The Protection of Women from Domestic Violence Act, 2005
The
Protection of Women from Domestic Violence Act, 2005 is a comprehensive
legislation that aims to protect women from domestic violence and abuse in
India.
Here are
some key provisions of the Act:
Definition
of Domestic Violence: The Act defines domestic violence as any act, omission or
commission that harms or injures or has the potential to harm or injure the
aggrieved person (i.e., the woman) with whom the respondent (i.e., the
perpetrator) is in a domestic relationship. The Act provides an inclusive
definition of domestic violence, which covers physical, sexual, verbal,
emotional and economic abuse.
Protection
Officers: The Act provides for the appointment of Protection Officers who are
responsible for assisting the aggrieved person in filing a complaint and
getting protection from domestic violence. The Protection Officer can also make
an application to the Magistrate on behalf of the aggrieved person.
Protection
Orders: The Act provides for various types of protection orders, such as a
Protection Order, a Residence Order, a Monetary Relief Order, a Custody Order
and a Compensation Order. These orders aim to provide immediate and long-term
protection and relief to the aggrieved person.
Emergency
Medical Care: The Act provides for emergency medical care to be provided to the
aggrieved person in case of injuries caused by domestic violence. Counseling:
The Act provides for counseling services to be provided to the aggrieved person
and the respondent, with the aim of preventing further acts of domestic
violence.
Right to
Residence: The Act provides for the right of the aggrieved person to reside in
the shared household, irrespective of whether she has any right, title or
interest in the shared household or not. The respondent is prohibited from
evicting or excluding the aggrieved person from the shared household.
Penalty for
Breach of Protection Order: The Act provides for a penalty of imprisonment
and/or a fine to be imposed on the respondent in case of breach of any
protection order issued under the Act.
The Protection of Women from Domestic Violence
Act, 2005, aims to protect women from domestic violence and abuse and to
provide them with immediate and long-term relief and support. The Act seeks to
empower women and create a safe and secure environment for them to live in.
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