Who is Protected under the Domestic Violence Act in India?
The Protection of Women from Domestic Violence Act, 2005 (commonly referred to as the DV Act), was enacted with the aim of providing quick and effective protection to women who are victims of domestic abuse. It recognizes that violence is not just physical—it can also be emotional, sexual, verbal, and economic. But who exactly is protected under this law?
Women as the Primary Beneficiaries
The DV Act is specifically designed to protect women. According to Section 2(a) of the Act, the term “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.
This includes:
Wives: A woman legally married to the respondent is clearly protected under the Act.
Live-in partners: Women in a relationship “in the nature of marriage” (often referred to as live-in relationships) are also covered. Courts have interpreted this to include relationships where a couple lives together for a significant period and shares household responsibilities, much like a married couple.
Mothers, sisters, daughters: The Act covers all women who are or have been in a domestic relationship with the respondent. So, it extends protection to daughters, mothers, sisters, widows, and any other female relative living in a shared household.
Daughters-in-law: A major section of complaints under the DV Act come from women who are ill-treated in their matrimonial homes, particularly by their husbands or in-laws.
What Is a “Domestic Relationship”?
A domestic relationship under the Act 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 (blood relation),
Marriage,
Adoption, or
A relationship in the nature of marriage (like a live-in partner).
This definition ensures that the Act can apply even after a woman has left the shared household due to abuse or has been driven out.
Who Can Be a Respondent?
Only an adult male can be made the primary respondent in a complaint under the Act. However, the 2016 Supreme Court ruling in Hiral P. Harsora vs. Kusum Narottamdas Harsora removed the words “adult male” from the definition of respondent, thereby allowing women (such as mothers-in-law or sisters-in-law) to also be named as respondents in appropriate cases.
This judgment widened the scope of the Act, ensuring that women can seek protection from any person, male or female, within the household who may be abusing them.
Children and Minors
While the Act primarily protects women, children are also indirectly protected. If a child is a victim of domestic violence or is affected by it, the court can pass protection orders in the child’s favour. Additionally, a mother can seek custody of her children through the DV Act if she believes their welfare is at stake.
In conclusion, the Domestic Violence Act is a progressive law that seeks to shield women from abuse within the home, in all its forms. Whether married or not, related by blood or through a relationship, women in a domestic setting have the right to live in safety and dignity. If you or someone you know is facing abuse, this law offers a legal remedy and protection that can be accessed swiftly through the Magistrate’s court.