Domestic Violence Act 2005

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Domestic Violence Act 2005

The Protection of Women from Domestic Violence Act, 2005 gives the legal definition of “Domestic Violence” under Section 3. The DV Act is applicable to the whole of India except the State of Jammu and Kashmir. It is a civil law that focuses on the reliefs given to the aggrieved woman such as compensation, protection, right to residence in the “shared household” etc., unlike in the criminal law, where the prime focus is on punishing the accused. It covers all kinds of violence faced by a woman in her “shared household”.

Domestic Violence includes causing any harm or injury to the safety, life, health, or well-being of the aggrieved woman by committing any physical, sexual, verbal, or economic abuse. Moreover, it also includes any injury or harm done to the aggrieved woman or her relative with a view to coerce her or any person, to meet unlawful dowry demand. Threats to commit violence are also covered under this definition.

Domestic Violence Act, 2005

The definition of Domestic Violence includes four categories of abuse namely: physical, sexual, verbal/emotional and economic. “Physical Abuse” is any act or conduct which causes bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person. It also includes assault, criminal intimidation and criminal force.

“Sexual Abuse” is any sexual conduct that abuses humiliates, degrades, or otherwise violates the dignity of a woman. The definition of sexual abuse is not exclusive in nature and hence time and again the courts have recognized other forms of sexual abuse, such as forced sexual intercourse, demands to indulge in oral sex, or watch pornography.

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Domestic Violence Act 2005

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