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PWDVA

INTRODUCTION

The Protection of Women from Domestic Violence Act (PWDVA) is an Indian legislation enacted in 2005 to provide legal protection to women who are victims of domestic violence. It defines domestic violence broadly to include physical, emotional, sexual, verbal, and economic abuse, as well as harassment and deprivation of women’s rights within the home. The PWDVA establishes a system of protection officers to ensure the safety of victims and their children, and specialized Domestic Violence Courts to hear cases related to domestic violence.

The act provides for various reliefs, such as protection orders, residence orders, monetary reliefs, and custody orders, to address the needs of survivors. Overall, the PWDVA is aimed at preventing, protecting, and providing redressal for domestic violence against women in India.

As per Section 3 of THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

  1. Definition of domestic violence.—For the purposes of this Act, any act, omission or
    commission or conduct of the respondent shall constitute domestic violence in case it—
    1. harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
    2. harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
    3. has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
    4. otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

HOW TO INVOKE?

  1. Step 1: Informing the Protection Officer: Any person who has reason to believe that an act of domestic violence has taken place or is likely to take place can inform the Protection Officer. (Section 5)
  2. Step 2: Informing the aggrieved woman of her rights: A police officer, Protection Officer, Service Provider, or Magistrate who has received a complaint shall inform the aggrieved woman of her rights under the law, including her right to make an application for obtaining relief by way of protection order, an order for monetary relief, a custody order, a residence order, a compensation order; the availability of services of the Protection Officers, Service Providers, including shelter homes, medical facilities, etc.; her right to free legal services under the Legal Services Authorities Act 1987; and her right to file a complaint under section 498 A of the Indian Penal Code. (Section 6)
  3. Step 3: Making the Domestic Incident Report and other responsibilities of the Protection Officer: The Protection Officer makes a Domestic Incident Report to the Magistrate and forwards copies thereof to the Police Officer in charge.The Protection Officer ensures that the aggrieved person gets all the benefits mentioned and maintains a list of all Service Providers to ensure the aggrieved person has access to counselling, shelter homes, and medical facilities where required. (Section 9)
  4. Step 4: Once the matter is with the Magistrate: The Magistrate shall fix the first date of the hearing, which shall not ordinarily be beyond three days from the receipt of the application by the Court, and shall endeavor to dispose of every application within a period of 60 days from the date of the first hearing. (Section 10)
  5. Step 5: Informing the respondent of the date of hearing: A notice of the date
    of hearing shall be given by the Magistrate to the Protection Officer who shall serve it on the respondent and on any other person as directed by the Magistrate within a maximum period of two days.
  6. Step 6: Other options with the Magistrate: The Magistrate may direct either of the parties, singly or jointly, to undergo counselling; seek the assistance of a person, preferably a woman, engaged in the promotion of family welfare, for assisting him/her in discharging his/her functions; or conduct the proceedings in camera. (Section 12)
  7. Step 7: Where does she stay in the meantime? The aggrieved person has the right to reside in a shared household, whether or not she has any right, title or beneficial interest in the house and shall not be evicted. (Section 17)
  8. Step 8: How is she protected in the interim? The Magistrate, after giving both parties an opportunity of being heard, and satisfied that domestic violence has taken place, can pass a protection order or a residence order, direct the respondent to pay the aggrieved person monetary relief and in addition, can pass compensation orders, custody orders, and ex-parte orders. The Magistrate shall ensure that a copy of any such order shall be given free-of-cost to the parties. (Sections 18, 19, 20, 21)
  9. Step 9: What if the protection order is breached? If the protection order has been breached, it shall be punished with either imprisonment or fine or both. (Section 31)

KEY OBJECTS AND REASONS

The objects and reasons behind the enactment of The Protection of Women From Domestic Violence Act, 2005:

