The Protection of Women from Domestic Violence Act, 2005 (commonly referred to as the DV Act), which came into force on 26 October 2006, represents a watershed moment in Indian legislation aimed at protecting women from violence within the domestic sphere. Prior to this Act, domestic violence was addressed primarily through Section 498A of the Indian Penal Code (now Section 84 of the BNS), which dealt only with cruelty by a husband or his relatives. The DV Act dramatically expanded the scope of protection by covering a much wider range of relationships, recognising multiple forms of violence, and providing comprehensive civil remedies. According to the National Family Health Survey (NFHS-5, 2019-2021), approximately 29.3 percent of ever-married women in India aged 18 to 49 years have experienced spousal physical or sexual violence, underscoring the critical importance of this legislation.
Who Is Protected — The "Aggrieved Person": Under Section 2(a), an "aggrieved person" is any woman who is or has been in a domestic relationship with the respondent and who alleges to have been subjected to domestic violence. The term "domestic relationship" under Section 2(f) covers relationships by consanguinity, marriage, through a relationship in the nature of marriage, adoption, or as family members living together as a joint family. Significantly, the Supreme Court in Indra Sarma v. V.K.V. Sarma (2013) held that a "relationship in the nature of marriage" under the DV Act requires certain conditions to be met — the couple must hold themselves out to society as being akin to spouses, they must be of legal age to marry, they must have voluntarily cohabited, and they must have lived together for a reasonable period. Mere transient relationships do not qualify. In D. Velusamy v. D. Patchaiammal (2010), the Supreme Court laid down similar criteria, clarifying that live-in relationships do receive protection under the DV Act, subject to these conditions.
Forms of Domestic Violence — Section 3: The DV Act defines domestic violence expansively under Section 3 to include four distinct categories. Physical abuse means any act or conduct that causes bodily pain, harm, or danger to life, limb, or health, or impairs the health or development of the aggrieved person, and includes assault, criminal intimidation, and criminal force. Sexual abuse includes any conduct of a sexual nature that abuses, humiliates, degrades, or otherwise violates the dignity of the woman. Verbal and emotional abuse includes insults, ridicule, humiliation, name-calling, accusations regarding the character or conduct of the aggrieved person, preventing her from taking up employment, preventing or restricting her from communicating with her relatives, or threatening to cause harm to any person in whom the aggrieved person is interested. Economic abuse, a critically important category, includes deprivation of all or any economic or financial resources to which the aggrieved person is entitled, disposal of household effects or stridhan (a woman's personal property), prohibition or restriction on continued access to resources or facilities, and non-payment of rent or mortgage relating to the shared household.
The Concept of "Shared Household" — Section 2(s): One of the most significant and litigated provisions of the DV Act is the definition of "shared household" under Section 2(s). It means a household where the aggrieved person lives or has lived in a domestic relationship, either singly or along with the respondent, and includes such a household whether owned or tenanted by either of them, or jointly by any member of the household. In S.R. Batra v. Smt. Taruna Batra (2007), the Supreme Court initially took a narrow view, holding that a shared household must be one belonging to or taken on rent by the husband, or one that belongs to the joint family of which the husband is a member. However, in Satish Chander Ahuja v. Sneha Ahuja (2020), a later bench of the Supreme Court took a broader view, holding that the shared household includes any household where the woman has lived in a domestic relationship, regardless of whether it belongs to the husband or his relatives. This judgment significantly expanded the protection available to women, ensuring they cannot be arbitrarily evicted from a home they have shared during the domestic relationship.
Remedies Available Under the Act: The DV Act provides a range of civil remedies that can be sought individually or in combination. Protection Orders under Section 18 restrain the respondent from committing any act of domestic violence, aiding or abetting domestic violence, entering the workplace or educational institution of the aggrieved person, attempting to communicate with the aggrieved person, alienating any assets or bank accounts, causing violence to dependants or relatives of the aggrieved person, or committing any other act specified in the protection order. Residence Orders under Section 19 can direct the respondent to remove himself from the shared household, restrain him from dispossessing or disturbing the aggrieved person's possession, restrain him from alienating or disposing of the shared household, and direct the respondent to secure alternative accommodation for the aggrieved person or pay rent for the same. Monetary Relief under Section 20 covers loss of earnings, medical expenses, loss caused by destruction, damage, or removal of property, and maintenance for the aggrieved person and her children. Custody Orders under Section 21 may grant temporary custody of children to the aggrieved person. Compensation Orders under Section 22 direct the respondent to pay compensation for injuries including mental torture and emotional distress.
Filing Process — How to Seek Protection: The aggrieved person can file an application before the Magistrate under Section 12, either directly or through a Protection Officer. Protection Officers are appointed under Section 8 at the district level and play a crucial role in assisting the aggrieved person with filing applications, obtaining medical examination reports, ensuring the aggrieved person is provided shelter if needed, and providing legal aid. The Magistrate is required to make an endeavour to dispose of every application within sixty days from the date of its first hearing. Service providers — NGOs registered under the Act — can also assist the aggrieved person in filing applications and accessing shelter, medical, and legal services. Under Section 31, breach of a protection order by the respondent is a cognisable and non-bailable offence punishable with imprisonment up to one year, or a fine up to twenty thousand rupees, or both.
Law Forum India's Role in Supporting Survivors: Law Forum India partners with Protection Officers and local shelters in Bengaluru to support survivors of domestic violence. Our volunteers assist women in understanding their rights under the DV Act, help them connect with legal aid services provided by the Karnataka State Legal Services Authority, and conduct awareness sessions in communities to break the stigma around reporting domestic violence. We believe that awareness of legal rights is the first and most crucial step towards empowerment and safety.