Likitha Sri Meka, a 3rd year student pursuing BBA LLB from Symbiosis Law School, Hyderabad. Read More
Abstract
The Protection of Women from Domestic Violence Act, 2005 (DV Act) remains a key landmark in India’s efforts to protect women from abuse through legislation. Sections 18 to 22 of the Act provide for vital remedies such as protection orders, residence orders, monetary relief, custody orders, and compensation. This article discusses recent landmark judgments passed in 2024, reflecting on the evolving judicial interpretation of these provisions.
The Bombay High Court affirmed a compensation of ₹3 crore under Sections 20 and 22 for economic abuse, showing the judiciary’s sensitivities toward the long-term effect of domestic violence. Similarly, the Delhi High Court reinforced women’s rights to reside in a shared household under Section 19 by setting a strong precedent for enforcing residence orders against familial resistance.
The Supreme Court has interpreted “domestic violence” under Section 18 broadly to include emotional and psychological abuse, further expanding the scope of protection offered by the Act. This article analyses these cases in detail and shows how courts are increasingly dealing with the complexities of domestic violence. The article further goes into the socio-legal impact of these judgments and makes suggestions to strengthen the Act to be more effective and also redress victims holistically and bring gender justice.
Keywords: Domestic Violence Act 2005, protection orders, residence rights, monetary relief
Introduction
The Protection of Women from Domestic Violence Act, 2005 (herein after called as DV Act), is landmark legislation for providing prompt and effective remedies to women facing domestic violence. Passed in response to the increasing recognition of domestic abuse as a widespread problem, the Act seeks to ensure the safety, dignity, and empowerment of women within their domestic settings. The DV Act defines domestic violence comprehensively to include physical, emotional, sexual, economic, and verbal abuse. Thus, the Act provides a multidimensional approach to address the unique challenges faced by victims.
Sections 18 to 22 are central to the remedial framework of the Act, which specifically outline legal remedies for victims. Section 18 empowers courts to issue protection orders to prevent further abuse. Section 19 provides for residence orders for the victim to stay in the shared household, and Section 20 grants monetary relief for financial hardships caused by abuse. Section 21 allows for custody orders for children to protect their welfare, and Section 22 allows courts to award compensation for physical and emotional harm suffered.
These provisions underscore the Act’s objective of providing immediate and holistic redress to victims while addressing the long-term consequences of abuse. Over the years, courts have played a pivotal role in interpreting and strengthening the enforcement of these sections, adapting them to contemporary societal needs. Sections 18–22 are important because they find a balance between the preventive, remedial, and compensatory aspects of justice, thereby building a strong response to domestic violence. This article examines how the judiciary has interpreted the provisions in recent landmark judgments from 2024 to judge their impact and relevance in achieving the objectives of the Act.
Recent Legal Developments
Section 18 (Protection Orders)
The Bombay High Court in Vithal Manik Khatri v. Sagar Sanjay Kamble @ Sakshi Vithal Khatri and Anr. (Writ Petition No. 4037 of 2021)[1] delivered a landmark ruling emphasizing the protection rights of transgender persons under the Domestic Violence Act, 2005. The court held that a transgender individual who has undergone gender reassignment surgery and identifies as a woman qualifies as an “aggrieved person” under Section 2(a) of the Act. The judgment therefore expanded the definition of “woman” to include transgender persons who have transitioned, in harmony with the object and purpose of the statute to provide protection of rights against violence within the domestic sphere.
Section 19 (Residence Orders)
In S. v. D.[2], the issue before the Delhi High Court was whether a woman should be allowed to stay in the shared household while balancing the right of other co-owners or stakeholders in the properties. The court restated that the right of an aggrieved person to remain in the shared household will be paramount, especially cases involving domestic violence, whether or not the shared household is owned by the respondent. This judgment highlighted the importance of protecting women’s rights while taking into due consideration the complexities of ownership of property.
Section 20 (Monetary Reliefs)
In Rajesh Sharma v. State of Haryana[3], the court looked into the quantum of maintenance provided under Section 20. The judgment emphasized that the quantum of maintenance should be reasonable, based on the respondent’s earning capacity, the standard of living of the aggrieved person, and the financial needs of dependents. It reiterated that monetary relief is meant to restore the dignity and economic independence of the aggrieved person without burdening the respondent.
Section 21 (Custody Orders)
Recent judgments in cases of interim custody orders have placed a strong emphasis on the welfare of the child as the paramount consideration. Courts are increasingly creating an environment conducive to the emotional and psychological well-being of the child, thus often granting custody to the parent better placed to provide a nurturing environment. These judgments highlight the focus of the judiciary in approaching a child-centric approach in dealing with disputes related to custody in cases of domestic violence.
Section 22 (Compensation Orders)
There has been a trend in Indian courts increasing compensation for psychological and physical distress in cases of domestic violence. Courts have come to realize the long-term effects of such abuse, and thus, they are now awarding compensation that reflects the harm suffered by the victim. Such awards include damages for emotional trauma, loss of opportunities, and physical injuries, and judgments have explicitly recognized the all-round effect of domestic violence.
