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The Protection of Women from Domestic Violence Act, 2005 provides for a civil remedy to the wife unlike Section 498A which is purely criminal in nature.


A brief history of The Protection of Women from Domestic Violence Act, 2005:-

General Recommendation XII (1989) was passed by the U.N Committee on the Elimination of Discrimination against Women.

Following Articles of Convention of Elimination of All Forms of Discrimination Against Women (CEDAW) compelled the state parties to enact appropriate legislation protect women against violence :-
Article 2 :- Policy Measures
Article 5 :- Guarantee of basic human rights and fundamental duties
Article 11 :- Employment
Article 12 :- Health
Article 16 :- Marriage and Family life

India Ratified CEDAW in 1993

In 2002 the Protection from Domestic Violence Bill was considered in the Lok Sabha and referred to a Department Standing Committee of the Ministry of Human Resource Development in the Rajya Sabha

The committed submitted its 124th report on the protection of domestic violence bill, 2002

It primarily aimed at providing a remedy under the civil law which is intended to preserve the family and at the same time provide protection to victims of domestic violence

The D.V. Act was eventually passed into law as act 43 of 2005



The act primarily focuses on providing civil remedies as per Chapter IV of the Act. Key reliefs that a Magistrate can grant under the Act are :-

1. Protection Orders (Section 18)
2. Residence Orders (Section 19)
3. Monetary Relief (Section 20)
4. Custody Orders (Section 21)
5. Compensation Orders (Section 22)

Being said that there is a caveat. Breach of Protection Order or an interim Protection Order can pull Section 31 and 32 of the Act, which states such a breach as a Non-Cognizable and Non-Bailable offence.

The act was enacted to ensure safety of women however, today it is primarily used to exploit and extort husbands. As much as I appreciate the thought behind the enactment of the Act I cannot unsee the sheer discrimination against husbands who end up losing their jobs, savings, mental peace, suffer societal shame in the name of “Protection of Women”

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