- 19-Apr-2025
- Healthcare and Medical Malpractice
Domestic violence is a serious crime that affects millions of women globally. In India, domestic violence includes not only physical abuse but also emotional, psychological, and economic abuse within the family. Women have the legal right to seek protection, relief, and justice under various laws, including the Protection of Women from Domestic Violence Act, 2005 (PWDVA).
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is the primary law that empowers women to seek legal action against domestic violence in India.
The law provides protection to women from all forms of domestic violence, including physical, emotional, sexual, and economic abuse by a partner, spouse, or any other member of the family.
A woman facing domestic violence can file a complaint with the police under sections 498A (dowry harassment), 304B (dowry death), or other relevant sections of the Indian Penal Code (IPC).
The police are bound to register the complaint and take action against the perpetrator. If the violence is severe, they can arrest the accused immediately.
The PWDVA allows women to file a domestic violence complaint at the nearest police station or directly with a Magistrate. The complaint should include details of the violence, the person responsible, and the kind of relief sought.
A woman can seek protection orders under the PWDVA, which may include a restraining order that prevents the abuser from coming near her or contacting her.
The court can issue such orders immediately after receiving the complaint, offering temporary relief.
The court can issue a protection order that forbids the abuser from engaging in any form of violence against the woman, including physical, sexual, or emotional abuse.
A woman can seek a residence order that allows her to remain in her shared household and prohibits the abuser from evicting her. If she cannot live in the same house due to safety concerns, the court can direct the abuser to provide her with an alternate accommodation.
Women can seek financial relief under the Domestic Violence Act, which includes:
In cases involving children, the court can issue custody orders, granting the woman custody of her children if the abuser is deemed unfit for custody.
The court can order the abuser to undergo counseling to address issues that may be contributing to the abuse.
If the woman has suffered physical harm, it is important to seek medical treatment and retain medical records as evidence. These can be presented in court to substantiate the claim of domestic violence.
For cases of severe physical violence, a FIR can be filed with the police under relevant sections of the IPC such as Section 323 (causing hurt), Section 324 (voluntarily causing hurt by dangerous weapons), or Section 307 (attempted murder).
If the woman faces severe violence, including rape, attempted murder, or serious assault, criminal charges can be pressed against the abuser under the Indian Penal Code.
The perpetrator can be arrested, and if found guilty, can face imprisonment, fines, and other legal penalties.
Women facing domestic violence are entitled to stay in shelter homes provided by the government or NGOs. These homes offer safety, emotional support, and counseling.
Women can also reach out to various women’s rights organizations for legal aid, emotional support, and counseling.
In Vishaka v. State of Rajasthan (1997), the Supreme Court of India ruled that women have the right to live free from violence, which laid the groundwork for gender-based violence laws.
Domestic violence cases have been consistently upheld by the Indian courts, ensuring that the PWDVA is enforced, and women are provided justice and protection.
If Priya is repeatedly physically abused and emotionally manipulated by her husband, she can file a complaint under the PWDVA seeking a protection order and residence order. If the abuse is severe, she may also file an FIR with the police for physical assault under IPC Section 323. The court may also direct her husband to pay maintenance and compensation for her medical expenses. If she is forced to leave the house for safety reasons, the court can order her husband to provide her with alternative accommodation.
Women facing domestic violence have several legal recourses to ensure their safety and well-being. The Protection of Women from Domestic Violence Act, 2005 provides a robust framework for legal action, offering protection, monetary relief, and custody of children, among other remedies. It is crucial that women are aware of their legal rights and take necessary steps to seek justice and protection when faced with domestic violence.
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