Section 2: Definitions under the Domestic Violence Act, 2005 (2025)
Section 2 of the Protection of Women from Domestic Violence Act, 2005 provides crucial definitions that form the foundation for the implementation and interpretation of the Act. These definitions clarify the scope of the law and identify who can seek protection and who may be held responsible for acts of domestic violence.
1. Aggrieved Person
An “aggrieved person” is defined as any woman who is, or has been, in a domestic relationship with the respondent and who alleges that she has been subjected to domestic violence.
2. Child
The Act defines a “child” as any person below the age of eighteen years, including adopted, step, or foster children. This ensures protection for minors in violent domestic environments.
3. Domestic Relationship
A “domestic relationship” refers to a relationship between two persons who live or have lived together in a shared household. This relationship can be based on:
- Marriage
- Blood relations (consanguinity)
- A relationship in the nature of marriage (e.g., live-in)
- Adoption
- Joint family living
4. Respondent
A “respondent” typically refers to the adult male person who is accused of committing domestic violence. However, courts have clarified that female relatives of the husband or partner can also be respondents in certain cases.
5. Key Legal Terms
- Protection Order: Order passed to prevent further acts of violence (Section 18).
- Residence Order: Order to ensure the woman’s right to reside in the shared household (Section 19).
- Monetary Relief: Financial support granted for expenses and losses suffered (Section 20).
- Custody Order: Temporary custody of children (Section 21).
- Compensation Order: Compensation for mental and physical harm (Section 22).
6. Supporting Mechanisms
- Protection Officer: Appointed by the State to assist the court and the victim (Section 8).
- Service Provider: Recognized NGOs or organizations offering support and shelter.
These definitions are critical for ensuring that women facing abuse have access to legal remedies and protective mechanisms. They also help in holding the appropriate individuals accountable under the Act.