1.
DOMESTIC
VIOLENCE

2.
INTRODUCTION
It is customary everywhere to classify the human community
on the basis of sex into groups of men and women. This
biological differences has created contrast in the aims,
aspirations, duties, dressing style, behavior patterns and
status of men and women.
In a patriarchal society like India this differences
create inequality and the impact is upon the women folk.
A women in India is always referred as caretakers of home.
They are expected to cook good food, keep home perfectly
clean, take proper care of other family members, obey the
orders of elders etc. If these women are found deviating
from their so called ideal duties ,they are punished and
ridiculed.
The home which should be the safer place for a
woman has become a place where she faces a regime of
terror and violence at the hand of somebody close to her. To
prevent domestic violence and to provide justice to the
victims laws are formed .
1

3.
.
THE
PROTECTION
OF WOMEN
FROM
DOMESTIC
VIOLENCE
ACT 2005
2

4.
INTRODUCTION OF DOMESTIC VIOLENCE ACT IN
INDIA
A
Adoption of sections 498A and 304B of the Indian Penal
Code. The enactment of 498A made cruelty towards wives
a non-bailable criminal offence punishable with up to
five years in prison.
On 8 March 2002, eight years after the draft of the domestic
violence bill was submitted by the Lawyer’s Collective, the
NDA ruling government introduced a separate bill in the Lok
Sabha called the ‘Protection for Domestic Violence Bill, 2001’.
Later on after years of delay the protection of women
from domestic violence act was passed in 2005 by the
parliament of India . This act brought into force by Indian
Government on 26 October 2006.
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5.
THE PROTECTION OF WOMEN FROM DOMESTIC
VIOLENCE ACT ,2005
OBJECTIVES
An Act to provide for 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.
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6.
DEFINITIONS
In this Act ,unless otherwise requires,-
AGGRIEVED PERSON
Means any woman who is, or
has been, in a domestic
relationship with the respondent
and who alleges to have been
subjected to any act of domestic
violence by the respondent.
CHILD
Means any person below the
age of eighteen years and
includes any adopted, step or
foster child.
Z
Z
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7.
DOMESTIC INCIDENT
REPORT
Means a report made in the
prescribed form on receipt of a
complaint of domestic violence
from an aggrieved person;
DOMESTIC
RELATIONSHIP
Means a relationship between two
persons who live or have, at any
point of time, lived together in a
shared household, when they are
related by consanguinity, marriage,
or through a relationship in the
nature of marriage, adoption or
are family members living together
as a joint family;
Z
Z
6

8.
DOWRY
Z
Means any property or valuable
security given or agreed to be given
either directly or indirectly: (a)By
one party to a marriage to the other
party to the marriage; or (b)by the
parents of either party to a
marriage or by any other person, to
either party to the marriage or to
any other person; at or before or
any time after the marriage in
connection with the marriage of
said parties but does not include
dower or mahr in the case of
persons to whom the Muslim
Personal Law (Shariat) applies.
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9.
MAGISTRATE
Means the Judicial Magistrate of the
first class, or as the case may be, the
Metropolitan Magistrate, exercising
jurisdiction under the Code of Criminal
Procedure, 1973(2 of 1974) in the area
where the aggrieved person resides
temporarily or otherwise or the
respondent resides or the domestic
violence is alleged to have taken place.
Z
MEDICAL FACILITY
Means such facility as may be
notified by the State Government to
be a medical facility for the
purposes of this Act.
Z
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10.
PROTECTION OFFICER
Z
Means an officer appointed by the
State Government, by notification,
appoint such number of Protection
Officers in each district as it may
consider necessary and shall also
notify the area or areas within which
a Protection Officer shall exercise the
powers and perform the duties
conferred on him by or under this Act.
The Protection Officers shall as far as
possible be women and shall possess
such qualifications and experience as
may be prescribed.
The terms and conditions of service of
the Protection Officer and the other
officers subordinate to him shall be
such as may be prescribed.
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11.
RESPONDENT
Z
Means any adult male person
who is, or has been, in a
domestic relationship with the
aggrieved person and against
whom the aggrieved person has
sought any relief under this Act:
Provided that an aggrieved wife
or female living in a relationship
in the nature of a marriage may
also file a complaint against a
relative of the husband or the
male partner;
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12.
SERVICE PROVIDER
Means any voluntary association
registered under the Societies
Registration Act, 1860 or a
company registered under the
Companies Act, 1956 ) or any other
law for the time being in force with
the objective of protecting the
rights and interests of women by
any lawful means including
providing of legal aid, medical,
financial or other assistance shall
register itself with the State
Government as a service provider
for the purposes of this Act.
Z
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13.
SHARED
HOUSEHOLD
Means a household where the person
aggrieved lives or at any stage has
lived in a domestic relationship either
singly or along with the respondent
and includes such a house hold
whether owned or tenanted either
jointly by the aggrieved person and
the respondent, or owned or tenanted
by either of them in respect of which
either the aggrieved person or the
respondent or both jointly or singly
have any right, title, interest or equity
and includes such a household which
may belong to the joint family of
which the respondent is a member,
irrespective of whether the
respondent or the aggrieved person
has any right, title or interest in the
shared household.
Z
12

