Cheat Sheet: Protection of Women from Domestic Violence Act, 2005

1. Overview and Objectives

1.1 Enactment Details

• Enacted: 13 September 2005
• Commenced: 26 October 2006
• Extends to whole of India except Jammu & Kashmir
• First comprehensive civil law for protection against domestic violence

1.2 Legislative Objectives

• Provide effective protection to women from domestic violence occurring within the family
• Include women in all domestic relationships, not just wives
• Provide civil remedies without need for criminal proceedings
• Implement obligations under CEDAW and other international conventions

2. Key Definitions (Section 2)

3. Domestic Violence - Components (Section 3)

3.1 Physical Abuse

• Any act or conduct causing bodily pain, harm or danger to life, limb or health
• Impairs health or development of aggrieved person

3.2 Sexual Abuse

• Any conduct of sexual nature that abuses, humiliates, degrades or violates dignity

3.3 Verbal and Emotional Abuse

• Insults, ridicule, humiliation, name calling, insults for not having child or male child

3.4 Economic Abuse

• Deprivation of economic or financial resources to which entitled under law or custom
• Disposal of household effects, jewelry, stridhan, property, valuables without consent
• Prohibition or restriction to continue employment or resources required for employment
• Non-payment of monetary support

4. Right to Reside in Shared Household (Section 17)

4.1 Rights Conferred

• Aggrieved person entitled to reside in shared household irrespective of ownership
• Cannot be evicted or excluded except through procedure established by law
• Right to alternate accommodation if required to leave shared household
• Right to sell or alienate shared household if she has legal interest

4.2 Limitations

• Does not confer ownership rights in shared household
• Right to residence does not create any transfer of property
• Aggrieved person cannot alienate or dispose property in which she has no legal interest

5. Protection Officers (Sections 8-9)

5.1 Appointment (Section 8)

• State Government to appoint Protection Officers in each district
• Qualification, experience and training prescribed by rules

5.2 Duties (Section 9)

• Prepare and provide Domestic Incident Report (DIR) to Magistrate
• Make application on behalf of aggrieved person if requested
• Ensure aggrieved person provided legal aid
• Maintain list of service providers and shelters
• Assist in securing relief under Section 18, 19, 20, 21, 22
• Maintain record of all domestic incidents and orders passed

6. Service Providers (Section 10)

6.1 Registration

• Voluntary associations or companies may register with State Government
• Must comply with prescribed rules and regulations

6.2 Functions

• Provide shelter, medical facilities, counselling, legal aid
• Record Domestic Incident Report if requested by aggrieved person
• Maintain register of complaints received
• Provide safe custody of personal effects of aggrieved person

7. Procedure for Obtaining Relief

7.1 Application (Section 12)

• Aggrieved person can file application before Magistrate seeking one or more reliefs
• Can be filed by: aggrieved person herself, Protection Officer, any other person on behalf of aggrieved person with her consent, or service provider
• No fees payable on such application

7.2 Domestic Incident Report (Section 2(d))

• Report prepared by Protection Officer or service provider
• Contains circumstances of domestic violence in prescribed form
• Must be submitted to Magistrate

7.3 Notice and Counselling (Section 13-14)

• Magistrate to fix first hearing within 3 days from date of receipt of application
• Notice to respondent and Protection Officer
• Magistrate may direct parties to undergo counselling if appropriate

8. Orders and Reliefs Available

8.1 Protection Orders (Section 18)

• Prohibit respondent from committing acts of domestic violence
• Prohibit from aiding or abetting commission of domestic violence
• Prohibit from entering place of employment or school of aggrieved person or child
• Prohibit from attempting contact with aggrieved person
• Prohibit from alienating assets or operating bank accounts
• Prohibit violence against dependants, relatives or persons assisting aggrieved person

8.2 Residence Orders (Section 19)

• Restrain respondent from dispossessing or disturbing possession of shared household
• Direct respondent to remove himself from shared household
• Restrain from renouncing rights in shared household (except by will)
• Direct respondent to secure alternative accommodation or pay rent
• Direct respondent to return stridhan or any other property of aggrieved person

