Domestic Violence includes any act of harm or abuse to the life, health, and social security of a woman by physical, mental, or economic means in a shared household.

Protecting the rights and dignity

The Domestic Violence Act, 2005, upholds the entire scope of domestic violence cases and provides legislation protecting the rights and dignity of the victim.

The Domestic Violence Act, 2005, is a civil law that provides protection and compensation to the aggrieved.

The Act clarifies that physical trauma does not confine the crimes against women in a marriage, relationship, joint family, or any form of “shared household.”

Section 3 of the Act is critical in defining the scenarios that constitute a domestic violence case against the respondent –

1. Harm, injury, or endangerment of the physical or mental well-being of the aggrieved person by physical, verbal, sexual, emotional, or financial abuse.
2. Harassment or resorting to any form of aggression to pressurize the aggrieved or their relative into fulfilling the illegitimate demand of dowry, property, or any valuable assets.
3. Threatening the aggrieved person or their relative on any reasonable grounds as specified by clause (a) or (b).
4. Direct harm or injury to the physical or mental well-being of the woman.

Any person who believes a reasonable act of domestic violence is underway can file a lawsuit and inform the Protection Officer.

The plaintiff may choose to be anonymous and can provide their insight in complete discretion.

Domestic Violence Act, 2005, elucidates the roles and duties of the judiciary and state machinery, shelter homes, medical facilities, Protection Officers, and the Government.

• Police officers, magistrates, or service providers should inform the aggrieved person regarding their rights under the Domestic Violence Act and the available compensation, custody, and monetary relief upon reporting the crimes. The plaintiff should know about the provisions under the Act and regarding criminal proceedings under Section 498A of IPC if the circumstances deem necessary.
• The aggrieved person may request medical aid or relief by shelter homes. The Protection Officer or service providers may also recommend or take charge of the provisions.
• The Protection Officers work in tandem with Magistrate’s office and compile detailed reports about any domestic violence cases. Their duties require them to maintain data regarding shelter homes and service providers. Besides, they may take charge of providing the victim with legal or medical aid as mandated by law.
• The Central and State governments must take the mantle to publicize all the provisions and legislation under the Act.
• They should train and sensitize officers and state machinery regarding the nuances of the Act.
• They must ensure coordination among Ministries and Departments and periodic review of legislation and health and human resources oriented to domestic violence.

The Domestic Violence Act, 2005 provides detailed clarification on each term and clause included in it.

It also specifies the procedure of commencing and documenting a domestic violence case.

The Act guides the jurisdiction of orders and compensations that may bring the aggrieved person to justice.

For detailed specifications and understanding of the legislation, please fill the form on our website and connect to expert legal counsel.

Indian Laws to Prevent Domestic Violence