14.
SHELTER HOME
Z
Means any shelter home as may be
notified by the State Government to
be as helter home for the purposes
of this Act.
.
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15.
DOMESTIC VIOLENCE - DEFINITION
For the purposes of this Act, any act, omission or
commission or conduct of the respondent shall constitute
domestic violence in case it—
(a) 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
(b) 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
(c) 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
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16.
(d) otherwise injures or causes harm, whether physical or
mental, to the aggrieved person.
EXPLANATION - I
For the purposes of this section,-
PHYSICAL ABUSE
1
Physical abuse means any act
or conduct which is of such a
nature as to cause bodily pain,
harm, or danger to life, limb, or
health or impair the health or
development of the aggrieved
person and includes assault,
criminal intimidation and
criminal force.
Z
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17.
SEXUAL ABUSE
2
Z
Sexual abuse includes any
conduct of a sexual nature that
abuses, humiliates, degrades or
otherwise violates the dignity of
woman.
VERBAL AND
EMOTIONAL ABUSE
3
Z
This includes :(a) insults, ridicule,
humiliation, name calling and
insults or ridicule specially with
regard to not having a child or a
male child; and (b) repeated
threats to cause physical pain to
any person in whom the
aggrieved person is interested.
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18.
ECONOMIC
ABUSE
Economic abuse includes-
(a)deprivation of all or any economic or financial
resources to which the aggrieved person is
entitled under any law or custom whether
payable under an order of a court or otherwise
or which the aggrieved person requires out of
necessity including, but not limited 5 to, house
hold necessities for the aggrieved person and her
children, if any, stridhan, property, jointly or
separately owned by the aggrieved person,
payment of rental related to the shared house
hold and maintenance
(b) disposal of household effects, any alienation of assets whether
movable or immovable, valuables, shares, securities, bonds and the
like or other property in which the aggrieved person has an interest
or is entitled to use by virtue of the domestic relationship or which
may be reasonably required by the aggrieved person or her
children or her stridhan or any other property jointly or separately
held by the aggrieved person; and
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4

19.
(c) prohibition or restriction to continued access to
resources or facilities which the aggrieved person is
entitled to use or enjoy by virtue of the domestic
relationship including access to the shared household.
EXPLANATION – II
For the purpose of determining whether any act,
omission, commission or conduct of the respondent
constitutes “domestic violence” under this section, the
overall facts and circumstances of the case shall be
taken into consideration.
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20.
SALIENT FEATURES OF THE ACT
It 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 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.
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21.
The term 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 relatives
would also be covered under this definition.
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22.
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.
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 domestic violence.
21

