Domestic Violence Act 2005

Chapter 1: Introduction

Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, or intimate partner violence, is defined as a ‘pattern of abusive behaviours by one partner against another in an intimate relationship such as marriage, dating, family, or cohabitation’. Domestic violence, so defined, has many forms, including physical aggression or assault (hitting, kicking, biting, shoving, restraining, slapping, throwing objects), or threats thereof; sexual abuse; emotional abuse; controlling or domineering; intimidation; stalking; passive/covert abuse and economic deprivation. Alcohol consumption and mental illness can be combined with abuse, and present additional challenges in eliminating domestic violence.

The contributing factors could be the desire to gain control over another family member, the desire to exploit someone for personal benefits, the flare to be in a commanding position all the time showcasing one’s supremacy so on and so forth. On various occasions, psychological problems and social influence also add to the vehemence.

The Protection of Women from Domestic Violence Act 2005 was brought into force by the Indian government from October 26, 2006. The Act was passed by the Parliament in August 2005.

(1) For the purposes of this Act, any conduct of the respondent shall constitute domestic violence if he,—

• habitually assaults or makes the life of the aggrieved person miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment; or

• forces the aggrieved person to lead an immoral life; or

• otherwise injures or harms the aggrieved person.

(2) Nothing contained in clause (c) of sub-section (1) shall amount to domestic violence if the pursuit of course of conduct by the respondent was reasonable for his protection or for the protection of his or another’s

Harassment by way of unlawful dowry demands to the woman or her relatives are also being covered under this definition.

• One of the most important features of the Act is the woman’s right to secure housing. The Act 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 Act 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