Question

Which remedy is uniquely provided under the Protection of Women from Domestic Violence Act, 2005, that goes beyond traditional legal recourse?

• A. Immediate arrest of the accused
• B. Protection order with comprehensive support to the victim
• C. Free and mandatory counseling for both parties
• D. Permanent restraining order

Hint:

The innovation of the PWDVA lies in its focus on the victim's immediate needs and safety. The right to reside in the shared household (residence order) is one of its most powerful and unique provisions, not found in other laws.

Answer 1

The Correct Option is B

Step 1: Overview:
The Protection of Women from Domestic Violence Act (PWDVA), 2005, offers civil remedies distinct from criminal law (like the IPC). The question seeks a unique remedy under this Act.
Step 2: Analysis:

(A) Immediate arrest: Arrest is a criminal law power (CrPC), not a primary civil remedy under PWDVA. Arrest under PWDVA occurs only for protection order breaches.
(B) Protection order with comprehensive support: This is the most unique remedy. Section 18 allows a Protection Order prohibiting domestic violence. Crucially, this can be combined with a residence order (allowing the woman to stay in the shared household), monetary relief, custody orders for children, and compensation orders. This single-package of civil reliefs is unique.
(C) Free and mandatory counseling: Counseling is possible, but not mandatory for all parties in all cases.
(D) Permanent restraining order: Restraining orders are possible, but duration is court-determined, not automatically permanent. Comprehensive support is the key distinction.
Step 3: Conclusion:
The ability to provide a Protection Order alongside associated reliefs (residence, financial, custody) in a single civil action is a unique feature of the PWDVA, exceeding traditional legal avenues.