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.
Contents
What Is Section 3 Of Domestic Violence (DV Act)?
- Domestic violence includes any act, omission, or behavior by the respondent that causes harm to the aggrieved person.
- It applies when the respondent harms the health, safety, life, limb, or mental/physical well-being of the aggrieved person.
- It includes physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse.
- Harassment or harm intended to force the woman or her family to meet unlawful dowry or property demands also counts as domestic violence.
- Threatening the woman or her relatives using abusive conduct is included.
- Any other act that causes mental or physical injury also falls under domestic violence.
Explanation of Abuse Types:
- Physical abuse includes any act that causes bodily pain, harm, or danger to life, health, or development. It includes assault, criminal force, and intimidation.
- Sexual abuse refers to any sexual conduct that humiliates, degrades, or violates the dignity of a woman.
- Verbal and emotional abuse includes insults, name-calling, ridicule (especially for not having children or a male child), and repeated threats to harm someone close to the woman.
Economic abuse includes:
- Denial of financial support, household necessities, or maintenance.
- Selling or hiding household items, property, or valuables owned by the woman.
- Blocking access to resources or facilities she is entitled to use, including the shared household.
- While determining domestic violence, the court considers all facts and the overall situation of the case.
What Are The Protections for Unmarried Women under DVA?
- Inclusive Definition of Aggrieved Person: The Act defines an “aggrieved person” as any woman who is, or has been, in a domestic relationship with the respondent and alleges to have been subjected to domestic violence.
- Domestic Relationship Scope: Includes relationships by marriage, blood, adoption, or relationships “in the nature of marriage” (e.g., live-in relationships).
- Right to Reside: Unmarried women have the right to reside in the shared household, regardless of ownership or title.
- Protection Orders: Courts can restrain the respondent from committing further acts of violence or contacting the aggrieved person.
- Monetary Relief: Financial assistance may be ordered to cover expenses related to loss of earnings, medical costs, or maintenance.
- Residence Orders: Courts can direct the respondent to leave the shared household or provide alternative accommodation.
- Custody Orders: Temporary custody of children can be granted to the aggrieved person if it is in the best interest of the child.
- Compensation Orders: Compensation for mental torture, emotional distress, or physical injuries caused by acts of violence can be ordered.
- Access to Shelter and Medical Facilities: Unmarried women have the right to seek shelter in government-recognized homes and receive free medical aid.
- Legal Aid and Support: Protection Officers and Service Providers assist with filing complaints, accessing legal remedies, and securing relief.
What Are The Legal Consequences for Accused under DVA?
Civil Consequences:
- Protection Orders: The respondent can be prohibited from committing further acts of domestic violence. Also, contacting the aggrieved person, or entering her place of work or residence.
- Residence Orders: The respondent may be directed to remove themselves from the shared household. Moreover, be restrained from dispossessing or disturbing the possession of the aggrieved person.
- Monetary Relief: The respondent can be ordered to pay for medical expenses, loss of earnings, maintenance, or compensation for physical or mental harm.
- Custody Orders: Temporary custody of children may be granted to the aggrieved person, with visitation rights for the respondent as deemed appropriate.
- Compensation Orders: The respondent may be required to pay compensation for injuries, including mental torture and emotional distress.
Criminal Consequences:
- Breach of Protection Orders: Violating a protection order is a criminal offence under Section 31 of the Act, punishable with imprisonment up to one year, or with a fine up to twenty thousand rupees, or both.
- Further Legal Action: The breach can also result in arrest and prosecution, with additional penalties as determined by the court.
Conclusion
The Protection of Women from Domestic Violence Act, 2005, stands as a progressive legal framework that safeguards the rights of all women, including those who are unmarried. By recognizing domestic relationships beyond marriage, such as live-in partnerships and familial ties, the Act ensures inclusive protection. It provides vital civil remedies like residence, monetary relief, and custody, while also enforcing criminal penalties for violations. This comprehensive approach empowers unmarried women to seek justice, live with dignity. Also, break free from abuse in any domestic setting.
