Sunday, June 26, 2011

Some Common Man Questions on “Protection of Women from Domestic Violence Act, 2005”? (PWDVA)

Some Common Man Questions on  “Protection of Women from Domestic Violence Act, 2005”? (PWDVA)

When PWDV Act became operational?

The PWDV act came in to force on the 26th of October 2006[entire India except J&K]

What is the objective of the Act?

Firstly, The PWDV act emphasizes a violence-free atmosphere and creates a social responsibility on the community at large to inform the authorities about domestic violence.

Secondly, The act also makes the government responsible for its effective implementation by ensuring it is given wide publicity. It is also the duty of the government to conduct sensitization training for the stakeholders of the Act. 

Who can seek remedy under PWDA act?

Only women can avail the remedies provided under this Act and this law also recognizes the rights of couples in informal relationships/ unmarried partners[live -in relationship] apart from formal relationship.

Whether men can seek relief under the PWDA act?

 No, only women can seek relief under the act.

Whether women can be made party [like 498 A IPC case ]? 
No remedies lies against women members &no remedies lies against parents of husband , if residing some other place.

 What is definition of Domestic Violence under PWDA act?

The Act provides a broad definition of violence and includes physical, sexual, verbal, emotional, and economic abuse within the ambit of domestic violence. 

Physical abuse:beating, causing bodily harm compromising physical and mental health of women.

Sexual Violence:forced sexual intercourse.

Verbal &emotional abuse: Insults ,ridicule or threats .

Economic abuse:Deprivation of  basic necessities of life or disposing house hold assets or jewelry without  women’s consent .

Which court distresses women can approach, as specified under act?

This is a civil law,but women can approach First Class Judicial Magistrate.

What kind of relief distresses women can claim under the PWDA act?
1.   Protection orders[S 18]
2.   Resident Orders [S 19]
3.   Monetary relief orders [S 20]
4.   Custody orders[S21]
5.   Compensation  order[S 22]
6.   Interim order or Ex parte order[S 23]

How long these orders will be force?

As long as women wants.

Whether accused can be arrested under this act?
 No,this is a civil law and aimed at providing support to women facing domestic violence.

What is the advantage of this law?

It is victim oriented law not a penal law, women does not solely depend on police to initiate action.

 Whether women can file case directly in Court?

Yes, she can file a case in magistrate court directly without seeking help of advocate in simple language or through protection officer [PO] appointed under the act or listed service provider [SP].

She has to file DIR[Domestic Incident Report ] as per prescribed format available with SP/PO  attach it with her application .

*see the website of Local Women &child Welfare Department of concerned state to know details about Protection Officer or Service Provider.

What is time limit under PWDV, Act:
A case filed under the provisions of PWDV Act  is supposed to be disposed of within 60 days of filing, with a view to providing women with quick access to justice. 

Applicability? 
The law recognizes the right of a woman to be free from domestic violence in her mothers’ [Natal] home as well as her in-laws [marital] home.



Whether “Right to reside in Shared House recognized under PWDV Act
The Act grants legal recognition to a woman’s right to reside in a ‘shared household’. 



Whether there is any penal provision under Act?

There is no penal provision, however if the any order is not complied, then accused can be arrested  under section 31.
There is also provision of imprisonment up to period of one year plus  fine Rs 20,000.
The magistrate can also take the case under 498 A of Indian Penal code 1872 in addition to the above.

Whether there is any provision for counseling ?
The court can direct counseling of both parties [S14]

Where does appeal lie?

The appeal lies in the session court against orders of Magistrate court with in the thirty days from the date of receipt of the order.

What is the time limit under act?

The proceeding should be completed with the sixty days[60]

 
References:


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LAW AND SOCIETY