8.3 Monetary Relief (Section 20)

• Loss of earnings due to domestic violence
• Medical expenses for injuries caused by domestic violence
• Losses caused by destruction or removal of property
• Maintenance for aggrieved person and her children if any
• Magistrate shall have power to order payment of maintenance under Section 125 CrPC principles

8.4 Custody Orders (Section 21)

• Grant temporary custody of children to aggrieved person
• Specify arrangement for access to children by respondent if required
• Prohibit respondent from visiting school or place of residence of children

8.5 Compensation Orders (Section 22)

• Compensation and damages for injuries including mental torture and emotional distress
• Compensation covers losses suffered by aggrieved person and any child of aggrieved person

8.6 Interim and Ex-Parte Orders (Section 23)

• Magistrate may pass interim order on basis of affidavit of aggrieved person
• Ex-parte order can be passed if necessary considering urgency or circumstances
• Notice to respondent for ex-parte order must be given and opportunity to be heard before next hearing

9. Jurisdiction and Procedure

9.1 Competent Court (Section 27)

• Judicial Magistrate of First Class or Metropolitan Magistrate
• Jurisdiction: where aggrieved person resides or carries on business, where respondent resides or carries on business, where cause of action arises

9.2 Proceedings (Section 28)

• In camera proceedings if requested by aggrieved person or ordered by Magistrate
• Proceedings must be disposed off within 60 days from first hearing date

9.3 Assistance to Aggrieved Person

• Right to legal representation (Section 12)
• Free legal services under Legal Services Authorities Act, 1987
• Assistance of Protection Officer or service provider in filing application

10. Enforcement and Penalties

10.1 Breach of Protection Order (Section 31)

• Punishment: imprisonment up to 1 year OR fine up to Rs. 20,000 OR both
• Cognizable and non-bailable offence

10.2 Breach of Other Orders (Section 31)

• For violation of residence, monetary, custody or compensation orders
• Enforcement through process laid down in Section 125 CrPC
• Recovery as arrears of land revenue if monetary relief not paid

10.3 Penalty for Non-Compliance by Protection Officer (Section 32)

• If Protection Officer fails to discharge duties without reasonable cause
• Punishment: imprisonment up to 1 year OR fine up to Rs. 20,000 OR both

11. Special Features and Provisions

11.1 Wide Scope of Coverage

• Covers women in marriage, live-in relationships, sisters, widows, mothers, daughters
• Not restricted to marital relationships only
• Includes relationships in nature of marriage

11.2 Additional Features

• Reliefs can be sought in addition to orders under Section 125 CrPC or under other laws (Section 26)
• Magistrate may direct respondent to undergo counselling (Section 15)
• Appeal lies to Court of Session (Section 29)
• Period of limitation: No limitation prescribed for filing application

11.3 Medical Facilities (Section 7)

• Medical facility to provide medical aid to aggrieved person free of cost if requested by Protection Officer
• Medical facility to preserve medical records and provide copies

11.4 Shelter Homes (Section 6)

• State Government to establish or provide for shelter homes
• Aggrieved person or children entitled to reside in shelter home subject to rules

12. Relationship with Other Laws

12.1 Non-Derogation (Section 4)

• Provisions not derogate from any other law in force
• Remedies under this Act are in addition to other legal remedies

12.2 Interaction with Criminal Law

• Civil remedy under this Act independent of criminal proceedings
• Same facts can be basis for both civil application under Act and criminal complaint under IPC
• Section 498-A IPC (cruelty) proceedings can run parallel

12.3 Specific Overriding Provision (Section 26)

• Relief under this Act can be sought in addition to Section 125 CrPC maintenance
• Relief under this Act in addition to any protection order or relief under any other law

13. Important Judicial Interpretations

13.1 Shared Household

• Need not be owned by respondent; includes rented premises or family property
• Right to reside available even if property belongs to relatives of respondent
• Extends to property held jointly by respondent and his relatives

13.2 Aggrieved Person

• Includes live-in partners in relationship in nature of marriage
• Sisters, mothers, widows living in domestic relationship covered
• Relationship must be in domestic nature and in shared household

13.3 Economic Abuse

• Non-payment of maintenance amounts to economic abuse
• Preventing woman from taking up employment is economic abuse
• Disposal of stridhan or woman's property without consent covered

14. Key Time Limits and Procedural Requirements

15. Comparison: Relief Under Different Sections