INTERPRETATION OF THE DOMESTIC VIOLENCE ACT 2005

Abstract

Violence against women are generally violation of fundamental freedoms and rights such as right to freedom, life and liberty, right to equality as mentioned in international charters and conventions. Violence against women can take many forms which can be public, physical, mental as well as domestic. This fear of violence restricts many women from participating more actively in public life and therefore denying them their right to equal status. Domestic Violence is a violence post-marriage where the other partner resorts to violent behaviour. Domestic violence can take place in any form of marriage as it can be in heterosexual, same-sex marriage or even with the child of a married couple. Domestic violence has a long history dating back to the 16th century where it is recorded in the English common law that it is treated as a crime against the whole community rather than against the particular individual who is victim of domestic violence as it is a breach of peace. In domestic violence the most common sort of violence is beating the partner. However, domestic violence can range from molestation to acid spilling on the face, as a result it can affect the victim’s mental health which may even lead the victim’s death in worst cases. According to various surveys conducted, women are the most vulnerable and the regular victims of domestic violence. Although, most of the times domestic violence goes unreported, many countries passed laws to stop and keep a check on it. Amongst those countries, India is one who also enacted a law against domestic violence in the year 2005 which goes by the name “The Protection of Women from Domestic Violence Act 2005”.This act starts with the definition of domestic violence, then it states the ambit of domestic violence and goes to lay down rules for the police officers, magistrates and the medical staffs andalso their respective duties.