Which one of the following statements is not true of the Protection of women from Domestic Violence Act, 2005?
Relief may be sought only against the husband or a male live-in partner with whom the woman has lived in a domestic relationship.
Understanding the Protection of Women from Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is a significant legislation in India aimed at providing comprehensive protection to women against domestic violence. It defines domestic violence broadly and provides various remedies, including civil reliefs, to safeguard women.
Analyzing the Statements on the Domestic Violence Act, 2005
Let's carefully examine each statement provided in the options concerning the Protection of Women from Domestic Violence Act, 2005 to determine which one is not true.
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Statement 1: This Act provides civil remedies to protect a woman subjected to domestic violence.
This statement is true. The Act specifically provides for civil remedies such as protection orders, residence orders, monetary relief, custody orders, and compensation orders, which can be sought from a Magistrate's Court.
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Statement 2: Only women can make a complaint under this legislation.
This statement is true. The Act defines an 'aggrieved person' as "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". This clearly indicates that only a woman can be the aggrieved person filing a complaint under this Act.
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Statement 3: Relief may be sought only against the husband or a male live-in partner with whom the woman has lived in a domestic relationship.
This statement is not true. While relief can certainly be sought against the husband or a male live-in partner who is or has been in a domestic relationship with the aggrieved woman (defined as 'respondent'), the Act does not limit the 'respondent' only to these individuals. The definition of 'respondent' under the Act also includes "any adult male person who is, or has been, in a domestic relationship with the aggrieved person". Furthermore, the definition allows a complaint to be made against "a relative of the husband or the male partner" and even extends to a female relative if the complaint relates to "any act of domestic violence". Therefore, relief can be sought against other adult male relatives or even female relatives in certain circumstances, not just the husband or male live-in partner.
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Statement 4: The Act includes not just wives but also women in marriage-like relationships.
This statement is true. The definition of 'domestic relationship' in the Act is broad and includes relationships in the nature of marriage, besides blood relationships, relationships through marriage, or through adoption, where the parties have lived together in a shared household.
Conclusion: Identifying the Incorrect Statement
Based on the analysis of each statement and the provisions of the Protection of Women from Domestic Violence Act, 2005, the statement that is not true is the one claiming that relief may be sought *only* against the husband or a male live-in partner. The Act allows relief to be sought against a broader category of individuals.
Therefore, the statement that is not true is: "Relief may be sought only against the husband or a male live-in partner with whom the woman has lived in a domestic relationship."
| Statement | Truthfulness based on PWDVA, 2005 | Reason |
|---|---|---|
| Provides civil remedies | True | Act includes protection orders, residence orders, monetary relief, etc. |
| Only women can complain | True | 'Aggrieved person' is defined as a woman. |
| Relief only against husband/male partner | Not True | Relief can be sought against other adult male relatives and even female relatives. |
| Includes wives and women in marriage-like relationships | True | 'Domestic relationship' includes relationships in the nature of marriage. |
Revision Table: Key Aspects of Domestic Violence Act 2005
| Feature | Details under PWDVA, 2005 |
|---|---|
| Aggrieved Person | Any woman who is, or has been, in a domestic relationship with the respondent. |
| Respondent | Any adult male person in a domestic relationship with the aggrieved person. Can also include relatives of the husband/male partner, including female relatives in certain contexts of domestic violence. |
| Domestic Relationship | Includes relationships by consanguinity, marriage, or adoption, or in the nature of marriage, or family members living together in a shared household. |
| Domestic Violence Definition | Includes physical, sexual, verbal, emotional, and economic abuse. |
| Types of Relief | Protection Orders, Residence Orders, Monetary Relief, Custody Orders, Compensation Orders. |
Additional Information: Domestic Violence Act 2005 Scope
The Protection of Women from Domestic Violence Act, 2005 is a significant piece of legislation that broadened the scope of legal protection available to women facing violence within the domestic sphere. It moved beyond just physical violence and included other forms of abuse like emotional, verbal, sexual, and economic abuse. The Act also recognised relationships outside formal marriage, such as live-in relationships, offering protection to women in such unions.
The Act designates Protection Officers and service providers to assist the aggrieved women. The legal proceedings under this Act are designed to be relatively speedy, typically heard by a Judicial Magistrate of the first class or a Metropolitan Magistrate.
Understanding who can be a 'respondent' is crucial. While the primary focus is often on the husband or male partner, the law is drafted to include others within the domestic setup who may perpetuate violence. This includes mothers-in-law, sisters-in-law, fathers-in-law, brothers-in-law, and other relatives who share a domestic relationship with the aggrieved woman.
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