Conceptual Analysis of the Protection of Women from Domestic Violence Act, 2005

When we talk about crime against women, the first thing that appears in our mind is heinous offences which were recognized under the criminal laws. What is often neglected and unrecognized is the offences that were committed within the family. Domestic violence is present in most of the societies but it often goes unrecognized as it usually happened within the family. It is often tolerated by the victims because most of them do not want to exposed it and take recourse to law due to fear of losing family reputation. A careful reading of the Protection of Women from Domestic Violence Act, 2005 clearly show that the enactment is a women welfare legislation which provides quick and effective civil remedy against different forms of violence by their relatives. The act is wider in scope than any other previous legislation relating to women centric provisions such as Section 498 A IPC, Section 125 CrPC. Section 498 A IPC which provide cruelty by husband or relatives of husband, the explanation appended to section which defined Cruelty is very limited, it applies only to violence faced by married women at the hands of their husband and relative of husband. The definition neglects everyday violence faced by married women at the hands of other relative and by an unmarried women and children at their home as they face violence at hands of other male or female relatives. Section 125 CrPC provides maintenance of wives, children and parents. It only concern with the maintenance allowance payable. The said Act, however, provides various reliefs like residence order, protection order monetary reliefs etc to the aggrieved person.