Section 22 of the Protection of Women from Domestic Violence Act, 2005 – Compensation Orders
Section 22 of the Protection of Women from Domestic Violence Act, 2005 empowers the Magistrate to award compensation to an aggrieved woman who has suffered as a result of domestic violence. This provision ensures that victims are not only protected but also adequately compensated for the harm endured.
Purpose of Compensation Orders
The primary objective of Section 22 is to provide restorative justice by acknowledging the physical, emotional, and mental trauma inflicted on the victim. The compensation aims to address:
- Pain and suffering
- Emotional distress
- Physical injuries
- Loss of income
- Medical expenses and other related damages
This relief can be sought independently or in addition to other orders like maintenance or residence.
Powers of the Magistrate
Under this section, the Magistrate has the discretion to:
- Determine whether compensation is necessary based on the facts of the case.
- Decide the quantum of compensation based on the evidence presented.
- Pass compensation orders either on application (under Section 12) or as part of final reliefs in domestic violence proceedings.
These orders are enforceable like civil court decrees and must be complied with by the respondent.
Conclusion
Section 22 serves as a vital mechanism to address the long-term impact of domestic violence on women. By enabling courts to grant compensation, it reinforces the victim’s right to justice, healing, and rehabilitation beyond immediate protection.