Supreme Court on Domestic Violence & PWDVA | Key Judgments
Supreme
Court on Domestic Violence and PWDVA Guidance in India
Blog by:
Eximguru Jayprakash B. Somani,
MBA (Foreign Trade), LL. B.
Advocate, Supreme Court of India & IP,
Cell: PA 9322188701
www.jayprakashsomani.com
www.supremecourtlawfirm.com
The:
Protection of Women from Domestic Violence Act, 2005
(PWDVA) is one of India’s most important social welfare legislations enacted to
provide:
?
immediate civil remedies,
?
protection,
?
residence rights,
?
maintenance,
?
compensation,
?
and safety measures
to women facing domestic violence.
The Act came into force in 2006 and is interpreted
extensively by the:
Supreme Court of India.
Official Government Information:
Ministry
of Women and Child Development
Official Supreme Court Website:
Supreme Court of India
1.
Objective of the PWDVA
The Act aims to:
?
protect women from domestic abuse,
?
provide speedy civil remedies,
?
secure residence and maintenance,
?
prevent harassment,
?
and ensure dignity and safety.
The Supreme Court has repeatedly held that the Act is:
a beneficial and socially progressive legislation.
2.
Meaning of Domestic Violence
Under Section 3 of the Act, domestic violence includes:
|
Type of Abuse |
Examples |
|
Physical abuse |
Beating, assault, injury |
|
Emotional abuse |
Insults, humiliation, threats |
|
Verbal abuse |
Abusive language, character assassination |
|
Sexual abuse |
Forced sexual acts |
|
Economic abuse |
Denial of money, food, medicines |
|
Dowry harassment |
Demand for dowry |
|
Psychological abuse |
Isolation, intimidation |
3.
Who Can File Complaint Under PWDVA
An “aggrieved woman” in a:
?
domestic relationship,
?
marriage,
?
live-in relationship,
?
family relationship,
may file complaint.
4.
Domestic Relationship
Includes:
?
wife,
?
mother,
?
sister,
?
widow,
?
daughter,
?
female relatives,
?
women in relationships “in the nature of
marriage.”
5.
Important Supreme Court Judgments
A.
Hiral P. Harsora v. Kusum Narottamdas Harsora
Citation
(2016) 10 SCC 165
Principle
Supreme Court struck down restrictive part of Section
2(q).
Effect
Complaint can be filed even against:
?
female relatives,
?
mother-in-law,
?
sister-in-law.
B.
Indra Sarma v. V.K.V. Sarma
Citation
(2013) 15 SCC 755
Principle
Women in relationships resembling marriage can seek
protection under PWDVA.
C.
Prabha Tyagi v. Kamlesh Devi
Principle
Even if parties no longer live together, woman may seek
remedies under PWDVA.
D.
Kamatchi v. Lakshmi Narayanan
Principle
Limitation does not bar continuing domestic violence
reliefs.
E.
Satish Chander Ahuja v. Sneha Ahuja
Citation
(2021) 1 SCC 414
Principle
Wife has right to reside in shared household even if
property belongs to in-laws.
6.
Important Sections of PWDVA
Section
2(a) — Aggrieved Person
Defines woman entitled to protection.
Example
Wife subjected to cruelty by husband.
Section
2(f) — Domestic Relationship
Covers:
?
marriage,
?
live-in relationship,
?
family relationship.
Section
2(s) — Shared Household
Important provision.
Example
Wife residing in matrimonial house.
Section
3 — Domestic Violence
Core section defining domestic violence.
Example
Economic deprivation and verbal abuse also covered.
Section
9 — Protection Officers
Protection Officers assist victims.
Their duties include:
?
preparing Domestic Incident Report (DIR),
?
assisting court process,
?
arranging shelter and medical help.
The Supreme Court recently directed States and UTs to
strengthen appointment of Protection Officers and legal aid systems.
Section
12 — Application to Magistrate
Victim may file complaint before Magistrate.
Section
17 — Right to Reside
Woman has right to reside in shared household.
Section
18 — Protection Orders
Court may restrain respondent from:
?
violence,
?
harassment,
?
communication,
?
entering workplace/home.
Section
19 — Residence Orders
Court may:
?
restrain dispossession,
?
restore possession,
?
direct alternate accommodation.
Section
20 — Monetary Relief
Includes:
?
maintenance,
?
medical expenses,
?
loss of earnings.
Section
21 — Custody Orders
Temporary child custody may be granted.
Section
22 — Compensation Orders
Compensation for:
?
emotional distress,
?
mental torture,
?
injuries.
Section
23 — Interim and Ex Parte Orders
Emergency immediate relief possible.
Example
Immediate restraining order without hearing respondent
initially.
Section
31 — Breach of Protection Order
Violation of court order is criminal offence.
Punishable with imprisonment.
7.
Step-by-Step Domestic Violence Litigation Process
Step
1 — Immediate Safety
Victim should:
?
contact police,
?
approach Protection Officer,
?
seek shelter,
?
obtain medical assistance.
Step
2 — File Domestic Incident Report (DIR)
Prepared by:
?
Protection Officer,
?
Service Provider,
?
NGO,
?
or directly before Magistrate.
Step
3 — Filing Application Under Section 12
Application filed before:
?
Judicial Magistrate First Class,
?
Metropolitan Magistrate.
Step
4 — Interim Relief Application
Victim may seek:
?
immediate protection,
?
residence,
?
maintenance,
?
custody,
?
restraining orders.
Step
5 — Notice to Respondent
Court issues summons.
Step
6 — Reply and Evidence
Both sides file:
?
affidavits,
?
documents,
?
evidence.
Step
7 — Interim Orders
Court may grant:
?
maintenance,
?
residence rights,
?
protection order.
Step
8 — Final Hearing
Court decides:
?
domestic violence allegations,
?
compensation,
?
maintenance,
?
protection.
