Section 5 of the Protection of Women from Domestic Violence Act, 2005 -Mandatory Duties of Authorities to Inform the Aggrieved Woman
Section 5 of the Protection of Women from Domestic Violence Act, 2005 outlines the responsibilities of authorities such as police officers, Protection Officers, and service providers when they are approached by a woman facing domestic violence. This provision ensures that aggrieved women are not left unaware of the remedies and support available to them under the law.
Obligation to Provide Information
According to Section 5, when a woman reports domestic violence or seeks assistance, it is mandatory for the concerned officials to inform her about her legal rights and available remedies under the Act. This duty applies to:
- Police officers
- Protection Officers appointed under the Act
- Service providers, including NGOs, medical institutions, and shelter homes
These individuals must ensure the woman understands the types of relief she can seek under the law.
Types of Reliefs to Be Informed About
The following legal remedies must be explained to the aggrieved woman:
- Protection Orders (Section 18): For preventing further acts of violence
- Residence Orders (Section 19): Securing her right to reside in the shared household
- Monetary Relief (Section 20): Financial support for expenses and losses
- Custody Orders (Section 21): Temporary custody of children
- Compensation Orders (Section 22): For physical, mental, or emotional injury
- Free Legal Aid: As available under the Legal Services Authorities Act, 1987
- Filing of Criminal Complaint: Under Section 498A IPC or other relevant laws
Importance of Section 5
This section plays a crucial role in ensuring access to justice and immediate support for victims. It removes barriers such as lack of legal knowledge, fear, and helplessness by requiring authorities to guide the victim appropriately. The provision reflects the protective and victim-oriented nature of the legislation, making the legal system more responsive and accessible to women facing abuse.