THE ACT TO PROTECT WOMEN FROM DOMESTIC
VIOLENCE COMES INTO EFFECT FROM TODAY
PIB Release Oct.26, 2006
The Protection of Women from Domestic Violence Act 2005 has come into effect from today. Ministry of Women and Child Development has issued notification for enactment of the Act and laying down the rules framed for the implementation of the Act.
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Primarily meant to provide protection to the wife or female live-in partner from violence at the hands of the husband or male live-in partner or his relatives, the law also extends its protection to women who are sisters, widows or mothers. Domestic violence under the act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.
Protection of Women from Domestic Violence Act, 2005. 
PROTECTING WOMEN FROM DOMESTIC VIOLENCE
Perpetrators of domestic violence against women beware! The Protection of Women from Domestic Violence Act 2005 has come into force.
Primarily meant to provide protection to the wife or female live-in partner from violence at the hands of the husband or male live-in partner or his relatives, the Act extends its protection to women who are sisters, widows or mothers. Domestic violence under the Act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.
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Ministry of Women and Child Development had issued a notification to bring it into force from 26th October, 2006. The Act was passed by the Parliament in August last year and assented to by the president on 13th September, 2005. But implementation was pending as detailed consultations will required with the State and other agencies for framing the rules.The Ministry has simultaneously issued another notification laying down the rules framed for the implementation of the Act. These rules provide for, among other things, appointment of protection officers, service providers and counselors. Action to be taken in the event of the respondent breaching the protection order passed by the Magistrate in favour of the aggrieved woman is also prescribed in these rules. Both the notifications are now available on the Ministry’s website www.wcd.nic.in .
The Act will go a long way to provide relief to the women from domestic violence and get their due. The Ministry has requested all State Governments and Union Territories to ensure that the necessary administrative arrangements are immediately put in place for the commencement of the Act.
The salient features of the Protection from Domestic Violence Act, 2005 are as follows:
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The Act seeks to cover those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption; in addition relationship with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to get legal protection under the proposed Act.
‘Domestic violence’ includes actual abuse or the threat of abuse that is physical, sexual, verbal, emotional and economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.
Right to Secure Housing
One of the most important features of the Act is the woman’s right to secure housing. The Act provides for the woman’s right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household. This right is secured by a residence order, which is passed by a court. These residence orders cannot be passed against anyone who is a woman.
Preventive Order
The other relief envisaged under the Act is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance from the domestic violence.
The Act provides for appointment of Protection Officers and NGOs to provide assistance to the woman w.r.t medical examination, legal aid, safe shelter, etc.
Non-bailable Offence
The Act provides for breach of protection order or interim protection order by the respondent as a cognizable and non-bailable offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both. Similarly, non-compliance or discharge of duties by the Protection Officer is also sought to be made an offence under the Act with similar punishment.
Covering Legal Loophole
Presently, where a woman is subjected to cruelty by her husband or his relatives, it is an offence under section 498A of the Indian Penal Code. The civil law does not, however, address this phenomenon in its entirety. Therefore, it was necessary to enact a law, keeping in view the rights guaranteed under articles 14, 15 and 21 of the Constitution to provide for a remedy under the civil law, which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. The new Act is an important step in that direction. (PIB Features)
