The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is the primary law protecting women from domestic violence in India. It covers physical, sexual, verbal, emotional, and economic abuse. It applies to married women, women in live-in relationships, and female relatives.
What Counts as Domestic Violence Under PWDVA?
- Physical abuse: Hitting, slapping, pushing, assault, harm to body
- Sexual abuse: Forced sexual acts, degrading sexual conduct
- Verbal and emotional abuse: Name calling, insults, humiliation, threats, stalking
- Economic abuse: Denying money for household expenses, taking away her earnings, preventing her from working, disposing of her stridhan
Who Can File a Complaint?
- The aggrieved woman herself
- Any person on her behalf (Protection Officer, police, NGO)
- A child or other relative cannot file independently but can be witnesses
You can file a PWDVA complaint even if you are still living with the abuser. You do not need to leave home to access protection.
Orders Available Under PWDVA
- Protection Order: Prohibits respondent from committing acts of violence, entering workplace, contacting via any means
- Residence Order: Prevents eviction from shared household; respondent may be directed to vacate
- Monetary Relief: For medical expenses, loss of earnings, damage to property
- Custody Order: Temporary custody of children
- Compensation Order: For mental torture and emotional distress
Emergency Contacts and Helplines
- National Domestic Violence Helpline: 181 (women helpline, 24/7)
- Police: 100 or 112
- NCW Helpline: 7827170170
- One Stop Centre (Sakhi): Available in every district — provides shelter, medical, legal, and police support at one location
Step-by-Step Process
Contact a Protection Officer or NGO
Every district has a Protection Officer appointed under the PWDVA. You can also approach NGOs registered as Service Providers. They help you file the Domestic Incident Report (DIR) and navigate the process without cost.
File a Complaint / Domestic Incident Report
File a DIR (Domestic Incident Report) with the Protection Officer, police station, or directly in the Magistrate court. Describe all incidents of violence — physical, emotional, economic, and sexual. Include dates and witnesses if any.
Apply for Emergency Relief
If in immediate danger, you can get same-day relief. Request an ex-parte Protection Order from the Magistrate — the court can pass it without hearing the other side if there is immediate danger. Police can also be directed to provide escort.
Attend Court Hearings
The Magistrate must dispose of the case within 60 days. Attend hearings — the court will hear both sides and may attempt mediation. Do not agree to mediation in serious violence cases.
Enforce the Order
If the abuser violates a Protection Order, it is a cognizable and non-bailable offence. File a police complaint immediately. The police must arrest without warrant for violation of a DV protection order.