Answer By law4u team
In domestic violence cases, courts have broad powers to issue protection and punitive orders against the abuser to ensure the survivor’s safety. While the Protection of Women from Domestic Violence Act (PWDVA) does not explicitly mention suspension of driving licenses, courts may recommend or direct relevant authorities to take such measures under traffic laws or criminal law provisions, especially if the abuser’s driving poses a risk to the survivor.
Court’s Authority Regarding Driving License Suspension
PWDVA and Driving License
PWDVA primarily focuses on protection orders, maintenance, residence, and monetary relief, but it empowers courts to pass any order necessary for the survivor’s protection.
Use of Other Laws
- The Motor Vehicles Act, 1988 governs issuance and suspension of driving licenses.
- Courts can coordinate with traffic police or transport authorities to suspend licenses in cases where driving endangers the victim.
Criminal Proceedings and License Suspension
If the abuser commits offences such as rash driving, driving under influence, or causing harm, courts can order license suspension as part of punishment.
Protective Measures
As part of a protection order, courts may suggest restricting the abuser’s movement or access, which can include driving restrictions.
Procedure to Suspend Driving License
- File a police complaint reporting dangerous or threatening behavior involving driving.
- Courts may pass interim orders directing suspension pending investigation.
- Transport authorities act on court orders to suspend or revoke the license.
Consumer/Victim Safety Tips
- Inform police and Protection Officers about any threats involving driving.
- Keep records of incidents involving the abuser’s vehicle or reckless driving.
- Use legal aid to request the court for protective orders that include driving restrictions.
- Avoid confrontation near vehicles or roads where the abuser drives.
Example
An abuser repeatedly threatens the survivor by chasing her vehicle dangerously.
Steps Taken:
- Survivor reports the behavior to police and Protection Officer.
- The court issues a protection order restricting the abuser’s movement and recommends license suspension.
- Transport authorities suspend the abuser’s driving license temporarily.
- The survivor’s safety is ensured with reduced risk from the abuser’s vehicle.
