Domestic Violence Act 2005: What and Why We Need to Know It 

By Madiya Mushtaq Nadroo 

VARIOUS studies over the years have shown a disconcerting trend of rising domestic abuse in Jammu and Kashmir. Recently, a study conducted by Department of Community Medicine, Government Medical College, Srinagar, revealed that 6.5 percent women in Srinagar started experiencing intimate partner violence during covid-19 lockdowns. Earlier, a National Family Health Survey report 2021 had also revealed that over 49% of women in Kashmir justified violence done by their husbands. The 2021 report also stated that over 11% of married women had experienced physical or sexual violence at the hands of their husbands. Anecdotal evidence, such as videos on social media of men harassing women on the streets is also indicative of the normalisation of violence against women in our society.

Violence against women, especially domestic violence does not see the light of the day very often and is mostly unreported. Very often women do not feel safe, informed or empowered enough to take a step. However, legal provisions take into account the many challenges that women may face within their marriages as well as challenges they may face when they decide to report the crime.

In a society in which the sanctity of homes is frequently tainted by unseen tragedies, the war against domestic abuse continues to be an essential fight for gender equality. The Indian government, in recognition of the critical need to protect women from the widespread problem of domestic abuse, passed the Domestic Violence Act in 2005. This legislation represented a key milestone in the effort to defend the rights and well-being of women across the country.

The Domestic Violence Act, 2005 in India is the subject of this article, which aims to provide a full overview of the terms of the act, its impact, and the path it has paved towards empowering survivors and combatting this serious social issue.

The Domestic Violence Act of 2005 was passed with the intention of enabling women who were experiencing violence inside the limits of their homes with access to legal action and protection from that violence. This important legislation recognises unequivocally that domestic violence comprises not just the infliction of physical injury but also a variety of other forms of abuse, such as emotional, verbal, sexual, and economic abuse as well as sexual assault. The act acknowledges the complexities of the mechanisms that contribute to the ongoing cycle of domestic violence by acknowledging the various manifestations of violence.

In the course of this article, we will go into the specific provisions of the Domestic Violence Act, breaking down its fundamental parts, and investigating the opportunities it affords to survivors who are looking for justice and protection. I seek to give a thorough picture of the legal processes that are in place to combat domestic abuse by discussing topics such as the rights of survivors to obtain protection orders and help and the role of support services and counselling.

Domestic Violence Act of 2005 functions as a ray of light, giving survivors the ability to wriggle out from under the shackles of abuse and take back control of their lives. By gaining an awareness of its provisions and ramifications, we can all work together towards the common goal of constructing a society that takes a unified stance against domestic abuse. This will help us create an atmosphere in which every individual is treated with dignity, respect, and equality.

How to identify domestic violence?

Domestic violence is a pervasive issue that affects individuals across various socio-economic backgrounds and cultures. Identifying the signs of domestic violence is crucial to ensuring the safety and well-being of those who may be experiencing such abuse. The Domestic Violence Act, 2005 in India provides a comprehensive definition of domestic violence, encompassing various forms of abuse under its protective umbrella.

Domestic violence can manifest in different ways, and it is important to recognize the signs and patterns that may indicate an abusive relationship. Some common indicators of domestic violence include:

• Physical Abuse: Physical violence, such as hitting, slapping, punching, or any form of physical harm, constitutes a clear sign of domestic violence.

• Emotional Abuse: Emotional abuse includes actions intended to undermine an individual’s self-esteem, manipulate their emotions, or exert control over them. It may involve verbal insults, constant criticism, humiliation, threats, or isolation from family and friends.

• Sexual Abuse: Sexual abuse involves any non-consensual sexual activity imposed upon an individual. It includes forced sexual acts, marital rape, coercion, or any form of sexual violence.

• Economic Abuse: Economic abuse refers to controlling an individual’s financial resources or restricting their access to money. It may involve withholding finances, preventing employment or education, or exerting financial control to maintain power over the victim.

• Psychological Abuse: Psychological abuse can include intimidation, threats, stalking, or any behavior that instills fear and manipulates the victim’s thoughts, emotions, and actions.

• Social Abuse: Social abuse involves isolating the victim from their support system, such as family, friends, or community, thereby making them dependent on the abuser and amplifying their control.

Provisions to Protect and Empower Survivors

The Domestic Violence Act, 2005 provides a comprehensive framework to address the issue of domestic violence in India. It defines domestic violence as any act, omission, or conduct that harms or injures the aggrieved person, endangering their health, safety, life, dignity, or well-being. The act encompasses several provisions to protect and empower survivors:

• Protection Orders: The act allows the aggrieved person to seek protection orders that provide immediate protection from the abuser. These orders may prohibit the abuser from contacting or approaching the victim and can include measures to ensure the safety and well-being of the survivor.

