Commentary on the Protection of women from Domestic Violence Act

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Description
Domestic violence, the creation of the society with its roots being very deep in the socio-cultural system, is a form of human rights violations and is an impediment in the development of women folk. Domestic violence, which not only adversely affects the health of a woman but can also cause mental agony, has become a global phenomena and is the most pernicious and insidious form of violence. The womenfolk suffer domestic violence in silence because of the social norms and also because of economic dependence of majority of the women folk on the perpetrators of such violence. In this scenario the Protection of Women from Domestic Violence Act is one of the important legislations which have been brought up since independence for the protection of the women folk.
As per the preamble of the Act, the aim of the Act is to provide for more effective protection of the rights of women guaranteed under the Constitution to those women who are victims of violence of any kind occurring within the family. Under the Act, “Aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent; while “domestic relationship” means  a  relationship  between  two  persons who live or have, at any point of time,  lived  together  in  a shared household, when they are related by consanguinity, marriage,  or through a relationship in the  nature  of  marriage,  adoption  or  are family members living together as a joint family.
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Table of Contents
Chapter 1. Preliminary
Chapter 2. Domestic Violence
Chapter 3. Powers and Duties of Protection Officers, Service Providers, Etc.
Chapter 4. Procedure for Obtaining Orders of Reliefs
Chapter 5. Miscellaneous
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Author Details
Dr J N Barowalia topped in the Himachal Pradesh Judicial Services Competitive Examination and served as Sub Judge-cum-Judicial Magistrate for about seven years as Senior Sub Judge-cum-Chief Judicial Magistrate from July 1984 to October 1994 and since April 1995 he worked in the Higher Judicial Services. He served as District and Sessions Judge, Incharge of Kullu and Lahaul Sessions Division (1997-99), Una Sessions Division (1999-2001) and Kangra Sessions Division at Dharamshala (2001-2002). He had been Principal Secretary to Hon'ble Chief Justice-cum-Registrar, High Court of Himachal Pradesh from June 2003 to December 2006 and thereafter Principal Secretary (Law)- cum-Legal Remembrancer to the Government of Himachal Pradesh from December 2006 till his retirement on 30 June 2008. He is practicing Advocate in the High Court of Himachal Pradesh since July 2008. He has presided over a number of National Lok Adalats in the High Court of Himachal Pradesh and had also been appointed as sole Arbitrator in a number of arbitration cases by the High Court of Himachal Pradesh and the State Government.
A prolific writer, Dr Barowalia's books titled Commentary on the Narcotic Drugs and Psychotropic Substances Act, Commentary on the Right to Information Act, Commentary on the Consumer Protection Act, Cyber Law and Cyber Crimes, Commentary on the Himachal Pradesh Land Revenue Act, Commentary on the Information Technology Act, Commentary on the Himachal Pradesh Panchayati Raj Act have received overwhelming response from Hon'ble Judges, learned Advocates and the students of Law alike. His book titled Commentary on the Domestic Violence Act is under publication. Hon'ble Mr Justice R S Pathak, former Chief Justice of India, has observed, “Dr Barowalia represents that classical breed of judicial officers who are inclined to proceed beyond the limited confines of daily judicial work into the broadening experience of multi-dimensional intellectual activity".
Dr J N Barowalia is a Guest Faculty of National Judicial Academy, Bhopal; National Centre for Good Governance, Mussoorie; SVP National Police Academy, Hyderabad; Lal