PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
The Act ensures a woman‟s right to reside in her matrimonial home. This Act has a special feature with specific provisions under law which provides protection to a woman to „live in violence free home‟. Though this Act has civil and criminal provisions, a woman victim can get immediate civil remedies within 60 days. Aggrieved women can file cases under this Act against any male adult perpetrator who is in domestic relationship with her. They can also include other relatives of the husband and male partner as respondents to seek remedies in their case.
Salient features of the Act:
- Ensures Right to Residence under sec 17.
- Ensures economic relief by recognising economic violence.
- Recognises verbal and emotional violence.
- Provides temporary custody of child.
- Judgements within 60 days of filing of the case.
- Multiple Judgements in a single case.
- Cases can be filed under PWDV Act even if other cases are pending between parties.
- Both petitioner and respondent can prefer Appeal.
THE FOLLOWING REMEDIES ARE AVAILABLE UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
Section 18 -- Protection Order
Section 19 -- Residence Order for residing at Matrimonial House
Section 20 -- Monetary Orders which includes maintenance for herself and her Children
Section 21 -- Temporary Custody of Children
Section 22 -- Compensation order for the damages caused to her
Under the Domestic Violence Act, 2005, Protection Officers have been appointed by the Government to help the aggrieved woman in filing the case against her husband or against any male adult person who has committed domestic violence and who is in domestic relationship with the petitioner. The Protection Officer facilitates the women to approach the court by providing legal aid and get appropriate relief from the courts concerned. Further, they execute the orders of the Court wherever necessary with the help of police. Options are also available to the aggrieved person to file the petition before the Judicial Magistrate Court or with the service provider or in the nearby police station.
Under the Protection of Women from Domestic Violence Act, 2005, service Providers are the members from notified Non Governmental Organizations They co-ordinate with all the stakeholders in getting justice and relief to the victims of domestic violence. The Service Providers help the aggrieved women in filing the Domestic Incident Report, provide accommodation in the short stay homes along with their children, counsel them and help the aggrieved to get medical treatment if necessary. They also impart them with vocational training to help them secure employment and sustainable income.