  1. Addressing Gender-Based Violence: The Act was enacted to address the pervasive issue of domestic violence against women in India. It recognizes that domestic violence is a form of gender-based violence that disproportionately affects women and seeks to provide them with legal protection and remedies.
  2. Protecting Women’s Rights: The Act aims to protect the rights of women who are victims of domestic violence and ensure their safety, security, and well-being. It recognizes the right of women to live a life free from violence and abuse in their own homes.
  3. Providing Comprehensive: Legal Framework: The Act provides a comprehensive legal framework to address various forms of domestic violence, including physical, emotional, sexual, verbal, and economic abuse. It recognizes that domestic violence is not limited to physical violence, but also includes other forms of abuse that women may face within their households.
  4. Empowering Women: The Act seeks to empower women by providing them with access to legal remedies and support services. It recognizes the need for a victim-centric approach and provides for the appointment of Protection Officers who are responsible for assisting the aggrieved women in seeking relief and accessing support services.
  5. Ensuring Effective Remedies: The Act provides for a wide range of reliefs and remedies, including protection orders, residence orders, monetary relief, custody orders, compensation orders, and more, to address the needs of aggrieved women comprehensively. It aims to provide effective and meaningful remedies to victims of domestic violence.
  6. Promoting Prevention and Redressal: The Act recognizes the importance of prevention and redressal of domestic violence and provides for measures such as counselling, assistance of welfare experts, and conducting proceedings in camera to protect the interests of the aggrieved women.
  7. Promoting Gender Sensitization and Awareness: The Act emphasizes the need for sensitization and awareness among various stakeholders, including police officers, judicial officers, and the general public, to address the issue of domestic violence effectively. It mandates the central and state governments to undertake measures for widespread publicity and sensitization about the Act.
  8. Complying with International Obligations: The Act was enacted to fulfil India’s obligations under various international conventions and agreements, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which recognizes the rights of women to live a life free from violence and abuse.

KEY ELEMENTS/ESSENTIALS

  1. Service Providers: The Act mandates the appointment of Protection Officers who are responsible for assisting the aggrieved woman in seeking relief and accessing support services. It also recognizes the role of service providers, such as shelter homes and counselling centres, in providing necessary support to victims of domestic violence.
  2. Counselling and Assistance: The Act emphasizes the need for counselling and assistance to both the aggrieved woman and the abuser. It provides for counselling services to help the woman deal with the emotional and psychological impact of domestic violence and also mandates counselling and treatment for the abuser to address the underlying causes of domestic violence.
  3. Penalties for Non-Compliance: The Act provides for penalties for non-compliance with protection orders, residence orders, and other directions issued under the Act. This provision aims to ensure that the orders issued under the Act are enforced effectively and that there are consequences for non-compliance.
  4. Simplified Legal Procedures: The Act aims to provide a simplified and accessible legal procedure for women seeking relief from domestic violence.
    It allows women to file complaints and seek remedies in a civil court, and the proceedings are to be conducted in a summary manner to ensure speedy justice.
  5. Awareness and Sensitization: The Act emphasizes the importance of awareness and sensitization about domestic violence among various stakeholders, including police officers, judicial officers, and the general public. It mandates the central and state governments to undertake measures for widespread publicity and sensitization about the Act.

TYPES IN PWDVA

  1. Physical Violence: This includes any act or conduct that causes bodily harm or endangers the health, safety, or life of the aggrieved woman. It may involve actions such as assault, battery, slapping, punching, kicking, or any other form of physical harm.
  2. Emotional/Verbal Violence: This includes any act or conduct that causes mental agony or emotional distress to the aggrieved woman. It may involve verbal abuse, insults, humiliation, intimidation, threats, or any other behaviour that undermines the mental and emotional well-being of the woman.
  3. Sexual Violence: This includes any act or conduct that involves sexual abuse or exploitation of the aggrieved woman without her consent. It may involve acts such as rape, sexual assault, molestation, marital rape, or any other form of sexual coercion or harassment.
  4. Economic Violence: This includes any act or conduct that causes economic abuse or financial deprivation to the aggrieved woman. It may involve actions such as denying access to financial resources, controlling finances, withholding money, property damage, or any other form of economic exploitation or manipulation.
  5. Stalking: This includes any act or conduct of repeatedly following or contacting the aggrieved woman, despite her clear indication of disinterest or refusal. It may involve persistent unwanted attention, surveillance, or monitoring that causes fear, harassment, or annoyance to the woman.
  6. Cyber Violence: This includes any act or conduct that involves harassment, intimidation, or exploitation of the aggrieved woman using electronic or digital means. It may involve actions such as online stalking, cyberbullying, dissemination of private information, or any other form of online abuse.

