the right to live in the shared household
May be given alternative accommodation if required

A woman cannot be thrown out of her home.

Monetary Relief – Section 20

Includes:

Maintenance
Medical expenses
Loss of income
Property damage

This relief is additional to other maintenance laws.

Custody Orders – Section 21

Temporary custody of children may be granted to the woman, keeping the child’s welfare in mind.

Compensation Orders – Section 22

Compensation for:

Physical injury
Mental agony
Emotional suffering

Interim and Ex Parte Orders – Section 23

Courts can pass urgent interim orders, even without hearing the respondent, to protect the woman immediately.

Procedure under the Domestic Violence Act

Complaint filed
DIR prepared
Notice issued
Hearing conducted
Relief granted

The Act follows a summary and speedy procedure.

Breach of Protection Order – Section 31

Violation of court orders is a criminal offence:

Cognizable and non-bailable
Punishment up to 1 year imprisonment
Fine up to ₹20,000
Or both

Important Case Laws

Indra Sarma v. V.K.V. Sarma (2013) – Live-in relationships
Hiral P. Harsora Case (2016) – Female respondents
S.R. Batra v. Taruna Batra (2007) – Shared household debate

Domestic Violence Act vs Section 498A IPC

Domestic Violence Act is civil and protective
Section 498A IPC is criminal and punitive
Both can be used together

Importance of the Domestic Violence Act

Protects dignity and safety of women
Prevents homelessness
Provides financial security
Strengthens constitutional rights
Encourages reporting of abuse

Criticism of the Act

Allegations of misuse
Delays in enforcement
Lack of awareness
Inadequate support infrastructure

Balanced understanding is essential.

Conclusion

The Protection of Women from Domestic Violence Act, 2005 is a landmark law that recognizes domestic violence as a serious social and legal issue. It provides protection, shelter, dignity, and justice to women who suffer abuse within their homes.

The Act sends a powerful message:
Violence inside the home is not private—it is a violation of human rights.

This law empowers women to live fear-free, dignified, and independent lives.