Domestic Violence Act 2005 UPSC: Salient Features and Provisions of Protection of Women from Domestic Violence Act

Protection of Women from Domestic Violence Act 2005

The Domestic Violence Act 2005 was enacted to provide more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.

Domestic Violence, as defined under the DV Act, includes causing any harm or injury to the safety, life, health, or well-being of the aggrieved woman by committing any physical, sexual, verbal or economic abuse. Moreover, it includes any injury or harm done to the aggrieved woman or her relative to coerce her or any person to meet unlawful dowry demand. Threats to commit violence are also covered under this definition. The Domestic Violence Act 2005 gives the legal definition of “Domestic Violence” under Section 3. It applies to all women, irrespective of their marital status, age, or religious beliefs.

The Protection of Women from Domestic Violence Act 2005 recognizes domestic violence as a human rights violation and divides abuse into four major categories:

• Physical Abuse- includes hurt of any kind.
• Sexual Abuse- such as the conduct of a sexual nature, abusing, humiliating, degrading, or otherwise violative of one’s dignity.
• Verbal or Emotional Abuse- such as Accusation/aspersion on character or conduct.
• Economic Abuse- such as not providing money for maintaining a woman or her children

Salient Features of the Domestic Violence Act 2005

The Domestic Violence Act 2005 includes civil and criminal provisions and allows aggrieved women to get immediate civil remedies within 60 days.

☛ Know the Difference Between IPC and CrPC

The Salient features of the Domestic Violence Act include:

• Judgments within 60 days of the filing of the case.
• Recognizes woman’s assistance with legal procedures and other forms of support.
• The Act allows for the appointment of Protection Officers and recognizes the role of Service Providers.
• Recognizes verbal and emotional violence.
• Provides for economic relief by recognizing economic violence.
• Both petitioner and respondent can prefer an Appeal.
• Domestic Violence Act 2005 includes provisions for making Domestic Incident Reports.
• Provides temporary custody of the child.
• Multiple Judgements in a single case.
• Ensures Right to Residence under sec 17.

Who are Protection Officers and Service Providers?

The government appoints Protection Officers to assist the wronged woman in initiating a complaint against her husband or against any other male adult who has engaged in domestic violence or is romantically involved with the petitioner. Protection Officers work with the police where necessary to carry out the Court’s directives.

Service Providers, on the other hand, are the notified NGOs’ members. They coordinate with all parties to ensure domestic violence victims receive justice and assistance. The Service Providers offer lodging for the short-stay residences and assist the harmed ladies in submitting the Domestic Incident Report. Additionally, they provide them with vocational training to aid in finding jobs and a stable income.

Provisions of the Domestic Violence Act 2005: Role of Government

The Central Government and every State Government shall take all measures to ensure that:

• The provisions of the Domestic Violence Act 2005 are given wide publicity through public media including television, radio, and print media at regular intervals;
• The Central Government and State Government officers including the police officers and the members of the judicial services are given periodic sensitization and awareness training on the issues addressed by the Protection of Women from Domestic Violence Act 2005;
• Effective coordination between the services provided by concerned Ministries and Departments dealing with law, home affairs including law and order, health, and human resources to address issues of domestic violence is established and a periodical review of the same is conducted;
• Protocols for the various Ministries concerned with delivering services to women under the Domestic Violence Act 2005, including the courts, are prepared and put in place.

An aggrieved woman or on her behalf, a Protection Officer or service provider can request that a person in charge of a shelter home or a medical facility provide shelter or medical aid to her.

Remedies Under the Protection of Women from Domestic Violence Act

The following remedies are available under the Protection of Women from Domestic Violence Act 2005:

• Under Section 18: Protection Order
• Under Section 19: Residence Order for residing at Matrimonial House
• Under Section 20: Monetary Orders which includes maintenance for herself and her Children
• Under Section 21: Temporary Custody of Children
• Under Section 22: Compensation order for the damages caused to her

Domestic Violence Act: Way Forward

The Protection of Women from Domestic Violence Act 2005 has incorporated essential steps to safeguard women from domestic violence, but it fails to provide any remedies for the male members of the family. The Domestic Violence Act 2005 also fails to recognize the cohabiting and marital relationship between the members of the LGBTQ+ community. Government must look into these aspects of domestic violence also, and come up with a more robust Domestic Violence Act.

Domestic Violence Act 2005 UPSC

The Domestic Violence Act 2005 or the DV Act was a landmark and a major breakthrough in women’s rights in India. The topic is very important in both the UPSC Prelims and UPSC Mains of the IAS Exam. The topic of the Domestic Violence Act is covered under the Polity section of the UPSC Syllabus, and one must cover the Polity Books for UPSC to read about the topic.

Protection of Women from Domestic Violence Act 2005 UPSC Questions

Candidates should also keep themselves abreast with the latest developments in the Domestic Violence Act 2005 with Current Affairs.

Question: Which section of the Protection of Women from Domestic Violence Act 2005 deals with the Duties and functions of Protection Officers?

1. Section 12 of The Domestic violence act 2005
2. Section 9 of The Domestic violence act 2005
3. Section 14 of The Domestic violence act 2005
4. Section 20 of The Domestic violence act 2005

Answer: Option B

Question: When did The Domestic Violence Act 2005, come into force?

1. 01 April 2005
2. 11 March 2006
3. 21 May 2005
4. 26 October 2006

Answer: Option D