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.
Introduction
Section 2 of The Protection of Women from Domestic Violence Act, 2005 defines the key terms that form the foundation of the Act. These definitions ensure legal clarity and uniform interpretation during proceedings. Understanding these terms is essential for victims, legal professionals, and enforcement authorities. This section outlines who qualifies for protection, what constitutes a domestic relationship, and the legal tools available under the Act.
What Is Section 2 Of Domestic Violence Act, 2005
This section provides clear meanings of important terms used in the Act.
- An aggrieved person is any woman who is or was in a domestic relationship with the respondent and claims to have faced domestic violence.
- A child refers to anyone under 18 years of age, including adopted, step, or foster children. A compensation order is issued under Section 22 to provide financial relief to the victim.
- A custody order, under Section 21, deals with child custody during the case.
- A domestic incident report is a formal complaint recorded in a prescribed format.
- A domestic relationship exists between two people who live or have lived in the same household and are related by blood, marriage, adoption, or as family members in a joint family. It also includes relationships similar to marriage.
- Domestic violence means the same as defined in Section 3 of this Act.
- The term dowry carries the same meaning as under Section 2 of the Dowry Prohibition Act, 1961.
Who Is A Magistrate
- A Magistrate means a Judicial Magistrate of the first class or a Metropolitan Magistrate with legal authority in the area where either the aggrieved woman or the respondent resides or where the violence took place.
- A medical facility is any health center that the State Government officially notifies for this Act.
- Monetary relief refers to financial help that the Magistrate can order at any point during the hearing to cover the woman’s expenses and losses caused by the violence.
- A notification means a public announcement published in the Official Gazette. The term prescribed refers to rules framed under this Act.
- A Protection Officer is a person appointed by the State Government under Section 8(1) to help in implementation.
- A protection order, issued under Section 18, offers legal protection to the aggrieved woman.
- A residence order, under Section 19(1), secures her right to live in a shared household.
- A respondent is an adult male who is or was in a domestic relationship with the woman and is accused under this Act. A woman can also file a complaint against a relative of her husband or male partner.
- A service provider is an officially registered organization under Section 10(1) that supports the victim.
- A shared household includes any house where the aggrieved woman lives or has lived with the respondent, whether owned or rented, jointly or separately. It also includes joint family property even if the woman has no ownership rights.
- A shelter home is a safe place notified by the State Government to house aggrieved women during the legal process.
Landmark Case Laws Related to Section 2
Hiral P. Harsora v. Kusum Narottamdas
Harsora (2016). The Supreme Court removed the phrase “adult male” from Section 2(q). Now, women can file complaints against both male and female relatives. This judgment expanded the definition of “respondent” to include female relatives in domestic violence cases.
V.D. Bhanot v. Savita Bhanot (2012).
The court held that the Act applies to incidents before its enforcement in 2005. This gave the Act retrospective effect. Victims of earlier violence can now seek protection and relief under the Act.
S.R. Batra v. Taruna Batra (2007).
The court ruled that a shared household must be owned or rented by the husband or jointly with the wife. This limited a woman’s right to residence in homes owned by in-laws. However, later rulings adopted a broader view to better protect victims’ housing rights.
Conclusion
The definitions in Section 2 play a vital role in the effective implementation of the Domestic Violence Act. They clarify the scope of protection, specify the roles of authorities, and describe the rights of aggrieved women. These terms help ensure justice, support, and safety for victims of domestic violence. Proper interpretation of these definitions ensures that every woman receives the legal remedies she is entitled to under the law.