• Residence Orders: The act enables the aggrieved person to seek residence orders that grant them the right to reside in the shared household, irrespective of their ownership or interest in the property. This provision prevents the victim from being forcibly evicted from their home due to violence.

• Monetary Relief: The act recognizes the economic impact of domestic violence and provides for monetary relief to the aggrieved person. This relief may include compensation for injuries, losses, medical expenses, and maintenance for the victim and their children.

• Custody Orders: In cases involving children, the act empowers the Magistrate to direct the custody of the child to the victim or the person applying on their behalf, considering the best interests and welfare of the child.

• Counseling and Support Services: The act emphasizes the importance of counseling and support services for survivors of domestic violence. It mandates the establishment of counseling centers, medical facilities, and shelters to provide necessary assistance, ensuring the physical and emotional well-being of survivors.

• Legal Aid and Protection Officers: The act promotes access to legal aid for the aggrieved person, ensuring that those who cannot afford legal representation receive free legal services. It also mandates the appointment of Protection Officers who assist the victim throughout the legal process, offering guidance and support.

• Confidentiality: The act ensures the confidentiality of proceedings, safeguarding the identity and privacy of the aggrieved person. It prohibits the disclosure of any information that may lead to the victim’s identification.

By recognizing the signs of domestic violence and understanding the provisions offered by the Domestic Violence Act, individuals can take appropriate steps to protect themselves and seek legal intervention. It is essential to raise awareness about domestic violence, provide support to survivors, and work collectively to create a society that rejects violence and promotes equality, respect, and empowerment for all.

Provisions of Domestic Violence Act,2005:

The Domestic Violence Act, 2005, also known as the Protection of Women from Domestic Violence Act, is a crucial legislation in India that aims to address and combat domestic violence. It provides a legal framework to protect the rights and well-being of women who experience violence within the confines of their homes. Let’s explore in detail the key provisions of this act:

• Definition of Domestic Violence:

The act encompasses various forms of abuse, including physical, sexual, verbal, emotional, and economic abuse. It recognizes that domestic violence extends beyond physical harm and encompasses acts or omissions that harm, injure, or endanger the aggrieved person’s health, safety, life, dignity, or well-being.

• Protection Orders:

The act empowers the affected women to seek different types of protection orders from the court, including Protection Orders, Residence Orders, and Monetary Relief Orders. These orders are designed to provide immediate protection, restrict the offender’s access to the victim, and ensure the victim’s safety and well-being.

• Definition of Aggrieved Person:

The act defines an “aggrieved person” as any woman who is, or has been, in a domestic relationship with the abuser and who alleges to have been subjected to domestic violence. It recognizes that victims may be wives, live-in partners, former wives, mothers, sisters, or any other woman residing in the same household.

• Emergency Assistance:

The act provides for immediate and emergency assistance to the aggrieved person. It allows the victim to seek help from Protection Officers, who have the authority to assist in obtaining medical aid, shelter, counseling, and legal aid.

• Residence Orders:

Under the act, the aggrieved person can seek a Residence Order that grants her the right to reside in the shared household, regardless of her ownership or interest in the property. This provision ensures that victims are not forced to leave their homes due to violence.

• Monetary Relief:

The act recognizes the economic impact of domestic violence and provides for monetary relief to the aggrieved person. This relief may include compensation for injuries and losses, as well as maintenance for the victim and her children.

• Custody orders

Under Section 21 of the Protection of Women from Domestic Violence Act, 2005 when the Magistrate receives an application concerning domestic violence, he has the authority to direct the custody of any child or children to the victim or the person making the application on behalf of the victim.

• Counseling and Support Services:

The act emphasizes the importance of counseling and support services for victims of domestic violence. It provides for the establishment of counseling centers, medical facilities, and shelters to offer assistance to victims, ensuring their physical and emotional well-being.

• Legal Aid and Protection Officers:

The act promotes access to legal aid for the aggrieved person by providing free legal services to those who cannot afford them. It also mandates the appointment of Protection Officers who are responsible for assisting the victim throughout the legal process and ensuring the implementation of protection orders.

• Confidentiality:

The act ensures the confidentiality of the proceedings and protects the identity and privacy of the aggrieved person. It prohibits the disclosure of any information that may lead to the identification of the victim.

