Question

Identify the correct statements regarding the salient features of Protection of Women From Domestic Violence Act:
A. Monetary relief may be given to the aggrieved woman to meet the expenses or loss.
B. Stopping woman from carrying on her employment does not amount to domestic violence.
C. Insulting on not bringing dowry is not covered in this Act as there is another specific Act on Dowry.
D. Every aggrieved women shall have the right to reside in shared household.
Choose the correct answer from the options given below:

• A. A & B Only
• B. B & C Only
• C. A & D Only
• D. C & D Only

Hint:

The PWDVA is unique because it provides the Right to Residence and covers Economic Abuse, which includes preventing a woman from working.

Answer 1

The Correct Option is C

Concept:

• The Protection of Women from Domestic Violence Act (PWDVA), 2005, is a progressive civil law intended to provide protection and support to women facing abuse within a domestic relationship.
• It defines domestic violence broadly to include physical, sexual, verbal, emotional, and economic abuse.
• The Act provides various reliefs like protection orders, residence orders, and monetary relief.

Step 1: Evaluate Statement A - Monetary Relief
Under Section 20 of the PWDVA, the Magistrate can direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved woman and any child as a result of domestic violence. This includes medical expenses and loss of earnings.
Thus, Statement A is correct.

Step 2: Evaluate Statement B - Employment and Abuse
Economic abuse is defined under Section 3 of the Act. Forcing a woman to leave her job or preventing her from taking up employment constitutes a form of economic and emotional abuse. Therefore, the statement that it "does not amount to domestic violence" is legally incorrect.
Thus, Statement B is incorrect.

Step 3: Evaluate Statement C - Dowry Harassment
While the Dowry Prohibition Act exists, the PWDVA specifically includes "harassment by way of unlawful demand for any dowry" under the definition of verbal and emotional abuse. It provides an additional civil remedy to the victim.
Thus, Statement C is incorrect.

Step 4: Evaluate Statement D - Right to Residence
Section 17 of the Act provides that every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title, or beneficial interest in the same.
Thus, Statement D is correct.

Step 5: Final Selection
Since only A and D are correct, the matching option is (C).