The Protection of Women from Domestic Violence Act, 2005 (PWDVA) was enacted on September 13, 2005, and came into force on October 26, 2006, to address the widespread issue of domestic abuse faced by women in India. Prior to this law, victims had limited legal recourse, relying mainly on Section 498A of the Indian Penal Code (IPC), which dealt with cruelty by husbands or relatives but lacked comprehensive civil remedies. The PWDVA was introduced to fulfill India's obligations under Article 15 of the Constitution (gender equality) and international commitments like the UN Convention on Elimination of All Forms of Discrimination Against Women (CEDAW).
Key Provisions Include:
Expansive definition of domestic violence, covering physical, sexual, emotional, verbal, and economic abuse.
Protection orders, residence orders, and monetary relief to ensure immediate safety and financial support for survivors.
Appointment of Protection Officers and Service Providers to assist victims in accessing legal and medical aid.
Right to reside in the shared household, even if the woman has no ownership rights.
Speedy remedies through Magistrate courts, with cases required to be disposed of within 60 days.
The Act is gender-specific, protecting only women in domestic relationships, and emphasizes preventive measures, victim support, and rehabilitation. It marked a significant shift in recognizing domestic violence as a human rights violation rather than just a private family matter.