There are three laws in place in India that deal directly with domestic violence.
These are:
- Protection of Women from Domestic Violence Act, 2005 (DVA)
- Dowry Prohibition Act, 1961 (DPA)
- Section 498A of the Bharatiya Nyaya Sanhita (previous referred to as the Indian Penal Code)
A woman who is/was in a domestic relationship with the aggressor can take action under DVA
As per the law, the aggressor is “any adult male person”. Many Supreme Court judgments have held that even a woman can be an aggressor against another woman. This could be for committing and/or aiding and abetting acts of domestic violence.
DVA is a civil law that provides protection to women in a household from men in the household.
This law protects women married to men. It also protects women who are in live-in relationships, as well as family members including mothers, grandmothers, etc.
Under this law, women can seek protection against domestic violence, financial compensation, the right to live in their shared household, and they can get maintenance from their abuser in case they are living apart.
What rights does a woman under the Domestic Violence Act?
Duties of police officers, service providers, and Magistrate pertaining to providing information to the aggrieved person have been listed under Section 5 of the Act. These include informing the aggrieved person –
- Of her right to file an application to seek relief by way of protection order, an order of monetary relief, custody order, residence order, a compensation order or more than one such order under this Act;
- Of the availability of services of service providers and Protection Officers;
- Of her right to avail free legal services under the Legal Service Authorities Act, 1987
- Of her right to file a complaint under Section 498A of the Indian Penal Code.