Law on the Protection of Women from Domestic Violence Act 2005 is an Act of the Indian Parliament enacted to protect women from domestic violence. It was introduced by the Indian government and the Department of Women and Child Development on 26 October 2006. The Act provides for the definition of “domestic violence” for the first time in Indian law, with this broad definition and not only physical violence. , but also other forms of violence such as emotional / verbal, sexual and economic abuse. It is a public law intended primarily for protection measures, not criminal coercion.
The Protection of Women from Domestic Violence Act, 2005 is different from what the Indian Penal Code says because it provides a broad definition of domestic violence in what it covers and who protects it.
According to the Act, a victim is defined as “any woman, or who has been in a domestic relationship with a defendant and who is suspected of being a victim of domestic violence by a defendant.” This law protects not only women from violence within their husband-and-wife relationships, but women who live in the same home as people in domestic relationships. This protects women from violence in their marital relationships (eg husband-wife, daughter-in-law / mother-in-law / etc.), blood relationships (eg father-daughter, sister-brother), relationship acceptance (ex: daughter-adopted father), and relationships in the form of marriage. This Act is considered to be the first of its kind to provide for the recognition and protection of extramarital affairs.
Domestic violence is defined by Section 3 of the Act as “any act, omission or commission or defendant’s conduct will result in domestic violence in the event of:
injures or harms or endangers the health, safety, health, limb or well-being, whether mental or physical, of a traumatized or inclined person and includes the creation of physical, sexual, verbal and emotional abuse and economic abuse; or
harass, harm, injure or endanger a victim to compel him or her or any other person to meet any illegal claim for any lobola or other property or security; or
has the power to threaten the victim or another person related to any of the conduct referred to in subsection (a) or subsection (b); or
otherwise it harms or causes injury, whether physical or mental, to the victim. “