Friday, March 27, 2009

Protection of Women from Domestic Violence Act, 2005

The Act has received President’s assent in September 13th 2005.It extends to the whole of India except the State of Jammu & Kashmir. The Act is an extremely progressive one not only because it recognizes women who are in a live in relationship but also extends protection to other women in the household, including sisters and mothers.

Even a single act of omission or commission may constitute domestic violence. The law covers children also. Preventing one's wife from taking up a job or forcing her to leave job are also under the purview of the Act. Violence covers sexual violence like forced intercourse, sexual, verbal and economic violence Forcing a woman to look at pornography or any obscene pictures, any act of sexual nature to abuse, humiliate or degrade a woman's integrity.

Her 'tormentor' would be ordered not to attempt to communicate with her, including at her workplace. Apart from this, the woman can rightfully continue to live under the same roof with the man while fighting him in the court. It also provides a woman a right to reside in the matrimonial and shared household, whether or not she has any title in the household. She also has the right to simultaneously file her own complaint under Section 498A of the Indian Penal Code.

All crimes in the Domestic Violence Act are non-bailable. Husband or live-in partner who would be guilty of domestic violence can be put behind bars for one year and fined Rs 20,000.



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