There are three laws in place in India that deal directly with domestic violence: The Protection of Women from Domestic Violence Act, 2005. The Dowry Prohibition Act, 1961. And Section 498A of the Indian Penal Code.
Only a woman who is/was in a domestic relationship with the aggressor can take action under the Protection of Women from Domestic Violence Act, 2005.
The aggressor is “any adult male person,” a number of Supreme Court judgments have held that even a woman can be an aggressor against another woman for committing and/or aiding and abetting acts of domestic violence.
The Protection of Women from Domestic Violence Act, 2005 is a civil law that provides protection to women in a household, from men in the household.
This law not only protects women who are married to men but 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.
Rights of 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. 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.
