Author: Niharika Rusia
College: Balaji Law College, Pune
To the Point
Violence is one of the most serious kinds of violence against women. Domestic violence often happens inside the home, a place where a person is supposed to feel safe and protected. Domestic violence can involve harm. Domestic violence can also involve abuse, emotional or verbal abuse, economic abuse, threats, harassment, and taking away basic necessities.
In India, the main law dealing specifically with violence is the Protection of Women from Domestic Violence Act, 2005 (PWDVA). The PWDVA was enacted to give protection to women who face domestic violence. The PWDVA also gives women civil remedies and protections.
The PWDVA uses a definition of domestic violence. Section 3 of the PWDVA lists sexual, verbal, emotional, and economic abuse. The PWDVA also covers harassment that comes from demands for dowry or property.
The law therefore recognises that domestic violence is not about physical assault. A woman may suffer harm from humiliation, threats, taking away financial resources, denying basic necessities or from sexual abuse.
The legal framework seeks not only to punish the wrongdoer. The legal framework also seeks to protect the victim, secure the victim’s residence to give the victim help, and to compensate the victim for injuries and losses.
Use of Legal Jargon
• Domestic Violence: Conduct causing physical, sexual, verbal, emotional or economic abuse to an aggrieved woman in a domestic relationship.
• Aggrieved Person: A woman who is, or has been, in a domestic relationship with the respondent and alleges that she has been subjected to domestic violence.
• Domestic Relationship: A relationship between persons who live or have lived together in a shared household and are connected through marriage, relationship in the nature of marriage, adoption, or family relationships.
• Shared Household: A household where the woman lives or has lived in a domestic relationship, irrespective of whether she has ownership rights in the property.
• Protection Order: An order issued by a Magistrate restraining the respondent from committing or assisting in domestic violence.
• Residence Order: An order protecting the woman’s right to reside in the shared household or providing appropriate alternative accommodation.
• Monetary Relief: Financial compensation or assistance ordered by the Magistrate for expenses, losses, maintenance or other consequences resulting from domestic violence.
• Custody Order: An order relating to the temporary custody of a child.
• Compensation Order: An order directing the respondent to compensate the aggrieved woman for injuries, including mental torture and emotional distress.
• Protection Officer: An officer appointed by the State Government to assist victims and facilitate proceedings under the Act.
• Prima Facie: A fact or circumstance which appears sufficient at first sight to establish a claim unless disproved.
• Vicarious Liability: Liability imposed on one person for the acts of another in circumstances recognised by law.
The Proof
The Protection of Women from Domestic Violence Act 2005 provides a legal way to protect women from abuse at home. The Act started working on 26 October 2006.
1. Wide definition of domestic violence
Section 3 is the basis of the Act. It includes types of abuse:
• Physical abuse
• Sexual abuse
• Verbal and emotional abuse
• Economic abuse
• Harassment because of demands for dowry or property
• Threatening behaviour
Economic abuse is very important because domestic violence can happen even if there is no physical attack. Stopping a woman from getting money or things needed for the house or property can also be violence.
2. Right to live in a shared home
Section 17 gives every woman in a relationship the right to live in the home even if she does not own the property or benefit from it.
The person who is responsible cannot just kick her out. Stop her from being in the home unless it is allowed by the law.
This rule is important because being financially dependent. The fear of being homeless can stop victims from leaving abusive relationships.
3. Protection orders
Under Section 18, a Magistrate can give a protection order when domestic violence has happened or might happen.
The order can stop the person from committing domestic violence, from talking to the woman, from going to her job or school, or from touching certain things and property.
4. Residence orders
Section 19 lets the Magistrate give protection about living in a home. This can include stopping the person from being removed from the home, stopping the person from going into parts of the house, or telling the person to find a different place to live when needed.
5. Monetary relief
Domestic violence may result in medical expenses, loss of earnings, damage to property and other financial consequences.
The Act therefore allows the Magistrate to grant monetary relief to address losses and expenses suffered by the aggrieved woman.
6. Custody and compensation
The Act also has rules for care of children and money for injuries, including mental pain and emotional suffering.
These ways of helping show that the law is not about physical harm. It sees the mental and financial effects of domestic violence.
7. Quick and emergency help
Section 23 lets the Magistrate give quick orders. When needed, one-sided orders. This is important because waiting for court actions can hurt the woman more.
8. Breaking the protection order
A protection order is not advice. Section 31 has a punishment for breaking a protection order, making it a crime to go against such an order.
Abstract
Domestic violence is a violation of human dignity, personal liberty, and the right to live a life free from violence and abuse. For many years, domestic abuse was often treated as a private family matter rather than a serious legal and social issue.
