Protection from Domestic Violence in India

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) was a deliberate move away from a purely criminal model. It gives women a civil remedy — protection orders, residence orders, monetary relief and child custody — that can be invoked alongside, or entirely without, any criminal prosecution.

• Who can apply: Any woman who is or has been in a domestic relationship (marriage, live-in, family member) with the respondent can seek protection.
• Definition of domestic violence is broad — includes physical, sexual, emotional, verbal, economic abuse, and harassment for dowry.
• Protection Orders: A Magistrate can pass a Protection Order prohibiting the respondent from committing further violence, entering the shared household, contacting the victim, or alienating shared assets.
• Residence Orders: A woman cannot be evicted from the shared household (even if she owns no share in it) — the Magistrate can order the respondent to leave the shared household.
• Monetary Relief: The Magistrate can direct the respondent to pay for medical expenses, loss of income, and damage to property.
• Custody Orders: Interim custody of children can be granted simultaneously.
• Protection Officers and Service Providers: Every district has a Protection Officer (under the PWDVA) and empanelled NGOs to assist victims in filing applications and accessing shelters.
• Criminal remedy (BNS s. 85): A husband who subjects a wife to cruelty (physical or mental) faces up to 3 years' imprisonment and fine — this can be pursued alongside civil protection.