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Law Relating to Protection of Women from Domestic Violence

Law Relating to Protection of Women from Domestic Violence

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Description
Domestic violence is not unique to India, nor is it a recent phenomenon. But in India what is unusual is the resistance to its elimination by society at large and society's lack of recognition of it as a serious issue. What is recent is the courage of women to face up to domestic violence—not just women in organized groups but also fema'e victims who are well aware of the adverse consequences that "going public" will have on their lives. With the backdrop of the patriarchal social structure, the tradition of familial piety, and the asymmetrical gender expectations in India, this defiant movement to expose domestic violence has created the space for a national debate on the issue.
"Empowerment of Women" had been the favourite theme of the United Nations from its inception. In the beginning, it built momentum for women's rights all over the globe and having secured the same at an acceptable level, started targeting violence against women. Violence is recognized as a major impediment to the rights of women to participate fully in the society. Convention on the Elimiantion of All Forms of Discrimination against women, 1979 represents this shift in global perception. By 1992, it was accepted that discrimination on gender basis included "violence, which is directed against a women because she is a woman or which affects woman disproportionately". Consequent upon this perception "The Declaration on The Elimination of Violence Against Women" was adopted by the UN General Assembly on 20th December 1993. The General Assembly recognized that violence against women is "a manifestation of historically unequal power relations between men and women. It is an obstacle to the achievement of equality, development and peace". For this reason, The Declaration provided that "States should condemn violence against women and should not invoke any custom, tradition or religious consideration to avoid their obligations with respect to its elimination".
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Contents
Part 1 General Introduction
Part 2 Central Act and Rule
[A]

The Protection of Women From Domestic Violence Act, 2005
Chapter I Preliminary

1.  Short title, extent and commencement
2.  Definitions
Chapter II Domestic Violence
3.   Definition of domestic violence
Chapter III Powers and Duties of Protection Officers, Service Providers, etc.
4.  Information to Protection Officer and exclusion of liability of informant
5.  Duties of police officers, service providers and Magistrate
6.  Duties of shelter homes
7.  Duties of medical facilities
8.  Appointment of Protection Officers
9.  Duties and functions of Protection Officers
10.  Service providers
11.  Duties of Government
Chapter IV Procedure for Obtaining Orders of Reliefs
12.  Application to Magistrate
13.  Service of notice
14.  Counselling
15.  Assistance of welfare expert
16.  Proceedings to be held in camera
17.  Right to reside in a shared household
18.  Protection orders
19.  Residence orders
20.  Monetary reliefs
21.  Custody orders
22.  Compensation orders
23.  Power to grant interim and ex parte orders
24.  Court to give copies of order free of cost
25.  Duration and alteration of orders
26.  Relief in other suits and legal proceedings
27.  Jurisdiction
28.  Procedure
29.  Appeal
Chapter V Miscellaneous
30.  Protection Officers and members of service providers to be public servants
31.  Penalty for breach of protection order by respondent
32.  Cognizance and proof
33.  Penalty for not discharging duty by Protection Officer
34.  Cognizance of offence committed by Protection Officer
35.  Protection of action taken in good faith
36.  Act not in derogation of any other law
37.  Power of Central Government to make rules
 [B]
The Protection of Women From Domestic Violence Rules, 2006
Part 3 Human Rights of Women and Domestic Violence

Part 4 Relevant Extracts of Allied Laws
[A]  The Code of Civil Procedure, 1908
[B]  The Code of Criminal Procedure, 1973
[C]  The Dowry Prohibition Act, 1961
[D]  The Dowry Prohibition (Maintenance of Lists of Presents to The Bride and
      Bridegroom) Rules, 1985
[E]  The Indian Evidence Act, 1872
[F]  The Hindu Marriage Act, 1955
[G]  The Indian Penal Code, 1860
[H]  The Legal Services Authorities Act, 1987
[I]   The Muslim Personal Law (Shariat) Application Act, 1937
[J]   The Muslim Women (Protection of Rights on Divorce) Act, 1986
[K]  The Muslim Women (Protection of Rights on Divorce) Rules, 1986
Subject Index
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