PROCEDURE/STAGES

  1. Filing of Complaint: The aggrieved person or any person on her behalf can file a complaint with the Magistrate or the Protection Officer, detailing the domestic violence suffered by the aggrieved person.
  2. Application for Protection Order: The aggrieved person can file an application seeking a protection order. The Magistrate may pass an interim or ex-parte order based on the application.
  3. Application for Residence Order: The aggrieved person can file an application
    seeking a residence order under Section 17 of the PWDVA, which grants her the right to reside in the shared household and may also direct the respondent to remove himself from the shared household.
  4. Application for Monetary Relief: The aggrieved person can file an application
    seeking monetary relief under Section 20 of the PWDVA, which may include compensation for injuries, damages for loss of earnings, medical expenses, and other costs incurred due to domestic violence.
  5. Application for Custody Order: The aggrieved person can file an application seeking custody of her children under Section 21 of the PWDVA, and the Magistrate can pass appropriate orders for custody and visitation rights.
  6. Evidence and Examination: The Magistrate may conduct an inquiry or take evidence from the parties or witnesses to determine the veracity of the allegations and the need for protection, residence, monetary relief, or custody orders.
  7. Mediation and Conciliation: The Magistrate may refer the parties for mediation or conciliation, with the consent of the aggrieved person, to resolve the issues amicably.
  8. Final Orders: After considering the evidence and submissions, the Magistrate
    may pass final orders for protection, residence, monetary relief, custody, and compensation, based on the merits of the case and the provisions of the PWDVA.
  9. Compliance and Enforcement: The respondent is required to comply with the orders passed by the Magistrate, and any violation may result in penalties or further legal consequences. The aggrieved person can seek enforcement of the orders through appropriate legal means.

LIMITATION

In legal language, “limitation” refers to the time within which a legal action must be initiated. Under the PWDVA, there are certain time limitations that may apply. For instance, there is no specific time limitation mentioned in the act for filing complaints before the Magistrate. However, if a person wishes to file an appeal against an order passed by the Magistrate under the PWDVA, they must do so within 30 days from the date of the order as per Section 29 of the act. Additionally, if there is a breach of a protection order, the aggrieved person can file a complaint of breach within one year from the date of the breach as per Section 31 of the act. It’s important to note that time limitations may vary depending on the jurisdiction and specific provisions of the PWDVA in a particular location, and it’s advisable to seek legal advice for accurate and up-to-date information on the time limitations under the PWDVA in a specific context.

ENFORCEMENT

Enforcement of PWDVA involves various stages, including filing a complaint, preparation of a Domestic Incident Report (DIR) by the Protection Officer, service of notice to the respondent and other parties, conducting hearings, and passing orders for protection, residence, monetary relief, custody, compensation, etc.

It’s important to note that the enforcement of PWDVA is a civil remedy, and the act does not provide for the arrest or criminal prosecution of the respondent. However, if the respondent violates any protection order issued by the Magistrate, it can result in criminal consequences, including imprisonment or fine as per Section 31 of the PWDVA.

It’s also worth mentioning that the effectiveness of PWDVA enforcement may vary depending on the implementation and resources available in a particular jurisdiction. It’s crucial for the relevant authorities, such as the police, Protection Officers, and Magistrates, to diligently carry out their responsibilities in accordance with the provisions of the PWDVA to ensure effective enforcement and protection of the rights of aggrieved women.

CONCLUSION

In conclusion, the PWDVA is an important piece of legislation that seeks to protect the rights of women facing domestic violence and provide them with the necessary support and relief. However, continued efforts are required to overcome challenges and ensure effective implementation for the benefit of aggrieved women across India.