Critical Analysis of Sections 18–22
Progressive Interpretations: Inclusion of Transgender Persons
The Bombay High Court, through its interpretation in Vithal Manik Khatri v. Sagar Sanjay Kamble @ Sakshi Vithal Khatri and Anr., has set a landmark precedent by recognizing the rights of transgender persons post-gender reassignment under Section 2(a) of the Act. This progressive interpretation would align with India’s emerging legal framework for transgender rights, especially after the judgment of National Legal Services Authority v. Union of India, which recognized the third gender. In taking the step toward inclusivity by extending protection to transgender persons, the judiciary has taken a definitive step in combating deep-rooted societal prejudices. However, such developments require administrative and infrastructural measures to enforce them properly. Many protection officers and law enforcement agencies do not possess the required sensitivity training for dealing with transgender persons and continue to fuel further discrimination.
Practical Implementation Challenges
Although the provisions under Sections 18–22 are all-inclusive, their practical implementation is full of problems:
- Section 18 (Protection Orders): The problem in obtaining and enforcing protection orders is procedural delay and lack of awareness among law enforcement officers. Courts have also observed that victims often face retaliation for seeking legal recourse, which undermines the efficacy of protection mechanisms.
- Section 19 (Residence Orders): The principle of the “shared household” often runs against property laws, and its especially so where the respondent’s family members own the residence. Things become even more complicated by the fact that alternative accommodations are not available for the aggrieved person, leaving many women vulnerable.
- Section 20 (Monetary Reliefs): Maintenance orders are usually plagued by delays in calculation, enforcement, and recovery. Most respondents defeat the orders by hiding their assets or declaring themselves insolvent, which leads to protracted litigation for the wronged parties.
- Section 21 (Custody Orders): Even though welfare remains the paramount consideration, balancing this with the rights of both parents often poses an issue for courts. However, in cases where substantiated domestic violence is proved, the courts face ambiguity regarding the respondent parent’s right to safe visit at ion while not exposing the child further.
- Section 22: Compensation Orders The judge prefers to award compensation, but the quantum determination is judicially vague. There is no leading case on quantifying non-economic loss such as psychiatric damages and wider stigmatization in society.
Recommendations
Judicial Training and Public Awareness
The successful implementation of the Domestic Violence Act (DVA) would require better judicial awareness and public sensitization.
a. Judicial Training
- Judges are crucial for interpreting and enforcing the Act. Judicial officers need training programs to ensure that they develop a better understanding of domestic violence, which includes physical, emotional, and economic abuse.
- Stay updated on changing social norms, especially those related to gender identity and the recognition of transgender individuals as reflected in the Vithal Manik Khatri case.
- Establish uniform policies for courts to provide monetary relief, custody, and compensation to avoid disparities.
- There should be special training workshops and recurrent refresher courses for judges.
- Liaison with organizations like UN Women and international bodies working for gender rights can ensure that Indian judicial trainings reflect global best practices.
Public Awareness Campaigns
The stigma attached to domestic violence often prevents victims from seeking legal recourse. Public awareness campaigns can:
- Educate people about their rights under the Act.
- Informthemaboutaccessto legal aid and support systems, suchas protection officers and shelter homes.
- Challenge societal taboos that normalize domestic violence.
- Utilizing digital media, community outreach programs, and partnerships with non-governmental organizations (NGOs) can amplify the reach of these initiatives.
- School and workplace programs to educate younger generations and employees about gender-based violence can further dismantle deep-rooted biases.
Legislative Amendments
While the DVA has been instrumental in addressing domestic violence, certain legislative amendments could strengthen its framework:
a. Expanding the Definition of Shared Household
The term “shared household” under Section 2(s) has been judicially defined and interpreted, which again gives a sense of confusion. Incorporation of the amendment would clearly include properties where the aggrieved person resides or has resided while the respondents are in rented, leased, or ancestral properties.
b. Timely Implementation of Orders
Delay in the implementation of orders under Sections 18–22 often leaves victims exposed to further harassment. Legislative steps could be taken:
Mandating a strict timeline for the issuance and enforcement of protection, residence, and monetary orders.
Creating an enforcement wing in the police force that deals specifically with DVA cases
- Imposition of Penalties for Non-Compliance
orders, such as monetary relief and compensation would serve as a deterrent. Courts should be given the powers to confiscate assets or impose wage garnishment against respondents who avoid their responsibilities to pay maintenance or compensation.
d. Compensation Guidelines Revision
Section 22 does not have detailed guidelines on compensation awards. The following amendments can be made:
- Providespecific parameters for assessing non-economic damages, suchas emotional and psychological harm.
- Institute a minimum threshold of compensation based on the nature and duration of
Procedural Issues
Victims are often deterred from filing cases or getting orders because of the complications in filing a case and obtaining an order. These procedures can be streamlined and legal aid services in family courts can be instituted to solve this problem.
