An Act For Protection of Women
There is hardly any issue that shames our great country like the issue of domestic violence done against women. Traditionally, India has been a country with dual standards as far as the fairer sex is concerned. This duality has led to today’s social epidemic of various atrocities against women.
Legally, the Protection of Women from Domestic Violence Act 2005 is one of the most powerful and impact laws under the Indian Penal Code. Understanding the premises and consequences will help us create a better country for our female citizens as it will help us build a stronger image for the country in the world.
• The Definition of Domestic Violence
The act clearly defines the premises of domestic violence as:
a) Any act of assault or that makes the woman’s life miserable by cruelty of conduct even if the act does not affect the female physically, OR
b) Any act by which the woman is made to lead an immoral life, or
c) Otherwise injures the woman.
The act furthers the premises by specifying acts of physical, sexual, economic and mental abuses to be taken as acts of violence. Any pressure created for dowry comes under this definition. The best lawyers in Chandigarh High court will be able to illustrate the details of the law for your better understanding.
• The Reach of the Act
The act is about giving proper living condition and providing safety to all women.
Therefore, any female like the sister, mother, widow, single women or live-in partner: all come under the protection of the law.
The secure shelter is a major issue of the law. Any woman, whether she has any legal right or title for the property/house, is to have a secure living space, the law decrees to solve the security issue involved in the shelter for women.
• The Different Aids
Any senior advocate in Chandigarh High court will educate you regarding the provision of legal, medical and other types of aids that any victim of domestic violence is entitled to have. The act holds provision officers and NGOs to provide these.
Financial needs like household necessities, properties jointly owned or separately owned, Stridhan, etc. all fall under the law’s decree. Restricting these will be held as a non-bailable offense in the court.
• The Legal Process
The act has a very broad arena of operation.
a) The victim or
b) Protection officer speaking for the victim or
c) Any other person speaking for the victim can file a case under this act. Advocates in Chandigarh high court, Punjab, have the experience of filing Public Interest Litigation against atrocities recognized as domestic violence under the act.
• Orders for the Protection of the Victim
The magistrate after investigating and considering any case of domestic violence can issue orders relating to the victim’s
a) Financial relief
b) Housing-related issues
c) Compensation issues
d) Custody and
e) Protection matters.
However, the law is not biased towards one section of the society; it recognizes that any action taken against the female in order to protect oneself will not be taken as an act of domestic violence.