• Penalties for Non-Compliance:

The act imposes penalties and consequences for non-compliance with protection orders or other provisions. Violations can lead to fines or imprisonment, ensuring that offenders are held accountable for their actions.

 What should a woman do when she is facing domestic violence?

The aggrieved individual, their local Protection Officer, or a representative acting on their behalf is required to submit an application to the Magistrate, seeking one or more reliefs outlined in the Protection of Women from Domestic Violence Act, 2005. The application must adhere to the prescribed details as specified by the Act. The Magistrate will schedule a hearing within three days of receiving the application and must aim to resolve all applications filed under Section 12 of the Act within sixty days from the first hearing. Additionally, the Magistrate is authorized by the Act to issue various orders and provide reliefs to address the domestic violence situation.

When an aggrieved woman is facing domestic violence and seeks legal recourse, the Domestic Violence Act, 2005 provides a clear procedure for approaching the court. Here is a step-by-step guide on how an aggrieved woman can seek legal intervention:

1. Seek Immediate Safety:If the woman is in immediate danger, it is crucial for her to prioritize her safety. She should consider reaching out to the police or helpline numbers specifically designated for domestic violence cases. This step ensures her immediate protection and can involve the removal of the offender from the premises.

2. Gather Evidence: It is advisable for the aggrieved woman to collect any evidence that can substantiate her claims of domestic violence. This evidence can include medical records, photographs of injuries, audio/video recordings, text messages, or any other relevant documents that can support her case.

3. Approach Protection Officer:The aggrieved woman can approach the Protection Officer designated under the Domestic Violence Act. Protection Officers are government officials responsible for assisting victims and facilitating legal proceedings. They can provide guidance, support, and help the woman understand her rights under the law.

4. File a Complaint/Application:The next step involves filing a complaint or an application before the appropriate court. The aggrieved woman can seek assistance from the Protection Officer or consult a lawyer to prepare the necessary documents. The complaint/application should detail the incidents of domestic violence, the relief sought, and any supporting evidence.

5. Court Proceedings: Once the complaint/application is filed, the court will examine the case and issue notices to the parties involved. The court may also provide interim or emergency relief to the aggrieved woman, such as protection orders, residence orders, or monetary relief. The woman should ensure her presence during court hearings and provide any additional evidence or testimony as required.

6. Legal Representation:It is advisable for the aggrieved woman to engage a lawyer who specializes in domestic violence cases. A lawyer can provide legal advice, represent her in court, and ensure her rights are protected throughout the legal process.

7. Mediation and Counseling:In some instances, the court may suggest mediation or counseling sessions to resolve the issues amicably. If both parties agree to participate, a trained mediator or counselor will facilitate discussions to reach a mutually acceptable solution. However, mediation should not compromise the safety or well-being of the aggrieved woman.

8. Final Hearing and Judgment:After considering all the evidence, testimonies, and arguments presented by both parties, the court will conduct a final hearing. The judge will then deliver a judgment based on the merits of the case. The judgment may include orders for protection, residence, monetary relief, or any other necessary remedies to address the domestic violence.

It is important for the aggrieved woman to have a support system throughout this process, which can include family, friends, support groups, or NGOs specializing in domestic violence cases. Their emotional and practical support can provide strength during the legal proceedings.

By following this procedure, an aggrieved woman can approach the court and seek legal intervention to address domestic violence. The aim is to provide her with the necessary protection, support, and justice, while holding the offender accountable for their actions.

The Domestic Violence Act of 2005 stands as a crucial legal framework in India, providing essential protection and empowerment to women facing domestic violence. By recognizing the multifaceted nature of domestic violence and encompassing various forms of abuse, this act strives to create a safer environment for survivors. Through its provisions, such as protection orders, monetary relief, counseling services, and legal aid, the act aims to address the complexities of domestic violence and ensure justice for victims. Moreover, the act establishes the duties and responsibilities of magistrates and police officers in safeguarding the rights of aggrieved women and enforcing the provisions of the act. By understanding the provisions and procedures outlined in the act, we can collectively work towards combating domestic violence, supporting survivors, and creating a society where every individual is treated with dignity, respect, and equality. It is our shared responsibility to raise awareness, promote gender equality, and foster an environment free from domestic abuse. Together, we can empower women, unmask the hidden tragedies, and create a society that values the sanctity of every home.

Views expressed in the article are the author’s own and do not necessarily represent the editorial stance of Kashmir Observer

• The author is Advocate, Jammu & Kashmir and Ladakh High Court and can be reached at [email protected] 

Feature Image Caption: Photo for representational purpose only

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