The Hindu : Front Page : Domestic Violence Act takes effect today

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Thursday, Oct 26, 2006
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Domestic Violence Act takes effect today

Special Correspondent

It also covers harassment of a woman by way of dowry demands

NEW DELHI: The Protection of Women from Domestic Violence Act, 2006 comes into effect from Thursday, according to a notification issued by the Ministry of Women and Child Development.

Primarily meant to provide protection to the wife or a female live-in partner from violence at the hands of the husband or the male live-in partner or his relatives, the law also extends its protection to mother, sisters and widows.

The Act covers abuse or threat of abuse, whether physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to a woman or her relatives also come under this definition.

The Ministry simultaneously issued another notification, which lays down the rules for the implementation of the Act.

They provide for, among other things, appointment of protection officers, service providers and counsellors.

Action to be taken in the event of a respondent breaching the protection order passed by a magistrate in favour of the aggrieved woman is also prescribed under the rules.

The Act 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.

An important feature is a woman's right to secure housing. It provides for her 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.

The other relief envisaged is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act or 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 domestic violence.

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