Violence against women, in any form, is one of the most severe issues that our societies have faced for centuries. It involves acts of physical, sexual, or psychological abuse against a woman by someone intimately connected to her through marriage, family relations, or acquaintanceship. It has its roots in the patriarchal setup of society, where women have historically been viewed as the weaker sex.
Persons Covered under the Act:
The Act allows complaints to be filed against any “adult male member” who commits an act of violence and is in a “domestic relationship” with the “aggrieved person”. This includes individuals related by marriage or by blood, including through adoption, live-in relationships, women in bigamous relationships, or victims of legally invalid marriages. However, the scope is broader now. The Supreme Court in Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165, struck down “adult male” from the definition of “respondent”, expanding the remedies under this Act to be available not only against adult males but also against females and non-adults.
Remedies Available under the Act:
Right to Reside (Section 17): Every woman in a domestic relationship has the right to reside in the shared household, irrespective of her title or rights in the household.
Protection Order (Section 18): The Magistrate can issue protection orders to restrain the respondent from committing any act of domestic violence, communicating with the aggrieved person, alienating any assets, etc.
Residence Order (Section 19): The Magistrate can issue residence orders to prevent the respondent from disturbing the aggrieved person’s possession of the shared household, directing the respondent to vacate the shared household, or providing alternate accommodation to the aggrieved person.
Monetary Relief (Section 20): Aggrieved persons can seek monetary relief for expenses incurred due to violence. This can include loss of earnings and damage to property. In Juveria Abdul Majid Patni Vs. Atif Iqbal Mansoori and Anr., (2014) 10 SCC 736, the Supreme Court clarified that this monetary relief is distinct from maintenance and can be claimed in addition to maintenance under Section 125 CrPC or any other law.
Custody Orders (Section 21): The Magistrate can grant temporary custody of any child or children to the aggrieved person.
Compensation Orders (Section 22): The Magistrate can order the respondent to pay compensation and damages for injuries, including mental torture and emotional distress caused by domestic violence.
The Act also envisions the appointment of Protection Officers by the Government and service providers, which include members of notified NGOs, to facilitate aggrieved women in approaching the court, securing accommodation, and obtaining medical treatment.
Protection Officers and Service Providers: The Act also envisions Protection Officers (appointed by the Government) and service providers (members of notified NGO’s) to facilitate aggrieved women to approach the court, provide accommodation, help them get medical treatment etc.
