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Compensation under Domestic Violence, 2005
« »03-May-2024
Source: Indian Express
Introduction
Recently the Supreme Court gave its judgment on deciding compensation given to domestic violence victims. The court said that the compensation must be based of severity of violence.
What is the Background of the Case?
- The petitioner in the case before the Supreme Court challenged the Rs 3 crore compensation awarded to his wife, contending that it should be proportionate to the damages suffered rather than based on his financial status.
- While Section 20 addresses monetary reliefs consistent with the aggrieved person's standard of living, the petitioner argues that Section 22 compensation should not be influenced by such considerations.
What is the Domestic Violence Act, 2005?
- The Domestic Violence Act, 2005, is a legislation enacted by Parliament of India to protect women from domestic violence.
- This act recognizes domestic violence as a violation of human rights and aims to provide a law for addressing the violence against women.
- The act defines domestic violence as physical, sexual, verbal, emotional, or economic abuse committed against a woman in a domestic relationship.
- This includes relationships such as marriage, live-in relationships, family relationships, and even relationships in the same household.
What is the Procedure under Domestic Violence, 2005?
| Procedure | Section |
| Application to Magistrate for relief | 12 |
| Service of notice on respondent | 13 |
| Counselling of parties | 14 |
| Assistance of welfare expert | 15 |
| In-camera proceedings | 16 |
| Protection orders | 18 |
| Residence orders | 19 |
| Monetary relief orders | 20 |
| Custody orders | 21 |
| Compensation orders | 22 |
| Interim and ex parte orders | 23 |
| Free copies of orders | 24 |
| Duration and alteration of orders | 25 |
| Relief in other suits and legal proceedings | 26 |
| Appeal | 29 |
What is the Provision for Compensation Order under Domestic Violence Act, 2005?
Section 22:
- In addition to other reliefs as may be granted under this Act, the Magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent.
Conclusion
As the Supreme Court deliberates on the issue of compensation in domestic violence cases, it faces the challenge of reconciling competing interests, the need to provide adequate relief to victims while holding perpetrators accountable. By adhering to legal principles and precedents while also recognizing the nuances of individual cases, the court can contribute to a fair and just legal framework for addressing domestic violence.