Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

Financial Relief in Domestic Violence Cases

Bills/Act/LawsPrelims Only | Polity | Mains Paper 2: Laws, Institutions & Bodies Constituted For The Vulnerable Sections
Note4Students

From UPSC perspective, the following things are important :

Prelims level: DV Act 2005 and its key provisions

Mains level: NA

Why in the news?

  • A recent question before the Supreme Court compelled it to deliberate on whether damages for domestic violence should be determined based on the injuries sustained by the victim or the perpetrator’s ability to pay.
  • The petitioner contested orders from the Bombay High Court and a trial court directing him to pay Rs 3 crore to his wife under Section 22 of the Protection of Women from Domestic Violence Act, 2005.

Domestic Violence Law: An Overview

  • The DV Act, 2005 aims to safeguard women’s rights by addressing violence within the family.
  • Key Features of the DV Act:
Details
Background Introduced in 2005 to address limitations in civil and criminal courts regarding domestic violence (under Section 498A of the Indian Penal Code).
Definitions of Violence
  • Includes physical, sexual, emotional, verbal, psychological, and economic abuse (Section 3).
  • Even a single act of harm or injury qualifies as domestic violence.
Beneficiaries
  • Any woman in a domestic relationship (Section 2).
  • Children can also file complaints, and any person can file on their behalf (Section 2).
Respondents
  • Adult male members in domestic relationships (Section 2).
  • Relatives of the husband or male partner can also be respondents (Section 2).
Rights to Residence Women cannot be denied access to resources during legal proceedings (Section 17).
Other Rights
  • Access to police, shelter, medical aid, and legal assistance.
  • Can obtain various court orders, including protection, residence, and compensation orders (Section 18).
Remedial Measures
  • Victims entitled to medical facilities, counseling, and shelter (Section 12).
    • Both parties may receive counseling as directed by the court (Section 14).
  • Respondents required to provide compensation for losses incurred by the victim (Section 20).
  • Courts to order respondents to pay damages for injuries, including mental and emotional trauma, resulting from domestic violence (Section 22).
Protection Officers Appointment of officers in each district, preferably women, with necessary qualifications (Section 8).
Fixed Timeline All complaints must be heard and disposed of within 60 days (Section 12).

 

PYQ:

[2022] Explore and evaluate the impact of ‘Work From Home’ on family relationships.

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