23.
The Act provides for appointment
of Protection Officers and NGOs to
provide assistance to the woman
with regard to medical
examination, legal aid, safe shelter,
etc.
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 imprisonment for a term
which may extend to one year or
with fine which may extend to 20,000
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.
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24.
POWERS AND DUTIES
POLICE OFFICER,
PROTECTION OFFICER
OR MAGISTRATE
After receiving a complaint of domestic
violence or is otherwise present at the
place of an incident of domestic violence
or when the incident of domestic
violence is reported to him, shall inform
the aggrieved person about their rights
and service provided under this act.
PROTECTION
OFFICER
• To assist the Magistrate in the discharge
of his functions under this Act
• To make a domestic incident report to
the Magistrate
• To ensure that the aggrieved receives
reliefs under the act.
• To ensure that the aggrieved person is
provided legal aid and shelter home
• To get the aggrieved person medically
examined
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25.
GOVERNMENT
•Provisions of act are to be publicized
•Provide awareness training to govt.
officials on the act.
•Periodic review of coordination among
departments providing services on the
act.
•Protocols for various ministries
concerned with act are prepared and put
in place.
SERVICE
PROVIDER
• Record domestic violence report.
• Get the aggrieved person medically
examined and forward a copy of the
medical repot to the Protection Officer
and the police station.
•ensure that the aggrieved person is
provided shelter in a shelter home
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26.
PROCEDURE FOR OBTAINING ORDERS OF RELIEF
File an application in the court of Judicial Magistrate of
first class or metropolitan magistrate within the local
limits of the area where the aggrieved person reside
while being victimized to seek one or more reliefs
under this act.
As per procedure, on receipt of such an application,
Magistrate is to fix the first date of hearing. Such a date
shall not ordinarily be beyond 3 days from the date of
receipt of application.
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27.
The Protection Officer entrusted with the notice is to
make report about service of notice.
The Magistrate is to make endeavor for disposal of such
an application within 60 days from the date of its first
hearing.
Notice of date of hearing is to be given to the
Protection Officer. Protection Officer is to get the
notice served, on the respondent-opposite party, in
the prescribed manner. Magistrate may order service
of the notice on any other person. Such order of
service is to be passed within a maximum period of 2
days or such further reasonable time
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28.
RELIEF AND ORDERS UNDER THE ACT
1. PROTECTION ORDER
2. RESIDENCE ORDER
3. MONETARY RELIEF
Order issued by Magistrate to protect the victim
from any act of domestic violence
An order is passed by Magistrate to protect the right
to reside for the victim.
Magistrate orders the respondent to pay
monetary relief to meet the expenses incurred
and losses suffered by the aggrieved person and
any child of the aggrieved person as a result of
the domestic violence .
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29.
4. CUSTODY ORDERS
5. COMPENSATION ORDER
6. INTERIM AND EX- PARTE ORDER
This Act grant temporary custody of any child or
children to the aggrieved person or the person
making an application on her behalf and specify, if
necessary, the arrangements for visit of such child or
children by the respondent.
Magistrate orders the respondent to pay
compensation and damages for the injuries,
including mental torture and emotional distress,
caused by the acts of domestic violence committed
by that respondent.
Magistrate may pass such interim and ex-parte
order as he deems just and proper.
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30.
CASES OF DOMESTIC VIOLENCE
D. Veluswamy vs. D. Patchaiammal
In this Supreme Court verdict, a wider meaning to an
“aggrieved person” under section 2(a) of the domestic
violence act was conferred by the Supreme Court, wherein
the Court enumerated five ingredients of a Live in
relationship as follows:
1.Both the parties must behave as husband and wife and
are recognized as husband and wife in front of society
2.They must be of a valid legal age of marriage
3.They should qualify to enter into marriage eg. None of
the partner should have a spouse living at the time of
entering into relationship.
4.They must have voluntarily cohabited for a significant
period of time
5.They must have lived together in a shared household
1
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31.
Status of a Keep- The Court in the case further stated that if
a man has a ‘keep’ whom he maintains financially and uses
mainly for sexual purpose and/or a servant it would not be
a relationship in the nature of marriage.
In this case, the Court also referred to the
term palimony which means grant of maintenance to a
woman who has lived for a substantial period of time with a
man without marrying and is then deserted by him.
Sandhya Wankhede vs. Manoj Bhimrao Wankhede
In this case the Supreme Court put to rest the issue of
exempting a female from being a respondent, by holding
that the proviso to Section 2(q) does not exclude female
relatives of the husband or male partner from the ambit of
a complaint that can be made under the provisions of
the Domestic violence Act. Therefore, complaints are not just
maintainable against the adult male person but also the
female relative of such adult male.
2
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32.
S.R. Batra vs. Smt. Taruna Batra
3
In this case, the Supreme Court with stated that the
definition of shared household under Section 2(s) of
Domestic violence act is not very happily worded, and
appears to be the result of clumsy drafting requires to be
interpreted in a sensible manner.
The Court held that under Section 17(1) of this
act, wife is only entitled to claim a right to residence in a
shared household, and a ‘shared household’ would only
mean the house belonging to or taken on rent by the
husband, or the house which belongs to the joint family of
