Our Constitution guarantees equality of status and opportunity to men and women. It directs the state to make provisions of both general and special nature for the welfare of women and their empowerment. Though nearly half of the population of the country consists of women, still they are the worst subject of inequalities, disadvantage and disabilities in our society as a whole because ours is a male dominated society.

The Human Rights Protection Act was enacted in the nineties to protect human rights. The right against domestic violence has been recognized as a human right. To implement this right, the Protection of Women from Domestic Violence Act was enacted in 2005 (hereinafter briefly referred to as “The Act”). In this Act the acts of assault on women, custody of children, maintenance and other intra related matrimonial problems have been dealt with.

The phenomenon of domestic violence is widely prevalent in our society but it has remained invisible largely in public domain. Though a woman is subjected to cruelty by her husband or his relatives there is remedy under the Indian Penal Code, but the civil law does not address this aspect completely and it is therefore that the Legislature has given birth to the D.V. Act

The Act covers those women who are or have been in relationship with the abuser where both parties lived together in a shared household and are related by marriage or through a relationship in the nature of marriage or adoption. Further, members living together as joint family are also included. Those women even who are widows, mothers, single women or sister living with the abuser are entitled to the legal protection under the Act. However, the Act does not enable any female relatives of the husband to file a complaint under the Act against the wife or his female partner.

“Domestic Violence” as defined in the Act includes actual abuse or threat that is physical, sexual, verbal, emotional or economic including dowry demands from the women or her relatives. It also provides for separate housing for her and maintenance to her and the children. It also gives wide powers to the Magistrate to pass protection order in favour of aggrieved person like restraining him from entering the work place or any other place frequented by the aggrieved person or her ward, attempting to communicate with her, isolating any assets used by both the parties and causing violence against the aggrieved person, her relatives or others who provide her protection from such violence. It needs mention here that for the purpose of maintenance the term “wife”includes “divorced wife” The Act thus seek to achieve the above objects. Thus the Act provides for more effective protection of the rights of women guaranteed under our Constitution who are the victims of violence of any kind prevalent in our societal family setup and for matters that are connected therewith or incidental thereto.

The aggrieved person can lodge the complaint with the Protection Officer under the Act or before the Magistrate.

Though the Act deals with many related subjects and is a good piece of legislation, yet some provisions are loosely drafted and are not free from ambiguity. The Act cannot be termed as either wholly civil or criminal and though only Magistrate (who deals with criminal matters only) is empowered the Act portends to be civil in nature. Anyhow, be that as it may, it is definitely a brilliant piece of legislation if due regard is had that it intends to translate the international obligation of our nation. Moreover we should not fail to take notice of the fact that it is a benevolent legislation intended to ameliorate the women from age-old shackles to which they were cruelly subjected.