The Domestic Violence Act: Relief, Protection, and the Law
Domestic violence has been a long-standing malaise of Indian society, lurking behind closed doors. In a patriarchal society such as India, gender roles assigned men positions of domination and women the role of subordination. This power imbalance has seen abuse in domestic space become the norm over time. Domestic violence is not visible; it is not merely physical harm. It is also emotional manipulation, economic deprivation, verbal abuse, and sexual coercion. In acknowledgment of this truth, the Indian legislature passed the Protection of Women from Domestic Violence Act, 2005 (PWDVA)—a civil law to protect, rather than punish.
The PWDVA was a significant measure to tackle domestic abuse holistically. In contrast to traditional criminal law remedies, this Act provides direct relief and protection for women without necessitating a long criminal trial. It addresses a broad spectrum of abuses: physical abuse (acts of bodily harm), emotional and verbal abuse (name-calling, humiliation, insults), sexual abuse (forced sexual acts, degrading treatment), and economic abuse (managing access to money or resources, or withholding basic necessities such as food, medicine, or shelter).
One of the virtues of the PWDVA is its sweep of protection. The legislation extends to wives, female live-in partners, and female relatives like mothers, sisters, or daughters who share a domestic relationship with the respondent. The Act importantly enshrines a woman’s right to continue living in the common household even if she holds no legal title or ownership to the property.
For the safety and well-being of battered women, the Act offers various forms of legal reliefs in the courts. Through Section 18, a woman may apply for a Protection Order, which prohibits the respondent from doing or assisting any other act of domestic violence. Section 19 offers a Residence Order, which protects her right to remain in the shared home or orders alternative accommodation. Under Section 20, Monetary Relief can be granted by the court to pay for medical expenses, loss of income, and maintenance of both the woman and the children. In the case of children, the court can issue a Custody Order under Section 21, awarding temporary custody to the aggrieved woman with consideration of the child’s welfare. Also, Section 22 authorizes the court to grant Compensation for physical or mental harm caused. Interim and Ex Parte Orders can also be issued by courts under Section 23 if immediate protection is needed and there is an immediate threat to the safety of the victim.
The protection mechanism is supplemented by Protection Officers who are government-appointed and help in making applications and facilitating the victim gaining access to necessary support services. NGOs and service providers also help in providing shelter, counseling, and legal aid.
Over the years, Indian courts have interpreted and broadened the scope of this law. In Hiral P. Harsora v. Kusum Narottamdas Harsora (2016), the Supreme Court struck down the clause that limited the respondents to only adult males and extended the right to complain to female relatives too. But in S.R. Batra v. Taruna Batra (2007), the Court decided that a woman does not possess an automatic right to live in a property jointly owned by the in-laws, unless it is a joint household.
If you or someone close to you is a victim of domestic violence, you are not alone and the law is there to protect you. You can go to a Protection Officer, a local non-governmental organisation, or a Magistrate’s court and make an application under the Act. Legal protection exists, and it is meant to be speedy, accessible, and sensitive to women in distress.
The Domestic Violence Act is not just a piece of legislation—it is a protection for people who have had to live in silence for so long, and a step towards justice, dignity, and empowerment.