Domestic Violence Act, 2005

What Domestic Violence is

Domestic violence in India includes any form of violence suffered by a person from a biological relative, but typically is the violence suffered by a woman by male members of her family or relatives. The Domestic Violence Act of 2005 of India legally defines domestic violence and the prosecution guidelines of those cases that are reported to the police.                                                               

@: Are minors entitled to reliefs under this law?

Yes, as the term 'child' is defined under the law, minors will also be within the ambit of the definition of 'domestic relationship'. Section 2 (b) of the PWDVA defines child as 'any person below the age of eighteen years and includes any adopted, step or foster child'.

@: Can a minor male apply for reliefs under this law?

The mother can make an application on behalf of her minor child (whether male or female). In cases where the mother makes an application to the court for herself, the children can also be added as co-applicants for a relief under the PWDVA. The court can also, whenever appropriate, appoint a guardian or next of friend to represent the child.

@: Who can a woman complain against?

A woman can file a complaint against any adult male perpetrator [Section 2 (q)] of an Act of violence. In cases where the woman is married, or lives in a relationship that is in the ture of marriage, she can also file a complaint against the male or female relatives of the husband/ male partner who have perpetrated the violence.

@: Who fall within the definition of 'relatives' under section 2 (q)?

Examples of relatives would be the father, mother, sister, uncle; brother of the respondent who may be included in the word 'relative' in Section 2(q).

@: Can a complaint be filed by a wife against the husband's female relatives?

Yes, orders can be passed against the female relatives of the husband. However, relief of dispossession against a female relative cannot be granted according to the proviso to Section 19(1) which states that no order under Section 19(1) (b) directing the respondent to remove himself from the shared household can be passed against any person who is a woman.

The aggrieved woman may obtain a protection order against the female relatives of the husband or the male partners.

@: Can a mother-in-law file an application for reliefs against the daughter in law?

No, a mother-in-law cannot file an application against her daughter-in-law (Section 2 (q)). However, in cases where a mother-in-law is facing violence at the hands of her son and daughter-in-law she can file an application against her son and daughter-in-law as abetting the acts of violence perpetrated by the son. She, however, cannot ask for removal of the daughter-in-law from the shared household.

@: What is a 'Domestic Incident Report' (DIR)?

The format of a DIR is provided in Form I of the PWDVR. It is to be used for recording complaints of domestic violence brought by an aggrieved woman to the Protection Officer or the Service Provider. It is a record of the fact that an incident (s) of violence has been reported, in that it is similar to an NCR (report of a non-cognizable offence). It has to be signed by the Protection Officer or registered Service Provider who fills it in. It is a public document.

@: How is a DIR to be recorded?

A DIR is meant to be a faithful record of what the woman says. This means that all complaints must be recorded in a non-biased manner as long as the act complained of falls within the purview of the PWDVA.

@: Can an aggrieved woman file an application without a DIR?

Yes, an aggrieved woman can file an application for reliefs without filing a DIR.