Violence Against Women: A Site Dedicated to Providing Information and Resources for Health Care Providers & Survivors of Violence against Women Violence against Women
A site dedicated to providing information and resources for health care providers as well as survivors of violence

Survivors > Domestic Violence > Protection of Women from Domestic Violence

If you are the aggrieved party

The need for a new law:

-Lack of civil law for immediate relief
-Misconceptions about misuse of 498A
-498A made compoundable, which provides easy bail, dilutes the gravity of violence
-304 B, article related to dowry harassment
     


Unique feature of Prevention of Women against Domestic Violence


-A judicious mix of civil and criminal law criminal procedures can be applied on breach of relief orders.
-Irrespective of religion any women can seek benefit under this law
-Applicable to two people living under the same roof, either due to marriage, live in relationship, adoption, joint family, consanguinity
-She or any one else can report the violence
-Concept of shared households.

     

 


Definition of Domestic Violence as per the law

-Harms, injures, endangers, the health, safety, life, limb or well being of the person or tends to do so
-Includes physical, sexual, verbal, emotional abuse.
-Intends to coerce her or any person related to her to met any unlawful demand for dowry or any other property /valuable security
-Has the effect of threatening her or any person related to her
 
Relief received from this Law

-Protection Order - immediate actions to stop violence without dispossessing the woman from the HH
-Monetary Relief-will mean maintenance for the aggrieved person and her family at the standard of living accustomed to the abused woman.
-Residence Order means restraining the abusive person from entering/ alienating the woman in the HH
-Custody Order would allow the woman to get custody of the children
-Compensation Order to pay the expenses incurred and losses suffered by the aggrieved person.




Role of service providers in responding to DV

-Service providers- medical, counselling, shelter, legal facilities
-Sharing information about this act
-Helping her file the case
-Providing her with immediate treatment, counselling facilities wherever applicable.
-Preparing a DIR
     






***Download the documents listed below for more information on the Act:


Prevention of Women against Domestic Violence Act: Download full document here

Rules of PWDVA: Download full document here

PWDVA Simplified: Download full document here



 
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