Experience of Women with DOMESTIC VIOLENCE ACT 2006

Social Issues Gender issues

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Why in news?

A study was conducted recently by the Tata Institute of Social Sciences (TISS) to describe the experiences of women seeking justice under the Protection of Women from Domestic Violence Act, 2006 (PWDVA).

What are the findings of the study?

Who uses the act and when

71% of women who filed cases under the PWDVA were between the ages of 18 and 35 years.
Although the PWDVA has broadened the definition of domestic relationship, 93% cases were filed by married women.
Most were filed against husbands and/or in-laws.
Only around 7% of the women were not married at the time of filing.
The majority of women identified as homemakers.
After married women, widowed women are the most prominent users of the act.
Most women do not approach the court initially, but they attempt family or community-based interventions.

Stakeholder responses

The Government of Haryana has institutionalised a network of protection-cum-prohibition officers in each of its districts.
Most women said they were aware of the presence of the protection officer (PO),and 59% of them reported that the PO had helped them file the domestic incident report (DIR).
The availability of full-time dedicated POs in police stations could be an important factor for the unusually large number of cases filed in Haryana.
Only 29% women who had filed cases under the PWDVA were aware of their right to legal aid.

Court response

Interim relief was hailed as one of the most important provisions of the act, as it recognises that women need immediate legal relief from the violence.
But this provision has been underutilised.
It was granted in only 28% of the cases in which it was sought.
The monetary relief sought was also disproportionate to the monetary relief granted.
Like interim relief, ex parte orders are also an important feature of the act. However, ex parte relief was granted in only few cases.
Delayed proceedings and women’s experiences - The PWDVA stipulates a 60-day deadline for the disposal of cases.
However, from the available court records, it appears that in only 1% cases, the final orders were passed within 60 days.
Only 4% of women were satisfied with the orders they received.
Around 49% of women stated that they faced financial difficulties due to the court cases, which is also linked to the large number of withdrawn and dismissed cases.
Overwhelmingly, stakeholders and women reported that the severe judicial delays were the most challenging part of the quest for justice