The enactment of the Protection of Women from Domestic Violence Act, 2005 marked an important development in Indian law. The legislation adopted a wider understanding of domestic violence and created remedies that go beyond traditional criminal punishment.
The Act recognises physical, sexual, verbal, emotional and economic abuse. It also protects the woman’s right to reside in a shared household and enables courts to provide protection orders, residence orders, monetary relief, custody orders and compensation.
The constitutional foundation of protection against domestic violence can be linked to Article 14, which guarantees equality before the law; Article 15, which prohibits discrimination on grounds including sex; and Article 21, which protects life and personal liberty.
However, legislation alone cannot eliminate domestic violence. Effective implementation requires awareness, accessible legal aid, sensitive policing, functioning Protection Officers, speedy judicial proceedings and social support for survivors.
The objective of domestic violence law should therefore be understood not simply as punishment, but as protection, prevention, rehabilitation and restoration of dignity.
Case Laws
Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165
The Supreme Court struck down the words “adult male” from Section 2(q) of the Domestic Violence Act. The Court held that a respondent need not be only an adult male person, and female relatives may also fall within the scope of the Act.
Significance: Expanded the protective scope of the Act.
Satish Chander Ahuja v. Sneha Ahuja (2020) 10 SCC 737
The Supreme Court interpreted “shared household” broadly and held that a woman’s right of residence does not depend solely on ownership of the property.
Significance: Strengthened the woman’s right of residence.
Kunapareddy @ Nookala Shanka Balaji v. Kunapareddy Swarna Kumari (2016) 11 SCC 774
The Supreme Court emphasised the procedural flexibility of proceedings under the Domestic Violence Act and supported a practical approach to grant effective relief.
Significance: Promoted a victim-oriented process.
V.D. Bhanot v. Savita Bhanot (2012) 18 SCC 636
The Supreme Court held that past conduct preceding the Act may still be relevant where the domestic relationship continued after the Act came into force.
Significance: Gave the Act a broader protective reach.
Indra Sarma v. V.K.V. Sarma (2013) 15 SCC 755
The Supreme Court explained the meaning of “relationship in the nature of marriage” and identified the circumstances in which such relationships may or may not be protected under the Act.
Significance: Clarified the scope of protected domestic relationships.
Conclusion
Domestic violence is not merely a private dispute between family members. It is a serious violation of dignity, equality, security and personal liberty.
The Protection of Women from Domestic Violence Act, 2005 represents an important step towards addressing this problem. Its greatest strength lies in its broad understanding of violence. The law recognises that abuse can be physical, sexual, emotional, verbal or economic.
The Act also provides several practical remedies, including protection orders, residence orders, monetary relief, custody orders, compensation and interim protection.
However, the effectiveness of any legislation ultimately depends upon its implementation. Victims may still face social stigma, financial dependence, lack of awareness, fear of retaliation and delays in accessing justice.
Therefore, stronger implementation, legal awareness, accessible legal aid and sensitive treatment by police and courts are essential.
Ultimately, the purpose of domestic violence law is not simply to punish an offender. Its larger objective is to ensure that every woman can live with dignity, equality, security and freedom from violence within her own home.
FAQ’s
Q1. What is domestic violence under Indian law?
Domestic violence includes physical, sexual, verbal, emotional and economic abuse, as well as certain forms of harassment connected with unlawful demands for dowry or property.
Q2. Which is the main law dealing with domestic violence in India?
The principal legislation is the Protection of Women from Domestic Violence Act, 2005.
Q3. Does domestic violence only mean physical assault?
No. The Act expressly recognises sexual, verbal, emotional,and economic abuse in addition to physical abuse.
Q4. Can a woman claim a right to live in her matrimonial or shared household?
Yes. Section 17 recognises a woman’s right to reside in the shared household, subject to the provisions of the Act and orders of the competent court.
Q5. What remedies are available to a victim?
Depending upon the circumstances, the Magistrate may grant protection orders, residence orders, monetary relief, custody orders, compensation and interim or ex parte orders.
Q6. Can a woman seek protection even if she does not own the house?
Yes. Ownership of the property is not, by itself, a prerequisite for the statutory right to reside in a shared household. Section 17 specifically recognises the right of residence.
Q7. What happens if a person violates a protection order?
Breach of a protection order is separately punishable under Section 31 of the Act.
Q8. Why is the Domestic Violence Act important?
It provides a comprehensive protective framework that addresses not only physical violence but also emotional, sexual, verbal and economic abuse and provides multiple forms of relief to affected women.
