From where can I get Domestic Violence Act 2005 UPSC Notes?

Domestic Violence Act identifies domestic violence as a human rights breach. This act applies to all women, irrespective of their married status, age, or spiritual beliefs, and acknowledges a woman’s right to reside in a violence-free home. We have compiled facts about Domestic Violence Act 2005 UPSC topic, its salient features, provisions, and more in a single PDF attached below. Download: Domestic Violence Act 2005 UPSC Notes

What matters were covered in the Domestic Violence Act 2005?

The Domestic Violence Act 2005 includes abuse, whether physical, sexual, verbal, emotional, or economic, or the threat of abuse. This definition also includes harassment by way of unlawful dowry demands to the woman or her relatives.

Which IPC is used for domestic violence?

The Indian legal system has formed Section 498A of the Indian Penal Code according to the Criminal Law (Second Amendment) Act, 1983 (46 of 1983), especially for dealing with domestic violence. Difference Between Civil Law and Criminal Law Defamation Law in India

How many chapters are there in Domestic Violence Act 2005?

The Protection of Women from Domestic Violence Act contains five chapters and 37 sections . The Act provides civil remedies to the sufferers of domestic violence and has brought about essential modifications in the Indian legislature.

When did the Domestic Violence Act 2005 came into force?

The Protection of Women from Domestic Violence Act was passed in 2005 and came into force in 2006. It was enacted to develop awareness among individuals about domestic violence. The act’s role is to serve justice in a timely, cost-effective, and suitable manner to the discontented person.

Which section of the Domestic Violence Act 2005 deals with proceedings to be held in camera?

Section 16 section of the Domestic Violence Act 2005 deals with proceedings to be held on camera. Section 16 of the Protection of Women from Domestic Violence Act states that- “If the Magistrate considers that the circumstances of the case so warrant, and if either party to the proceedings so desires, he may conduct the proceedings under this Act in camera.” Juvenile Justice Act Child Labour Act

Which kind of abuse is covered under the Domestic Violence Act 2005?

The phrase domestic violence is frequently used when there is a close cohabitating connection between the criminal and the victim. Four types of abuses are covered under the Domestic Violence Act 2005 , namely: Physical Abuse; Sexual Abuse; Verbal or Emotional Abuse; Economic Abuse.

What are the salient features of the Domestic Violence Act 2005?

The salient features of the Domestic Violence Act 2005 are: 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. Judgments within 60 days of the filing of the case. Recognizes woman’s assistance with legal procedures and other forms of support. Domestic Violence Act 2005 allows for the appointment of Protection Officers and recognizes the role of Service Providers. Provides temporary custody of the child. Multiple Judgements in a single case. Ensures Right to Residence under section 17.

Home/
IAS/
Article

Protection of Women from Domestic Violence Act 2005 – Salient Features, Provisions

Q: What is Domestic Violence Act 2005?

The Protection of Women from Domestic Violence Act 2005 plays a critical role in the Indian legal system vis-a-vis protecting the rights of women. 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. Important Acts in India Child Marriage Restraint Act

Q: Who appoints the protection officers according to the Domestic Violence Act 2005?

Protection Officers according to the Domestic Violence Act 2005 are appointed by the State Governments. Protection Officers 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.

By BYJU'S Exam Prep

Updated on: November 14th, 2023

Protection of Women from Domestic Violence Act, 2005 was enacted by the Parliament to protect the rights of women who are victims of violence of any type occurring in the family. The Domestic Violence Act ensures a woman’s right to reside in her matrimonial home. The Act covers all women who may be mothers, sisters, wives, widows, or partners living in a shared household. The court can also administer security orders that stop the abuser to victimize a woman by actions at her workplace.

The Domestic Violence Act 2005 provides women the right to secure housing. The Protection of Women from Domestic Violence Act 2005 was one of the landmark enactments and a breakthrough in women’s rights in India. The article here covers all the salient features and provisions of the Domestic Violence Act, along with brief discussions on the role of Protection Officers and Service Providers.

Table of content

1. Protection of Women from Domestic Violence
2. Domestic Violence Act 2005
3. Types of Domestic Violence
4. Salient Features of Domestic Violence Act 2005
5. Role of Protection Officers and Service Providers
6. Provisions of Domestic Violence Act 2005: Role of Government
7. Remedies Under Protection of Women from Domestic Violence
8. Domestic Violence Act: Way Forward
9. Domestic Violence Act 2005 UPSC

Protection of Women from Domestic Violence

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.

Domestic Violence Act 2005

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. In India, domestic violence is controlled by the Protection of Women from Domestic Violence Act, 2005 and it is described under Section 3.

The dowry is allegedly one of the most efficacious factors responsible for the brutality and ill-treatment of a bride in her marital home. Currently, when a woman is subject to cruelty by her husband or his relatives, it is an offense u/s. 498-A of IPC. The act gives civil restorative for the enforcement of rights of a woman e.g. Right to home, Maintenance, Guardianship, security, and concession.

Types of Domestic Violence

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 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. The Salient features of the Domestic Violence Act 2005 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.

byjusexamprep

Role of 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 Domestic Violence Act 2005: Role of Government

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

The provisions of 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 Protection of Women from Domestic Violence

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. There are many salient features and provisions related to the Domestic Violence Act 2005 which has relevance from an exam point of view. The topic of the Domestic Violence Act is covered under the Polity section of the IAS syllabus, and one must read Polity Books for UPSC to have a more profound understanding of the topic.

Candidates should also keep themselves up-to-date with the latest developments in the Domestic Violence Act 2005 with Current Affairs and should not miss practicing Domestic Violence Act 2005 UPSC questions regularly.

Domestic Violence Act 2005 MCQs

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: Section 9 of The Domestic violence act 2005

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: 26 October 2006

Question: Which one of the following statements is not true of the Protection of women from Domestic Violence Act, 2005? (1) The Act includes not just wives but also women in marriage-like relationships, (2) This Act provides civil remedies to protect a woman subjected to domestic violence, (3) Relief may be sought only against the husband or a male live-in partner with whom the woman has lived in a domestic relationship, (4) Only women can make a complaint under this legislation.
Answer: Relief may be sought only against the husband or a male live-in partner with whom the woman has lived in a domestic relationship.

Mains 2020 Question: Domestic abuse is one among many other social challenges posed by the conditions created by the pandemic. Discuss.

UPSC Notes
Babur Mughal Empire	Ajanta Ellora Caves
Discretionary Powers of Governor	Non Tax Revenue
Rigveda	Pallava Art and Architecture
Economic Growth and Development	New Economic Policy 1991
High Court	Doctrine of Pith and Substance
Startup India Scheme	Genetic Engineering