Crucial Bills And Amendments for IAS Prelims 2017: Domestic Violence Act, 2005

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Crucial Bills And Amendments for IAS Prelims 2017: Domestic Violence Act, 2005

Crucial Bills And Amendments for IAS Prelims 2017: The Union Public Service Commission (UPSC) will conduct the civil services (CS) preliminary examination on June 18 this year. It is one of the most esteemed and toughest exams in the country. With a success rate of 0.1- 0.3 percent of the total percentage of candidates who apply, it is really difficult to nail the examination.

Crucial Bills And Amendments for IAS Prelims 2017: HIV and AIDS (Prevention and Control) Bill-2014

 

This article covers some of the most important Bills and Amendments which will help you for your upcoming IAS Prelims Preparation.

 

Crucial Bills And Amendments for IAS Prelims 2017: Domestic Violence Act, 2005

Today, we will discuss the bill. Below mentioned is the explanation of the the next topic i.e Domestic Violence Act, 2005.

Domestic Violence Act, 2005

The Protection of Women from Domestic Violence Act (PWDVA), instituted in 2005, is a legislation aimed at protecting women from violence in domestic relationships.

Some Important Definitions

Domestic Violence – The term ‘domestic violence’ has been used in widest sense which covers all forms of physical, sexual, verbal, emotional and economic abuse that can harm, cause injury to, endanger the health safety, life, limb or well-being either mental or physical of the aggrieved person.

Aggrieved person includes any woman who is or has been in a domestic relationship with the respondent and who alleges to have been subjected to domestic violence by them. (See Section 2(a) of the PWDVA)

Respondent includes any adult male who has been or is in a domestic relationship with the aggrieved woman, and against whom the woman has sought a relief or any male or female relative of the husband or male partner of a married woman or a woman in a relationship in the nature of marriage.

Domestic relationship is any relationship 2 persons have lived together in a shared household and these people are:

  • related by consanguinity (blood relations)
  • related by marriage.
  • Though a relationship in the nature of marriage (which would include live-in relationships)
  • Through adoption
  • Are family members living in a joint family.

Features

The following are some other important aspects that the Act covers.

  • Under the Act, victims should be provided with adequate medical facilities, counselling and shelter homes as well as legal aid when required.
  • Counselling, as directed by the magistrate, should be provided to both the parties involved, or whichever party requires it, as ordered.
  • Under the Act, Protection Officers should be appointed by the government in every district, who preferably should be women, and should be qualified. The duties of the Protection Officer include filing a domestic incidence report, providing shelter homes, medical facilities and legal aid for the victims, and ensuring that protection orders issued against the respondents are carried out.
  • Protection orders for the victim’s safety can be issues against the respondent, and includes for when he commits violence, aid or abets it, enters any place which the victim frequents or attempts to communicate with her, restricts any form of assets of the victim or causes violence to people of interest to the victim.
  • The magistrate may choose to restrict the respondent from the place of residence of both the parties if they feel that it is for the safety of the victim. Additionally, the respondent cannot evict the victim from the place of residence.
  • The respondent has to provide relief to the victim to compensate for loss, including loss of earnings, medical expenses, any expenses incurred due to loss of property by destruction, damage or removal, and maintenance of the victim and her children.
  • Custody of children should be granted to the victim as required, with visiting rights to the respondent if necessary.

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Here, we conclude our article on Crucial Bills And Amendments for IAS Prelims 2017. Stay tuned with us for the rest of the topic that we will discuss day by day. 

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