which the husband is a member.
In the case, the property in question neither
belonged to the husband nor was it taken on rent by him
nor was it a joint family property of which the
husband was a member. It was the exclusive property of
mother of husband and not a shared household.
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33.
THE INDIAN SCENARIO
According to the National Family and Health Survey-4 data
pertaining to domestic violence in India is as follows:
Thirty-three percent of ever-married women
have experienced physical, sexual, or
emotional spousal violence
30%
14%
The most common type of spousal violence
is physical violence (30%), followed by
emotional violence (14%)
Among ever-married women age 15 – 49
years who have experienced physical
violence, 83 % report their current husbands as
perpetrators of the violence and 7 % report
former husbands as perpetrators”
83%
7%
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34.
Of all women in India who have ever
experienced any type of physical or sexual
violence, only 14 % have sought help to stop
the violence and 77 % have never sought
help nor told anyone about the violence
they experienced.
14%
77%
Among the women who
reached out for support, the
“most common source” of
help was the woman’s
family (65%), followed by the
husband’s family (29 %), a
friend (15 %), the police (3 %),
a religious leader (2 %) or a
doctor, lawyer or social
service organization (1 %).
0
10
20
30
40
50
60
70
The National Commission of Women (NCW) reported a
rise in complaints of domestic violence cases in India
during the COVID-19 pandemic.
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35.
STRATEGIES TO COPE DOMESTIC
VIOLENCE
Can be classified broadly into two :
METHODS TO PREVENT ERADICATE VIOLENCE
1
SOCIAL REMEDIES
Neighborhood vigilance to prevent violence
Proper socialization
Creating new socio-economic options (employment
opportunities and skill training) for women who are
likely to face violence .
Education for woman and their equal representation
in state
Democratization of family to allow woman to be
equal partners in decision making and practicing
gender equality
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36.
AWARENESS PROGRAMME
Media campaigns to publicize the
provisions of the act .
Women empowerment programs
to make them aware of the rights
and enabling them to access
information about the various
government welfare schemes.
RESEARCH AND DOCUMENTATION
Researching on the nature, causes
and effect of domestic violence.
Understanding of the use and
limitations of the legal system
and suggesting reform policies.
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37.
ROLE OF GOVERNMENT
Government should ensure
proper enforcement of
existing laws related to
women’s rights.
Women should be made
aware of women’s
commission and offices of
women’s commission should
be opened at the district and
lower levels.
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38.
REACTIVE MEASURES
2
COUNSELLING
Counselling is to be provided for the
victim to come up from the trauma of
domestic violence and to get
emotional support.
The offender must undergo counselling
if he is having some psychological
disorder.
WELFARE ORGANISATIONS SERVICES
NGOs and other welfare organizations
provide emotional, material and legal
services to the survivors to enable her to
rebuild her life.
Women helpline numbers are available
with 24 hrs service.
Shelter homes and women’s shelters are
available for victims and their children
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39.
FAMILY AND NEIGHBOURHOOD SUPPORT
The support and acceptance from
women’s family is necessary
Raising community/ neighborhood
opinion against domestic violence
and in support of victim.
EDUCATION AND EMPLOYEMENT
Victims who are uneducated must
be given education and qualified
enough to get employment.
Women’s collectives like self help
groups, neighborhood group’s of
women etc. can be support for
victims.
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40.
ROLE OF POLICE
Police should be trained to be
respectful and courteous to women
in distress
A separate wing of police may be
opened for dealing with women’s
issues .
JUDICIARY
There should be special court with a
woman judge and magistrate in each
district to handle domestic violence
cases.
Mobile courts should be introduced
as an effective strategy to provide
justice to the victims of domestic
violence.
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41.
INITIATIVES AGAINST DOMESTIC
VIOLENCE
was a program issued in India for
public interest by National
Commission for Women to prevent
violence against women.
SAY NO TO DOMESTIC VIOLENCE
OCTOBER IS DOMESTIC VIOLENCE AWARENESS MONTH
This was first declared in 1989 to
acknowledge domestic violence survivors
and be a voice for its victims. During this
time purple ribbon is worn to create
awareness against domestic violence.
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42.
CONCLUSION
Even though the protection of women from domestic
violence act came into existence, still many victims are not
getting justice. This may due to the lack of coordination in
the criminal justice system or the women’s unawareness of
their rights . It is necessary to find the reason behind the
inefficiency in implementation of the Act.
To conclude , it can be stated that Domestic violence
is a big social problem today and serious efforts should be
made to end this. The violence can be stopped by both the
victim as well as the perpetrator. The women hast to gather
courage to say no to it and walk out if necessary. But the
power of stopping the violence is on source- the man who
carries it out.
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43.
BIBLIOGRAPHY
1. Violence Against Women – by Ram Ahuja
2. On the Fringes of Human Rights Discourse :
Violence against Women in Intimate Relationships –
by Veena Poonacha
3. The Protection of Women from Domestic Violence
Act, 2005 - www.indiacode.nic.in
4. Important Judgments on Domestic Violence Act -
www. Vakilno1.com
5. Domestic Violence slide share - www.slideshare.net
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44.
Name: Anjana S Kumar
Class: 1st year M.A/ M.Sc in
applied Criminology and
police studies
Roll no.: 2
SUBMITTED BY:
SUBMITTED TO:
Dr. Mithilesh Narayan Bhatt
sir