Domestic Violence Law in India: How to Get Protection Under PWDVA 2005

Domestic violence is not just physical beatings. Under Indian law, it includes emotional abuse, financial control, sexual coercion, threats, and intimidation within a household. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is one of the strongest domestic violence laws in the world — and most women who need it don't know it exists.

Who is Covered Under PWDVA 2005?

The Act protects any woman who is or has been in a domestic relationship with the abuser. This includes:

• Wife or ex-wife
• Live-in partner or ex-partner
• Mother, sister, or other female relatives living in the shared household
• Women in a relationship in the nature of marriage

The abuser can be a husband, male partner, in-laws, or any member of the shared household.

What is "Domestic Violence" Under the Act?

The PWDVA defines domestic violence very broadly:

• Physical abuse: Causing bodily pain, harm, injury, or danger to life
• Sexual abuse: Any conduct of a sexual nature that humiliates, degrades, or violates dignity
• Verbal and emotional abuse: Insults, ridicule, humiliation, repeated threats to cause pain
• Economic abuse: Depriving woman of financial resources, preventing her from working, disposing of her property

Protection Order — Stops the Abuser Immediately

A Protection Order from the Magistrate can prohibit the abuser from:

• Committing any act of domestic violence
• Contacting you in person, by phone, email, or through relatives
• Entering your workplace or children's school
• Coming within a certain distance of you

Violation of a Protection Order is a criminal offence punishable with imprisonment.

Residence Order — You Cannot Be Thrown Out

A Residence Order prevents the abuser from dispossessing you from your shared home. You have the right to continue living in the matrimonial home even if you do not own it. The court can also direct the abuser to provide alternate accommodation.

Monetary Relief

The court can award monetary relief including:

• Loss of earnings due to domestic violence
• Medical expenses
• Maintenance for you and your children
• Loss of property

How to Reach the Protection Officer (Free Service)

Every district has a Protection Officer — a government official whose job is to help domestic violence victims. Services are completely free:

• Help you file a Domestic Incident Report (DIR)
• Assist in obtaining shelter home accommodation
• Connect you with medical facilities
• Help you file an application before the Magistrate

Contact your district's Social Welfare Department or Women and Child Development Department to find the Protection Officer.

How to File a Complaint

1. Approach the Protection Officer or a registered service provider (NGO)
2. Or directly file an application before the Magistrate under Section 12 PWDVA
3. The Magistrate can grant an ex-parte interim order (without the abuser being present) within days of receiving your application
4. You can also call the Women Helpline: 181

IPC Section 498A: Cruelty by Husband or Relatives

Section 498A IPC makes cruelty by a husband or his relatives a cognizable, non-bailable offence punishable with up to 3 years imprisonment. "Cruelty" includes conduct that drives a woman to suicide or causes serious harm, and harassment connected to dowry demands.

Free Legal Aid via NALSA

The National Legal Services Authority (NALSA) provides free legal aid to women in domestic violence cases. Call 15100 to reach your State Legal Services Authority and get a free lawyer assigned to your case.