3. Institutional and Structural Reforms
Institutional and structural reforms that are not legislative in character but strengthen the DVA’s implementation are:
a. Protection Officers’ Position Stiffening
The protection officers will ensure timely delivery of service to victims, and this can be made more effective by increasing the number of trained officers and giving them the necessary resources: transport, technology, and legal support.
b. Domestic Violence Courts
Specialized domestic violence courts with trained personnel can ensure expedited hearings and victim-sensitive procedures. These courts should be equipped to handle cases holistically, providing integrated services such as counseling, legal aid, and child support.
c. Collaborating with NGOs
NGOs have a significant impact on providing shelter, counseling, and legal support to victims. Legislative provisions that formally integrate NGOs into the Act’s framework can create a robust support system for victims.
Emergence of Issues
Some emerging challenges, which demand attention, include:
- Gender Inclusivity
- Rights of the LGBTQIA+ individuals alsoneed to be included under the DVA That is theconcernhighlightedthrough the Vithal Manik Khatri judgment,and provisions have to bemadefortacklingtheissuesregardingdomesticviolenceagainsthomosexualfamiliesandeven transgender families.
- Technology FacilitatedHarrasment
In the light of increasing cyberstalking and digital harassment, provisions in the DVA should encompass technology-facilitated abuse. Such victims can seek help through coordination with cybersecurity experts.
Conclusion
The Domestic Violence Act, 2005, has emerged as a landmark legislation in protecting the rights of victims of domestic violence, offering remedies under Sections 18–22 through protection orders, residence rights, monetary reliefs, custody arrangements, and compensation.
This article discusses the progressive role of the judiciary in dealing with these provisions with progressive interpretations and a victim-centric approach.Recent judgments, including the Vithal Manik Khatri case, have broadened the Act’s ambit to protect marginalized groups like transgender persons, showcasing the judiciary’s commitment to inclusivity. Similarly, rulings like S. v. D. emphasize the balance between property rights and victims’ rights to residence, while others, such as Rajesh Sharma v. State of Haryana, underscore the rationale behind determining monetary reliefs. These cases demonstrate the judiciary’s adaptability in addressing emerging societal challenges.
However, implementation gaps still persist, where procedural delays and inconsistent interpretations within jurisdictions bar victims from obtaining their rights. The judiciary will therefore play a crucial role, in tandem with legislative and institutional reforms, in filling such gaps. In the words of a conclusion, the judiciary acts as a critical balancer for ensuring that the Act does achieve its intended objectives. Embracing progressive interpretations and addressing systemic challenges, it reiterates its position as a protector of fundamental rights and a catalyst for social change. Continued judicial vigilance and systemic reforms will make justice possible for victims of domestic violence and reinforce the Act as a robust mechanism for redressal and protection.
Bibliography
- Delhi Government’s Overview of the Domestic Violence Act
Link: https://wcd.delhi.gov.in/scert/protection-women-domestic-violence-act-2005 - Punjab Government’s Domestic Violence Act Implementation Details
Link: https://sswcd.punjab.gov.in/ - Supreme Court of India – Official Judgments Portal
Link: https://main.sci.gov.in/ - National Commission for Women (NCW) Reports on Women’s Rights
Link: https://ncw.nic.in/ - Karnataka Women and Child Development Department – Resource Center
Link: https://dwcd.karnataka.gov.in/english - Government of India – Ministry of Women and Child Development Overview
Link: https://wcd.nic.in/ - Legal Services India – Protection of Women from Domestic Violence Act
Link: http://www.legalservicesindia.com/article/1918/Protection-of-Women-from-Domestic-Violence-Act,-2005.html - LiveLaw – Recent Judgments on Domestic Violence Act
Link: https://www.livelaw.in/ - Bar & Bench – Case Updates and Analysis
Link: https://www.barandbench.com/ - Indian Kanoon – Case Laws on Domestic Violence Act
Link: https://indiankanoon.org/ - Protection of Women from Domestic Violence Act, 2005, § 18–22, No. 43 of 2005, India Code (2005).
- Anil Malhotra & Ranjit Malhotra, Law & Justice: Domestic Violence in India, 45 Bar Rev. 123, 132 (2023).
- Aparna Bhat, Judicial Interpretations of Sections 18–22 of the Domestic Violence Act, J. Leg. Stud. 45 (2023).
- Aradhana Sharma, Monetary Relief Under Section 20 of DV Act: Jurisprudential Challenges, 15 U.J.S. L. Rev. 112, 115 (2023).
- Ashok Desai, Challenges in Implementation of Domestic Violence Legislation in India, Soc. L. J. 45, 57 (2022).
[1] Vithal Manik Khatri v. Sagar Sanjay Kamble @ Sakshi Vithal Khatri & Anr., Writ Petition No. 4037 of 2021 (Bom. HC 2024).
[2] S. v. D., (2024) Del. HC (unreported decision).
[3] Rajesh Sharma v. State of Haryana, 2024 Latest Caselaw 11674 (P&H HC).
