Question

One of the most innovative features of the Protection of Women from Domestic Violence Act, 2005, is:

• A. Criminal prosecution of primary accused only
• B. Financial penalties for victims
• C. Right to residence and comprehensive relief to the aggrieved
• D. Public shaming of perpetrators

Hint:

Remember that the Domestic Violence Act is primarily a civil law, focusing on providing immediate relief and protection (like the right to stay in the home) rather than immediate punishment (like imprisonment), which is the domain of criminal law (e.g., Section 498A of the IPC).

Answer 1

The Correct Option is C

Step 1: Introduction:
The Protection of Women from Domestic Violence Act (PWDVA) of 2005 offers civil remedies to domestic violence victims. Its novelty stems from its broad definitions and extensive relief measures.
Step 2: Analysis:
Let's examine the provided features:

(A) Criminal prosecution of primary accused only: Incorrect. The PWDVA is primarily a civil law, with criminal aspects limited to breaches of protection orders.
(B) Financial penalties for victims: Incorrect. The Act provides financial assistance to the aggrieved woman, not penalties.
(C) Right to residence and comprehensive relief to the aggrieved: This is a key innovative aspect. The Act established a woman's right to reside in a shared household (Section 17), preventing eviction. It offers diverse reliefs: protection orders, residence orders, financial aid, custody arrangements, and compensation, all accessible through a single application.
(D) Public shaming of perpetrators: This is not a legal remedy provided under the Act or any other formal law in India.
Step 3: Conclusion:
The most innovative and impactful aspects of the PWDVA (2005) are the recognition of the right to reside in a shared household and the provision of a wide array of civil remedies.