Domestic Violence Act 2005 comes into effect

Beware husbands! Beating or insulting your wife from Thursday can land you in jail with a fine of upto Rs 20,000. Coming into effect from Thursday, the Domestic Violence Act 2005 is primarily meant to provide protection to the wife or female live-in partner from violence at the hands of the husband or male live-in partner or his relatives.

New Delhi, Oct 26: Beware husbands! Beating or insulting your wife from Thursday can land you in jail with a fine of upto Rs 20,000. Coming into effect from Thursday, the Domestic Violence Act 2005 is primarily meant to provide protection to the wife or female live-in partner from violence at the hands of the husband or male live-in partner or his relatives.
Domestic violence under the act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic, said a statement from the Ministry of Women and Child Development, which issued a notification yesterday to bring the Act into force.

Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition, it said adding the law also extends its protection to women who are sisters, widows or mother.

"We have been trying for long to protect women from domestic violence. In India alone, around 70 per cent of women are victim of these violent acts in one or the other form," Minister of State for Women and Child Development Renuka Chowdhury told reporters here.

She said the law will go a long way to provide relief to the women from domestic violence and get their due.

The ministry has simultaneously issued another notification laying down the rules framed for the implementation of the Act, which will provide for, among other things, appointment of protection officers, service providers and counsellors.

The law will cover those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption.

Besides physical violence of beating, slapping, hitting, kicking and pushing, the Act also covers sexual violence like forced intercourse, forcing his wife or mate to look at pornography or any other obscene pictures or material and child sexual abuse.

It also includes verbal and emotional violence such as name-calling and insults. Preventing one`s wife from taking up a job or forcing her to leave job are also under the purview of the Act.

One of the most important features of the Act is the women`s right to secure housing, the statement said adding it provides a right to reside in the matrimonial and shared household, whether or not she has any title in the household.

The Act provides for breach of protection order or interim protection order by the respondent as a cognizable and non-bailable offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to Rs 20,000 or with both.

The other relief envisaged is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties.

Bureau Report

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