The Approach To Domestic Violence In The Protection Of Women From Domestic Violence Act 2005

Abstract

The present act defined clearly the concepts it works with. As will be seen, the recognition of domestic violence as a crime has resulted in broadening the understanding of what domestic violence is, who may seek protection under the Act, and what type of protection may be sought. In its understanding of domestic violence itself, the present Act clearly scores over the former Bill. Under section 3 of the 2005 Act, domestic violence is defined in terms of mental, physical, sexual, verbal, emotional and economic abuse. The extent of domestic violence hence extends from physical hurt to emotional and economic blackmail and may be interpreted by courts and lawyers to include and punish marital rape as well. The 2002 Bill, however, only included habitual assault and 'cruelty', and exempted cases in which the assaulter committed the act in self defense, or in the protection of his property. The Act introduces the concept of a domestic relationship. This has broadened the scope of those who may ask for relief under the Act.