Hey! The Law IQ welcomes all Law students and Legal researchers in our Law Education School. Today, The Law IQ comes with new article in the field of Criminal Law and Family Law. In this article, The Law IQ discusses all legal fundamentals of the ‘LAW OF DOMESTIC VIOLENCE’. In this article covers the aspect of the Protection of Women from Domestic Violence. This covers Important provision of Protection of Women from Domestic Violence.
The following topics are covered in today’s article:
Introduction
⇓
Chapter and section
⇓
Important Section and their Subject
⇓
Important Provision under this act
⇓
Definition
⇓
Protection Officer
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Service Provider
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Complaint
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Order Passed By Magistered
Protection of Women from Domestic Violence
INTRODUCTION
➢ The Protection of Women from Domestic Violence Act was enacted in 2005 but it came into force on 26 Oct. 2006.
➢ This act has 5 chapters & 37 sections.
CHAPTERS AND THEIR SECTIONS
| Chapter | Subjects | Section Cover |
| Chapter 1 | Preliminary | Sections → 1, 2 |
| Chapter 2 | Domestic Violence | Section → 3 |
| Chapter 3 | Service Providers & Protection Officers | Sections → 4 to 11 |
| Chapter 4 | Procedure For Obtaining Relief | Sections → 12 to 29 |
| Chapter 5 | Miscellaneous | Sections → 30 to 37 |
IMPORTANT SECTION AND THEIR SUBJECTS
| Important Sections and their Subject |
|
1. Section → 3 ⇒ Domestic Violence 2. Section → 5 ⇒ Service Duties of Magistrate, Service Providers etc. 3. Section → 6 ⇒ Duties of shelter home 4. Section → 7 ⇒ Duties of medical facilities 5. Section → 8,9 ⇒ Protection Officer 6. Section → 10 ⇒ Service Provider 7. Section → 12 ⇒ Application of Magistrate 8. Section → 17 ⇒ Right to Residence 9. Section → 18 ⇒ Protection order 10. Section → 19 ⇒ Residence order 11. Section → 20 ⇒ Monetary relief 12. Section → 21 ⇒ Custody order 13. Section → 22 ⇒ Compensation order 14. Section → 29 ⇒ Appeal 15. Section → 31 ⇒ Penalty for breach of protection order |
Important Provisions under “Protection of Women from Domestic Violence Act, 2005″
IMPORTANT DEFINITIONS
Aggrieved Women : Sec. – 2
➢ It means any women in domestic relationship with the respondent and who alleged to being subject matter of violence by the respondent.
➢ Under this law women can demand protection. But, respondent may be male female or minor.
Domestic Relationship Sec. – 2
➢ It means more then one person living together in a shared household.
➢ They may have relation of marriage blood joint family or any other relation.
i.e. adoption, live – in relationships, brother, sister etc.
Domestic Violence Sec. – 3
➢ The following are included in domestic violence.
➢ Causing bodily harm to the women, mental abuse, economical abuse, harming her health or body ports limbs causing threat to her life. Harassing, threatening for unlawful and in appropriate demand.
Physical abuse :-
➢ causing injury, pain or damaging body parks.
Sexual Abuse :
➢ To make sexual relation without her consent.
➢ Humiliating sexual behaviour, unnatural sex.
Economical Abuse :
➢ Depriving the women from resources & facilities which other family members are enjoying due to status or custom of her family.
Verbal Abuse :
➢ It means insulting or name calling for not having child male child or not bringing dowry.
➢ Discharging assets of women are also part of economic abuse.
Protection officer: Sec – 8, 9
State govt. shall appoint one or more protection officer in a state.
Protection officer share assist the magistrate in his duties.
Aggrieved women may contact the protection officer.
He shall help the women in registration the complaint.He shall provide the women shalter, medical and legal aid and also informs her about her right.
Protection officer prepare Domestic Incidence Report (DIR).
Service Provider (Sec. 10)
➢ NGO’s registered under cooperative society Act or not for profit companies may get themselves registered under this act as service provider.
➢ Service provider also perform duties similar to protection officers.
Complaint:
- Women may register the case herself or through the other person.
- Other person having knowledge about the violence may also registers the complaint.
- The magistrate shall organise first hearing in 3 days.
- Generally the case must be included in 60 days.
- Court may order to counsel the expert at any time during the hearing.
- The proceeding may be recorded.
The magistrate may pass the following orders –
1. Protection Order :
a. No act of violence shall be committed in future.
b. The accused may be prohibited from meeting the women.
c. The accused may be prohibited from visiting the workplace or education place.
d. He may prohibited from sale of assets using bank account or locker.
e. He shall not threaten the women or her relatives.
2. Residence Order (Sec – 18)
a. Living in shares household is right or the women. She shall not be derrived of this right.
b. Accused or his family may be prohibited from visiting that part of house where the women is residing.
c. Accused or his family may be asked to vacate the house.
d. The women may avail rental house or same standard whose sent may be recovered from accused.
3. Custody Order (Sec – 21)
a. On request of women custody of children may be granted to women.
b. If the accused is like to impact mental condition of the children then he may be prohibited from meeting them.
4. Monetary Relief (Sec – 20)
a. Court may order that the rent, treatment expenses, living expenses, medical expenses of the women & children shall be paid by the accused.
5. Compensation Order (Sec – 22)
a. The court may grant compensation to the women for financial loss, loss of income or against mental or emotional abuse.
6. Penalty :
a. If the respondent breech protection order then penalty upto Rs. 20,000 or imprisonment for 1 year may be implemented or imposed on him.
b. If protection officer fails to perform his duties then the above penalty may be imposed on him