FAQs on The Law

Protection of Women from Domestic Violence Act, 2005 (PWDVA)

Learn more about India’s legislation protecting women to live lives free of violence. Through our partnership with the Ministry of Women and Child Development, we want to spread the word about the PWDVA, so that women across the country know their rights. Learn about your rights here!



The PWDVA exists to protect you and the women in your life! Recognizing and admitting the violence is the first step; Breakthrough recognizes how difficult this can be. The PWDVA is the second step. Protect your rights by using the Act. If you know someone who is a victim of violence, tell her about the benefits of the PWDVA. Read below for more information.

  1. What is the PWDV Act of 2005?
  2. What are the legal rights of a domestic violence victim?
  3. Where can I file a case on domestic violence?
  4. What if the abuser continues to commit violence or violates the orders passed by the court?
  5. Has the PWDVA been effective in India?
  6. How can I get more information about the PWDVA?

 

1. What is the PWDV Act of 2005? Back to top ↑

The Protection of Women from Domestic Violence Act 2005 includes actual or threatened abuse against women in their homes, including those of a physical, sexual, verbal, emotional or economic nature. This legislation is critical considering that more than two-thirds of married women between the ages of 15 and 49 have experienced some form of sexual or domestic violence, including being beaten, raped, or forced to provide sex.* Punishment for such acts includes a jail sentence of up to one year and a 20,000 rupee fine (approximately USD410). The new law also provides a share of the husband’s earnings and property to the victim, including medical costs.

* Source: The Independent, “India brings in first law to protect women from abuse.” Justin Huggler, October 27, 2006

2. What are the legal rights of a domestic violence victim? Back to top ↑

In 2005, the government of India passed new legislation on domestic violence call the Protection of Women from Domestic Violence Act 2005 (PWDVA). It is a civil law aimed at providing relief to million of women including wives, mothers, daughters and sisters affected by violence in their homes.

Through the PWDVA, affected women are entitled to

  • Protection: The magistrate can pass orders to stop the offender from
    • Aiding or committing violence within and outside the home
    • Communicating with the woman
    • Taking away her assets
    • Intimidating her family and those assisting her against the violence
  • Residence: The woman cannot be evicted form the shared household.
  • Monetary relief and maintenance: She is entitled to maintenance, including loss of earnings, medical expenses, and damage to property.
  • Compensation: She can claim damages for mental and physical injuries.
  • Custody: The court can grant her temporary custody of children.
  • Interim order/ex parte order: The court can pass an interim order to prevent violence before the final order. In the absence of the other party to the dispute, an Ex Parte order can be passed.
  • Legal service: Women have the right to free legal services under the Legal Services Authorities Act, 1987.

3. Where can I file a case on domestic violence? Back to top ↑

The woman or somebody on her behalf can file a Direct Information Report (DIR) with

  • The Protection Officer (PO), who is appointed by the government. The PO registers the DIR, presents it before the Magistrate and ensures that the orders passed by the court are enforced.
  • The Service Provider is a voluntary organization registered with the state government. They assist in filing the DIR with the PO, provide her with legal aid, medical care, counseling or any other support.
  • Police: The police file a criminal complaint under Section 498A of the IPC. On request the police will record a DIR under the PWDVA at the same time and forward the same to the magistrate.
  • Magistrate: The woman can directly approach the Magistrate’s court to file a DIR under the PWDVA. If the woman already has a pending case, then she can fill in an application under the PWDVA and file it as an “Interim Application” in the pending proceedings.

4. What if the abuser continues to commit violence or violates the orders passed by the court? Back to top ↑

Violation or not complying with the order of the court is a criminal offence under the PWDVA 2005. In such cases, the woman can complain to the magistrate or the police or the appointed Protection Officer. The abuser can be arrested following such a complaint, and necessary action would be taken against him.

5. Has the PWDVA been effective in India? Back to top ↑

Since the PWDVA has been enacted, many women have come forward to report incidents of violence. See below for more information on the PWDVA:

Results from the Evaluation Report (2007) by the Lawyers Collective Women’s Rights Initiative:

  • 10,000 cases have been filed under the Act since its inception
  • Maximum number of cases were filed in:
    • Rajasthan – 3,440
    • Kerala – 1,028
    • Andhra Pradesh – 73`
    • Delhi – 607
      • Least amount of cases that were filed:
        • Bihar – 64
        • West Bengal – 54
        • Jharkand – 13
        • Orissa – 12

6. How can I get more information about the PWDVA?Back to top ↑

We suggest that you visit the following sites with more information about the PWDVA.

  • Visit www.helplinelaw.com which gives further details about the Act and presents each stage of the process and the authorities’ responsibilities to victims of domestic violence.
  • Click here to read the rules of the PWDVA.
l