Protection of Women from Domestic Violence Act, 2005
GS-1 or GS-2 Mains : Acts or Women
Short Notes or Revision Notes
Question : Examine the key provisions and objectives of the Protection of Women from Domestic Violence Act, 2005, highlighting its significance in addressing various forms of abuse against women within households.
Background
- Enacted in 2006.
- Aims to protect women (wives or live-in partners) from violence by husbands/partners or their relatives.
Domestic Violence Defined
- Physical, sexual, verbal, emotional, or economic abuse or threats.
- Includes harassment for dowry.
Protection Offered
- Right to reside in shared household (Section 17).
- Economic relief for victims of economic abuse.
- Recognition of verbal and emotional abuse.
- Temporary child custody.
- Expedited court judgements (within 60 days).
- Protection for mothers, sisters (including adopted), and daughters.
Protection Officers
- Appointed by the government to assist women:
- File cases.
- Access legal aid.
- Obtain court relief.
Criticisms of the Act
- Gender bias – Doesn’t address violence against men.
- Misuse and false accusations.
- Family disruption – May hinder reconciliation.
- Legal complexity and delays.
- Need for a more comprehensive approach (e.g., addressing poverty, gender inequality).
Arguments in Favor of the Act
- Comprehensive legal framework for domestic violence.
- Recognizes various forms of abuse (beyond physical).
- Empowers victims to seek protection and legal remedies.
- Provides access to support services (shelters, counseling, legal aid).
- Promotes gender equality.
- Fulfills India’s international obligations (e.g., CEDAW).
Conclusion
- The Act is crucial for:
- Gender equality.
- Protecting women’s rights.
- Creating a safer and more just society.
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