This article is written by Atishay Jain, a law graduate and core member of the ApniLaw team. With a strong interest in public interest laws, he explains the Domestic Violence Act in a clear and practical manner. For questions or suggestions, feel free to reach out through our official channel.
What Is Section 22 Of The Domestic Violence (DV) Act?
The Magistrate can order the respondent to pay compensation and damages. This applies when the aggrieved person files an application. The compensation covers injuries caused by domestic violence. It also includes mental torture and emotional distress. This order is in addition to other reliefs granted under the Act..
Who Can Apply?
- An application for compensation under Section 22 can be filed by:
- The aggrieved person (victim) herself.
- A Protection Officer.
- Any other person on behalf of the aggrieved person.
How to Claim Compensation Under Section 22 Of DV act?
- Prepare the Application: The application should detail the instances of domestic violence and the resulting harm, including physical injuries and emotional distress.
- File the Application with the Magistrate: Submit the application to the Magistrate’s court having jurisdiction over the matter. The application can be filed independently or along with other reliefs under the Act.
- Consideration of Domestic Incident Report: Before passing any order, the Magistrate will consider any Domestic Incident Report received from the Protection Officer or service provider, if available.
- Service of Notice: The court will ensure that notice of the application is served to the respondent (the alleged perpetrator) and any other relevant parties, as per the prescribed procedure.
- Hearing and Evidence: Both parties are given an opportunity to be heard. The Magistrate may direct the parties to undergo counselling or seek the assistance of welfare experts if necessary.
- Order for Compensation: After considering the application, evidence, and circumstances, the Magistrate may pass an order directing the respondent to pay compensation and damages for the injuries and distress caused by domestic violence.
- Enforcement of Order: If the respondent fails to pay the compensation as ordered, the aggrieved person can approach the court for enforcement, and the court may take further action to ensure compliance.
What Are The Magistrate’s Powers and Considerations?
The Magistrate has the discretion to decide whether to grant compensation and the quantum, based on the injuries and distress suffered by the victim. Courts generally consider:
- The severity and nature of the violence or abuse.
- The extent of physical, mental, or emotional injuries.
- The financial status of both the victim and the respondent (perpetrator).
- The need to provide adequate relief and act as a deterrent.
- Compensation under Section 22 is considered punitive, aiming to both compensate the victim and deter future offenses, but not to impoverish the offender.
What Are The Notable Judicial Precedents
- Bombay High Court Precedent: The Bombay High Court upheld a ₹3 crore compensation order for a wife under Section 22. In this case, the court considered both the damages suffered (including mental torture and emotional distress). Also, the respondent’s financial status. The order was challenged on the grounds that compensation should relate strictly to the harm suffered. Not the standard of living or the respondent’s income. The court, however, recognized that the objective is punitive. Compensation should not impoverish the offender, and the quantum must be fair. Just based on the facts of each case.
- Supreme Court Consideration: The Supreme Court has recently been asked to clarify whether compensation should be primarily linked to the degree of violence or the financial status of the perpetrator. This reflects an ongoing debate in the judiciary about the appropriate criteria for determining compensation under Section 22. The Court’s forthcoming ruling is expected to provide further guidance for future cases.
Conclusion
Section 22 of the Protection of Women from Domestic Violence Act, 2005 offers a crucial legal remedy for victims to claim compensation for the harm they suffer. It recognizes not just physical injuries but also emotional and mental trauma caused by domestic violence. By empowering Magistrates to award fair and just compensation, the law ensures accountability and provides financial relief to survivors. With proper legal guidance and evidence, victims can effectively use this provision to seek justice and rebuild their lives.
