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Domestic Violence Act comes into effect
from 26th October, 2006. The Act was passed by the Parliament in August last year and assented to by the president on 13th September, 2005. But implementation was pending as detailed consultation were required with the State and other agencies for framing the rules.
The act is primarily meant to provide protection to the wife or female live-in partner from violence at the hands of the husband or male live-in partner or his relatives, the law also extends its protection to women who are sisters, widows or mothers.
Domestic violence under the act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the woman or her
relatives would also be covered under this definition.
The Ministry has simultaneously issued another notification laying down the rules framed for the implementation of the Act. These rules provide for, among other things, appointment of protection officers, service providers and counselors. Action to be taken in the event of the respondent breaching the protection order passed by the Magistrate in favour of the aggrieved woman is also prescribed in these rules. The Bill provides for breach of protection order or interim protection order by the respondent as a cognizable and
non-bailable offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both.
The Bill seeks to cover those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or a
relationship in the nature of marriage, or adoption; in addition relationship with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to get legal protection under the proposed Bill.
Domestic violence' includes actual abuse or the threat of abuse that is physical, sexual, verbal, emotional and economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.
The Bill provides for the woman's right to reside in the matrimonial or shared household, whether or not she has any title or
rights in the household. This right is secured by a residence order, which is passed by a court. These residence orders cannot be passed against anyone who is a woman.
The other relief envisaged under the Bill is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance from the domestic violence.
The draft Bill provides for appointment of Protection Officers and NGOs to provide assistance to the woman
through medical examination, legal aid, safe shelter, etc.
The All India Democratic Women's Association (AIDWA) has
welcomed the Domestic Violence Act that took effect from Thursday, saying
the Act, for the first time, provides for civil remedies to women by way of protection orders, residence orders, and maintenance and thus is much wider in scope than the Section 498/A of the Indian Penal Code.
One of the most important features of the Bill is the woman’s right to secure housing. It provides for a woman’s right to reside in her matrimonial or shared household, whether or not she has any title or rights in that concerned household. This right is secured by a residence order, which will be passed by a court. These residence order cannot be passed against anyone who is a woman.
Calling it a Diwali gift for women, Renuka Chowdhary, Minister for Women and Child
Development, said she had discussed the matter with the Home Ministry also in order to make the police force in the country more sensitive towards such complaints in the future.
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