Protection of Women From Domestic Violence , By Ishita Jaiswal

The Protection of Women from Domestic Violence Act of 2005 is a law enacted by India’s Parliament to protect women from domestic violence. On October 26, 2006, the Indian government and the Ministry of Women and Child Development implemented it.

Over time, the meaning of violence has grown to include not just physical kinds of violence, but also emotional, mental, financial, and other forms of cruelty. As a result, the phrase “domestic violence” refers to any act that harms or threatens the victim’s health, safety, life, limb, or well-being (mental or physical), or has the potential to harm or threaten the victim’s health, safety, life, limb, or well-being (mental or physical) , individual who is or was in a domestic connection with the victim is or was capable of committing physical, sexual, verbal, emotional, or financial abuse.

Prior to the passage of the Protection of Women from Domestic Violence Act, 2005 (“DV Act”), the victim could only go to court under Section 498-A of the Penal Code, 1860, which provides for a ‘husband or relative of the husband of a woman subjecting her to cruelty,’ and only a limited set of offences dealing with cruelty to married women. All other cases of domestic violence within the home had to be treated with under the IPC offences that the different acts of violence represented, regardless of the victim’s gender. All other cases of domestic violence within the home had to be treated with under the IPC offences that the different acts of violence represented, regardless of the victim’s gender.

The 2005 Domestic Violence Prevention Act was enacted to protect women from domestic violence.

The Protection of Women from Domestic Abuse Act, 2005 was enacted to safeguard women from incidents of domestic violence by reducing the burdensome position of law, whether procedural or substantive. The Supreme Court of India emphasised the legislative intent in the case of Indra Sarma v. V.K.V Sarma, (2013) 15 SCC 755, where it was stated that the DV Act was enacted to provide a civil law remedy for the protection of women who are victims of such relationships and to prevent the occurrence of domestic violence in society. Other laws, such as the Criminal Procedure Code, the Indian Penal Code, and the International Criminal Code, where relief has been offered to women in vulnerable situations were also discussed.

The Act’s goal is to “provide for more effective protection of the rights of women provided by the Constitution who are victims of domestic violence of any sort, and for matters connected with or incidental thereto.” In Vandhana v. T. Srikanth, 2007 SCC Online Mad 553, the Madras High Court noted that the DV Act was enacted to implement Recommendation No. 12 of the United Nations Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1989, which India ratified in June of 1993.

Domestic violence is a broad phrase that encompasses not only physical assault but also emotional, mental, sexual, financial, and other forms of cruelty that can occur inside a family.

Conclusion

Although the basic goal of the law, which is to protect women from domestic abuse, has been achieved, certain aspects of the law still need to be developed. Domestic violence victims have access to civil remedies under this provision. Prior to the passage of this law, a woman’s only choice for civil remedies including divorce, child custody, injunctions, and maintenance was to go to the civil courts. As a result, the DV Act has undoubtedly brought about the essential and desired systemic reform

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