Domestic Violence Act

Dear Veenzar,

The [font=verdana]Protection of Women from Domestic Violence Act 2005 (43 of 2005) is the latest Act enacted by the Union of India for the benefit of the all the women. It is more fully a fast and interim relief to the victim. Under the said act the State Government has to notify the Social Officer of the State or Region as the Protection Officer. Any person aggrieved by a domestic violence can approach the protection officer concerned for various relief's like monetary, residential, compensation or any protection order as contemplated under sections 17 to 22 of the said act. Then the protection officer has to file a case before the appropriate Magistrate Court for the relief sought for by the victim. In case if the protection officer failed to initiate the complaint or if there is any inordinate delay the victim can directly file a petition under section 12 of the said act and the Magistrate has to pass an order within 60 days from the date of filing the petition. [/font]

 

[user=9]kumanan[/user] wrote: "Dear Veenzar,

The [font=verdana]Protection of Women from Domestic Violence Act 2005 (43 of 2005) is the latest Act enacted by the Union of India for the benefit of the all the women. It is more fully a fast and interim relief to the victim. Under the said act the State Government has to notify the Social Officer of the State or Region as the Protection Officer. Any person aggrieved by a domestic violence can approach the protection officer concerned for various relief's like monetary, residential, compensation or any protection order as contemplated under sections 17 to 22 of the said act. Then the protection officer has to file a case before the appropriate Magistrate Court for the relief sought for by the victim. In case if the protection officer failed to initiate the complaint or if there is any inordinate delay the victim can directly file a petition under section 12 of the said act and the Magistrate has to pass an order within 60 days from the date of filing the petition. [/font]

 
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Very useful information, Mr.Kumaran. I haven't heard this act before.

By the way, how is this act different from Dowry Prohibition Act. Is any FIR to be lodged?

Well it is a intersting question by swetha. Dowry Prohibition Act is to curb the dowry menace only and whereas the Domestic Violence Act gives more remedy to the victim and that too on a speedy manner. As mentioned earlier the victim can seek for protection order from the Magistrate for the repeated violence by the male member of the family besides other relief's such as monetary and compensation. It is also to be noted that this proceeding can be initiated by any person on behalf of the victim and interestingly the victim can file her complaint even during the pendency of any other proceedings i.e., maintenance or criminal case etc., In fact the entire proceeding is summary in nature and hence we can have a speedy remedy and any order passed under this Act has to be implemented by the protection officer concerned with the help of the Police officer in whose jurisdiction the victim resides. Further, there shall be a strict direction to the police officer concerned to implement the orders otherwise the same can be brought to the knowledge of the Magistrate under section 31 of the Act for disobedience.

In so far as the FIR is concerned the police officer who receives complaint under the Act has to forward the same to the protection officer and the Magistrate concerned and the Magistrate has to obtain a Domestic Inquest Report (DIR) from the protection officer and on the basis of the same will pass orders within 60 days from the date of the compliant.

 

Friends,

Recently the Supreme Court has come down heavily on the Domestic Violence enactment. The SC opined that the act is very loosely drafted and is being misused. Hence the act, I suppose would be reconsidered.

 

I too feel that the Act is misused just like the Dowry Prohibition Act. Just take the example of Mr.Arjun Singh

Dear Sir/Mam . may i got the notification of S.C ammendment in this act The SC opined that the act is very loosely drafted and is being misused.

OK to hit wife & children, rules UAE apex court
(Times of India, Mumbai Edition, 19th October, Page no. 03)

 

Dubai: The UAE’s highest judicial body has said that a man can beat his wife and young children as long as it does not leave any marks on them.

The Federal Supreme Court gave the ruling in the case of a man who had left cuts and bruises on his wife and daughter after kicking and slapping them. The court held the man guilty of harming the women, but noted that Islamic codes gave men the permission to “discipline’’ their family members, provided no marks were left.

It also said children who had reached “adulthood’’ must not be hit, Abu Dhabi newspaper The National reported. AGENCIES