Protection of women from domestic violence act comes into effect
The Protection of Women from Domestic Violence Act 2005 will come into
effect from tomorrow. Ministry of
Women and Child Development has issued a notification to bring it into force
from 26th October, 06. The
Act was passed by the Parliament in August last year and assented to by the
president on 13th September, 2005.
But implementation was pending as detailed consultations will required
with the State and other agencies for framing the rules.
Primarily
meant to provide protection to the wife or female live-in partner from violence
at the hands of the husband or male live-in partner or his relatives, the
law also extends its protection to women who are sisters, widows or mothers. Domestic violence under the act includes actual
abuse or the threat of abuse whether physical, sexual, verbal, emotional or
economic. Harassment by way of unlawful
dowry demands to the woman or her relatives would also be covered under this
definition.
The Ministry has simultaneously issued another notification laying
down the rules framed for the implementation of the Act.
These rules provide for, among other things, appointment of protection
officers, service providers and counselors.
Action to be taken in the event of the respondent breaching the protection
order passed by the Magistrate in favour of the aggrieved woman is also prescribed
in these rules. Both the notifications will become available on the Ministry’s
website www.wcd.nic.in from 26th
October.
Smt. Renuka Chowdhury, Minister of State for
Women and Child Development has said that the Act will go a long way to provide
relief to the women from domestic violence and get their due. The Ministry has requested all State Governments
and Union Territories to ensure that the necessary administrative arrangements
are immediately put in place for the commencement of the Act, she added.
The salient
features of the Protection from Domestic Violence Act, 2005 are as follows:
·
The Act seeks to cover those women who are or have been in
a relationship with the abuser where both parties have lived together in a
shared household and are related by consanguinity, marriage or a relationship
in the nature of marriage, or adoption; in addition relationship with family
members living together as a joint family are also included. Even those women
who are sisters, widows, mothers, single women, or living with the abuser
are entitled to get legal protection under the proposed Act.
·
`Domestic violence’ includes actual abuse or the threat of
abuse that is physical, sexual, verbal, emotional and economic. Harassment
by way of unlawful dowry demands to the woman or her relatives would also
be 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 violence.
·
The draft Act provides for appointment of Protection Officers
and NGOs to provide assistance to the woman w.r.t medical examination, legal
aid, safe shelter, etc.
·
The Act provides for breach of protection order or interim
protection order by the respondent as a cognizable and non-bailable offence
punishable with imprisonment for a term which may extend to one year or with
fine which may extend to twenty thousand rupees or with both. Similarly, non-compliance
or discharge of duties by the Protection Officer is also sought to be made
an offence under the Act with similar punishment.
NCJ/DT
(Release ID :21508)