PROTECTING WOMEN FROM DOMESTIC VIOLENCE

Primarily meant to provide protection to the wife or female live-in partner from violence at the hands of the husband or male live-in partner or his relatives, the Act extends its protection to women who are sisters, widows or mothers. Domestic violence under the Act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.Ministry of Women and Child Development had issued a notification to bring it into force from 26th October, 2006. The Act was passed by the Parliament in August last year and assented to by the president on 13th September, 2005. But implementation was pending as detailed consultations will required with the State and other agencies for framing the rules.The Ministry has simultaneously issued another notification laying down the rules framed for the implementation of the Act. These rules provide for, among other things, appointment of protection officers, service providers and counselors. Action to be taken in the event of the respondent breaching the protection order passed by the Magistrate in favour of the aggrieved woman is also prescribed in these rules. Both the notifications are now available on the Ministry’s website www.wcd.nic.in .
The Act will go a long way to provide relief to the women from domestic violence and get their due. The Ministry has requested all State Governments and Union Territories to ensure that the necessary administrative arrangements are immediately put in place for the commencement of the Act.
The salient features of the Protection from Domestic Violence Act, 2005 are as follows:The Act seeks to cover those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption; in addition relationship with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to get legal protection under the proposed Act.
‘Domestic violence’ includes actual abuse or the threat of abuse that is physical, sexual, verbal, emotional and economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.