Date of Notification of DV Act.
From media sources
Thursday, Oct 26, 2006
Domestic Violence Act takes effect today
It also covers harassment of a woman by way of dowry demands
NEW DELHI: The Protection of Women from Domestic Violence Act, 2006 comes into effect from Thursday, according to a notification issued by the Ministry of Women and Child Development.
Primarily meant to provide protection to the wife or a female live-in partner from violence at the hands of the husband or the male live-in partner or his relatives, the law also extends its protection to mother, sisters and widows.
The Act covers abuse or threat of abuse, whether physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to a woman or her relatives also come under this definition.
The Ministry simultaneously issued another notification, which lays down the rules for the implementation of the Act.
They provide for, among other things, appointment of protection officers, service providers and counsellors.
Action to be taken in the event of a respondent breaching the protection order passed by a magistrate in favour of the aggrieved woman is also prescribed under the rules.
The Act seeks to cover those women who are or have been in a relationship with the abuser, where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption, in addition relationship with family members living together as a joint family.
An important feature is a woman’s right to secure housing. It provides for her right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household.
This right is secured by a residence order, which is passed by a court.
The other relief envisaged is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act or domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance from domestic violence.
From today, law to shield women
26 Oct, 2006 l 0223 hrs ISTlTIMES NEWS NETWORK
NEW DELHI: A legislation that gives women, married or in live-in relationships, far reaching legal protection against abuse or “threat of abuse” comes into effect from Thursday.
The Protection of Women from Domestic Violence Act 2005, cleared by the President on September 13 last year, will finally be enforced.
The Act had attracted some criticism for being open to “manipulation” as it provides for wide-ranging powers to women.
But the law is primarily meant to provide protection to the wife or female live-in partner from violence at the hands of the husband or male partner or his relatives.
The ambit of the legislation has been widened to include persons who have “shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption in addition to relationship with family members… Even those women who are sisters, widows, mothers, single women or living with the abuser are entitled to get legal protection”.
Domestic violence under the Act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic, said a statement from the ministry of women and child development (WCD), which issued a notification on Wednesday to bring the act into force.
This also includes harassment by way of unlawful dowry demands to the woman or her relatives. WCD minister Renuka Chowdhury said, “The act will go a long way to provide relief to women from domestic violence and to get their due.”
The ministry has simultaneously issued another notification laying down the rules framed for implementation of the act which will provide for, among other things, appointment of protection officers, service providers and counsellors.
Besides physical violence of beating, slapping, hitting, kicking and pushing, the act also covers sexual violence like forced intercourse, forcing a wife or mate to look at pornography or any other obscene pictures or material and child sexual abuse.
It also includes verbal and emotional violence such as name-calling and insults. Preventing one’s wife from taking up a job or forcing her to leave a job are also under the purview of the act.
One of the most important features of the act is the woman’s right to secure housing, the statement said, adding that it provides a right to reside in the matrimonial and shared household, whether or not she has any title in the household.
The act provides for breach of protection order or interim protection order by the respondent as a cognisable and non-bailable offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to Rs 20,000 or both.
The other relief envisaged is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused and isolating any assets used by both the parties.
International Herald Tribune
Tough new law protecting Indian women against domestic violence takes effect
The Associated Press
Published: October 26, 2006
Men who beat, threaten or yell at their wives or live-in girlfriends could be jailed and fined under India’s first law specifically targeting the often-tolerated problem of domestic violence.
The new law, which took effect Thursday, also applies to men or their families who harass wives for larger dowries, the government said.
The measure aims to prevent cases in which a husband or his family kills a wife because her family did not give a big enough dowry.
The Domestic Violence Act defines abuse broadly, including verbal, physical, sexual, emotional and economic mistreatment. Violators face up to a year in prison, a fine of 20,000 rupees (US$435; €360), or both.
“We have been trying for long to protect women from domestic violence. In India, around 70 percent of women are victims of these violent acts in one or another form,” said Renuka Choudhury, the junior minister for women and child development.
Attitudes toward women, especially among educated urbanites, have changed considerably in the past few decades. But much of the country remains conservative, and many look the other way when husbands abuse wives.
The framers of the new law made provisions for abused women to complain directly to judges instead of police, who often side with men and rarely act on abuse complaints by women.
Now, when a woman files a complaint the onus is on the man to prove that he did not abuse his wife. The law also ensures the woman’s right to stay in the family home.
Women’s rights activists and civic groups welcomed the new law.
“It’s a victory for the women’s movement in this country which has been fighting for years for laws that protect the basic rights of women,” said Ranjana Kumari of the New Delhi-based Center for Social Research.
However, she said the law needs to be backed by adequate implementation funds to allow federal and state governments to pay for protection officers and provide legal aid and counseling.
“While this is a giant step forward, it will only be meaningful if government sets aside funds to provide shelter and protection to a woman against further abuse if she files a complaint,” Kumari said.
Describing the legislation as a “tool in the hands of millions of women in India,” she said women’s rights groups would soon launch a campaign to educate women about the law.
A U.N. Population Fund report said up to 70 percent of married women aged 15-49 in India are victims of beating or coerced sex.