In India, victims of domestic violence have several legal remedies under various laws to ensure protection, relief, and justice. Here is a comprehensive overview of the legal remedies available:
1. Protection under the Protection of Women from Domestic Violence Act, 2005 (PWDVA)
The PWDVA, 2005 is the primary legislation that provides civil remedies for women who are victims of domestic violence.
Key Features:
- Applicable to all women, irrespective of religion or marital status.
- Covers physical, sexual, verbal, emotional, and economic abuse.
- Includes relationships in the nature of marriage (e.g., live-in relationships).
Legal Remedies under PWDVA:
| Section | Relief Provided |
|---|---|
| Section 18 | Protection Order – Restraining the abuser from committing or aiding domestic violence. |
| Section 19 | Residence Order – Right to reside in a shared household; can restrain abuser from dispossessing or disturbing possession. |
| Section 20 | Monetary Relief – Compensation for losses including medical expenses, loss of earnings, maintenance, etc. |
| Section 21 | Custody Order – Temporary custody of children to the victim. |
| Section 22 | Compensation Order – Compensation for physical and mental torture. |
| Section 23 | Interim and Ex Parte Orders – Court can grant urgent relief without hearing the opposite party initially. |
2. Criminal Remedies under Bharatiya Nayaya Sanhita (BNS)
A woman can also file a criminal case for domestic violence and cruelty.
Relevant BNS Sections:
| Section | Provision |
|---|---|
| Section 85 BNS | Husband or his relatives subjecting a woman to cruelty – Cognizable and non-bailable offense. |
| Section 323 BNS | Punishment for voluntarily causing hurt. |
| Section 351 BNS | Criminal intimidation. |
| Section 74 BNS | Assault or criminal force to outrage modesty of a woman. |
| Section 80 BNS | Dowry death – when death occurs within 7 years of marriage under suspicious circumstances. |
3. Maintenance under Bharatiya Nagarik Suraksha Sanhita, Section 144
- A woman can claim maintenance from her husband if he neglects or refuses to maintain her.
- Applicable to wife, child, and parents.
- Fast and summary remedy for financial support.
4. Divorce and Other Civil Remedies
Under personal laws (Hindu, Muslim, Christian, etc.), a woman facing domestic violence can:
- File for judicial separation or divorce.
- Seek maintenance/alimony under relevant personal laws.
- Claim custody of children.
5. Filing a Complaint – How to Proceed
Where to File:
- Nearest Police Station – File FIR under BNS (e.g., 85).
- Magistrate’s Court – Under PWDVA through a Protection Officer or a lawyer.
- Women’s Helpline (181) or National Commission for Women (NCW) – For initial assistance.
Documents Required:
- FIR or NC complaint copy
- Medical records (if injured)
- Proof of residence
- Marriage certificate or proof of relationship
6. Role of Protection Officers and NGOs
- Protection Officers are appointed by the state to assist victims in filing applications under PWDVA.
- NGOs and women’s shelters provide counseling, legal aid, and temporary shelter.
Recent Judicial Trends & Support
- Courts have recognized live-in relationships for protection under DV Act (e.g., Indra Sarma v. V.K.V. Sarma).
- Supreme Court and High Courts have emphasized speedy trials, interim relief, and dignified treatment of survivors.
Important Helplines and Contacts:
- Women’s Helpline (24×7): 181
- Police Emergency: 100
- NCW Complaint Cell: http://ncw.nic.in/
- Legal Aid: District Legal Services Authority (Free legal aid available)
Add a Comment