Domestic Violence Act 2005 Simplified

Data suggests that domestic violence cases increased by 53% between 2001 to 2018. By understanding the gravity of the matter, the Indian govt passed Domestic Violence Act in 2005.

Let's get familiar with the Domestic Violence Act 2005 and answers the queries like -

What is Domestic Violence?

Who can file a complaint under the Domestic Violence Act?

How many types of domestic violence are stated in the law?

What is Domestic Violence?

Domestic violence is a systematic method to infuse fear and vulnerability in an individual in a domestic setting like a household. The scope behind this violence is the compulsion to maintain the power structure of one person over the other to infuse or coerce another individual for self-gratification purposes. In India, domestic violence typically means violence faced by an individual at the hands of their biological relatives but predominantly covers the violence suffered by women from the male members or relatives in their family.

Domestic violence is defined by the Protection of Women from Domestic Violence Act, 2005. Before this act, domestic violence cases against women were governed under section 498-A of the IPC. However, section 498-A had two shortcomings.

First, the absence of any compensation provision for the victim under this provision.

Secondly, section 498-A applies only to married women.

Therefore, to overcome these shortcomings, the Domestic Violence Act, 2005 was introduced by the Centre. The Domestic Violence Act 2005 provides relief including shelter, medical facilities, protection orders, compensation orders, etc to women.

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Who can File Complaint Under the Domestic Violence Act 2005?

Domestic Violence Act 2005 provides rights only to women for filing a complaint under this act. This law lacks the provision for men to lodge domestic violence cases against women. However, an aggrieved man can file a petition for divorce or judicial separation on the ground of cruelty under Section 13(1)(a) of the Hindu Marriage Act(2).

Also Read: Understand The Grounds Of Divorce In India

Domestic Violence and Men

The Indian Domestic Violence act is silent on violence against men. Therefore, the Supreme Court of India recognized the need to protect men against acts of domestic violence in Narayan Ganesh Dastane V. Sucheta Narayan Dastane and more recently in Hiral P Harsora vs Kusum Narottamdas Harsora case. In the latter case, the Apex Court, for the first time, accepted cruelty against men.

How Many Types of Domestic Violence are Stated in Act?

The Domestic Violence Act 2005 and the types of domestic violence against women are as below:

Physical abuse:

Sexual abuse:

Verbal and emotional abuse:

Economic abuse

Key causes of Domestic Violence in India

Although, there is no specific or uniform reason that leads to domestic violence against women. Yet, it is assumed that several sociological/behavioral, historical, religious, and cultural factors lead to the occurrence of domestic violence against women.

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