Domestic Violence Act

Context: 

The Delhi High Court has stayed proceedings under the Protection of Women against Domestic Violence Act in a case where a man moved a local court accusing his wife of adultery. 

• The Court took a prima facie view that protection under the DV Act is not available to the husband. 

What is Domestic Violence (DV)?

• Traditionally, DV has been associated with physical violence that occurs between husband and wife.
• In recent decades, it is now more commonly defined to include all acts of physical, sexual, economic, and psychological violence that may be committed by a family member or an intimate partner.
• DV can take on many forms such as assaults, threats, stalking, neglect and/or economic deprivation. 
• With the emerging popularity of social media, technology can also be used to threaten, blackmail, and stalk victims.

NFHS Findings:

• Nearly one-third of women in India have experienced physical or sexual violence, finds the National Family Health Survey-5 report.
• Domestic violence against women has declined from 31.2% to 29.3% in the country.
• 30% women between the age of 18 and 49 have experienced physical violence since the age of 15 years, while 6% have experienced sexual violence in their lifetime.
• The survey finds that 32% of married women (18-49 years) have experienced physical, sexual, or emotional spousal violence.
• The most common type of spousal violence is physical violence (28%), followed by emotional violence and sexual violence. 

About Domestic Violence Act, 2005:

Objectives of the Act

• To identify and determine that every act of domestic violence is unlawful and punishable by law.
• To provide protection to victims of domestic violence in the cases such acts occur.
• To serve justice in a timely, cost-effective, and convenient manner to the aggrieved person.
• To prevent the commission of domestic violence and to take adequate steps if such violence occurs.
• To implement sufficient programmes and agendas for the victims of domestic violence and to guarantee the recovery of such victims. 

Provisions of the Act

• Qualifications and Experience of Protection Officers: Protection Officers are appointed by the State Government who must be women as far as possible and shall possess requisite qualifications and experience as may be prescribed under the Act.
• Protection Officers have to assist the Magistrate in order to discharge their duties in accordance with the Act.
• Rights of Victims : Police officers are required to inform the victim about her rights to make an application for receiving relief by way of protection order, order for monetary relief, custody order, residence order, compensation order, etc.
• Provision of Shelter Homes: If any victim of domestic violence requires a shelter home then under Section 6 of the Act, the person in charge of a shelter home will provide suitable shelter to the victims of domestic violence in the shelter home.
• Monetary Relief to Aggrieved Person: The monetary relief granted must be fair and adequate and must be in accordance with the standard of living of the aggrieved person.

News Source: The Hindu