Protection of Women from Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) marked a watershed moment in India’s legal response to domestic violence. It filled a crucial lacuna by offering civil remedies—distinct from the criminal provisions under the IPC—for women suffering abuse within domestic settings. This law, though civil in nature, incorporates punitive enforcement mechanisms and recognizes the complex nature of domestic violence which transcends physical abuse, extending to emotional, verbal, economic, and sexual dimensions.
Legislative Objective and Scope
The preamble of the PWDVA sets the tone by asserting its aim to protect the rights of women guaranteed under the Constitution, particularly Article 14 (Equality before Law), Article 15 (Prohibition of Discrimination) and Article 21 (Right to Life and Dignity). The Act is a manifestation of India’s commitment to CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) and was enacted following pressure from civil society and women’s rights activists.[1]
The Act is notable for being gender-specific, recognizing only women as aggrieved persons and men as respondents. It is applicable to all women irrespective of their marital status and covers relationships “in the nature of marriage,” thereby acknowledging live-in relationships.[2]
Key Provisions of the Act
The PWDVA, 2005 provides a comprehensive definition of domestic violence under Section 3, which includes:
- Physical abuse: Acts causing bodily pain or injury;
- Sexual abuse: Conduct of a sexual nature that degrades, humiliates, or violates dignity;
- Verbal and emotional abuse: Insults, ridicule, humiliation, name-calling, accusations;
- Economic abuse: Deprivation of financial resources, disposal of assets, prohibition of employment.
The Act provides for several remedies and rights for aggrieved women[3]:
- Protection Orders (Section 18) to prevent the respondent from committing or aiding domestic violence;
- Residence Orders (Section 19) to ensure the woman’s right to reside in the shared household;
- Monetary Relief (Section 20) for loss of earnings, medical expenses, or maintenance;
- Custody Orders (Section 21) regarding the custody of children;
- Compensation Orders (Section 22) for physical and mental injury.
The aggrieved woman can approach either the Magistrate directly or seek help through Protection Officers, NGOs, service providers, or even the police. The proceedings are meant to be summary in nature for swift justice (Section 12).
[1]Bhatia, Manjeet. “Domestic violence in India: Cases under the protection of women from domestic violence act, 2005.” South Asia Research 32.2 (2012): 103-122.
[2]Agnes, Flavia, and A. U. D. R. E. Y. D’MELLO. “Protection of women from domestic violence.” Economic and Political weekly (2015): 76-84.
[3]Jan, Avrida. “Violence against women with special reference to domestic violence Act, 2005.” International Journal of Trend in Scientific Research and Development 3.3 (2019): 1398-1401.