Ladies there is some incredible great news to share. It has finally been passed.
The Protection of Women from Domestic Violence Act 2005 has come into effect. Ministry of Women and Child Development has issued a notification to bring it into force from as early as 26th October, 06.
This Act was passed last year and was assented to by our very Honorable President on 13th September, 2005.
Please read the following. It says it all.
The Protection of Women from Domestic Violence Act 2005 will come into effect from tomorrow. Ministry of Women and Child Development has issued a notification to bring it into force from 26th October, 06. The Act was passed by the Parliament in August last year and assented to by the president on 13th September, 2005. But implementation was pending as detailed consultation were required with the State and other agencies for framing the rules.
Primarily meant to provide protection to the wife or female live-in partner from violence at the hands of the husband or male live-in partner or his relatives, the law also extends its protection to women who are sisters, widows or mothers. Domestic violence under the act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic.
Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.
The Ministry has simultaneously issued another notification laying down the rules framed for the implementation of the Act. These rules provide for, among other things, appointment of protection officers, service providers and counselors. Action to be taken in the event of the respondent breaching the protection order passed by the Magistrate in favour of the aggrieved woman is also prescribed in these rules. Both the notifications will become available on the Ministry’s website http://www.wcd.nic.in from 26th October.
Smt. Renuka Chowdhury, Minister of State for Women and Child Development has said that the Bill will go a long way to provide relief to the women from domestic violence and get their due. The Ministry has requested all State Governments and Union Territories to ensure that the necessary administrative arrangements are immediately put in place for the commencement of the Act, she added.
The salient features of the Protection from Domestic Violence Bill, 2005 are as follows:
• The Bill seeks to cover those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption; in addition relationship with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to get legal protection under the proposed Bill.
• `Domestic violence’ includes actual abuse or the threat of abuse that is physical, sexual, verbal, emotional and economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.
• One of the most important features of the Bill is the woman’s right to secure housing. The Bill provides for the woman’s right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household. This right is secured by a residence order, which is passed by a court. These residence orders cannot be passed against anyone who is a woman.
• The other relief envisaged under the Bill is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance from the domestic violence.
• The draft Bill provides for appointment of Protection Officers and NGOs to provide assistance to the woman w.r.t medical examination, legal aid, safe shelter, etc.
• The Bill provides for breach of protection order or interim protection order by the respondent as a cognizable and non-bailable offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both.
Similarly, non-compliance or discharge of duties by the Protection Officer is also sought to be made an offence under the Act with similar punishment.
This will provide immense relief to all those women who endure physical abuse. Legally also it will give them their due and rights. To some extent it will put an end to the atrocities the woman/wife/live-in partner suffers at the hands of a violent man. It will safeguard and benefit marriages and relationships from violent domestic abuse.
A man will think not once or twice but a Million times before raising his hand on any woman. Not only him but also the instigators mostly his relatives, will also be in trouble for any violent abuse physically or even verbally hurled on the woman. Thus, it will safeguard, benefit and restore the tranqulity of marriages and relationships from any violent domestic abuse.
From the bottom of my heart I want to thank all the people who have worked selflessly day and night to make this possible. It is solely their efforts that this milestone has been achieved. Also to the President and our government who were instrumental in passing this and bringing it into effect.
The Dynamic Victorious Act is here …..for a Better Tomorrow
Spread the word……to Save the indian familes, Save the indian women, Save the children, Save the mankind for a very Bright Future