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: Understanding the Concept:
The Protection of Women from Domestic Violence Act (PWDVA), 2005, was enacted to provide a civil remedy for victims of domestic violence. Its innovativeness lies in its broad definitions and the wide range of reliefs it provides.
Step 2: Detailed Explanation:
Let's evaluate the features mentioned:

(A) Criminal prosecution of primary accused only: This is incorrect. The PWDVA is primarily a civil law. The only criminal aspect is the prosecution for breach of a protection order issued under the Act.
(B) Financial penalties for victims: This is incorrect. The Act provides for monetary relief for the aggrieved woman, not penalties on her.
(C) Right to residence and comprehensive relief to the aggrieved: This is a core innovative feature. The Act was the first to legally recognize a woman's "right to reside in a shared household" (Section 17), preventing her from being thrown out of her home. It also offers a comprehensive package of reliefs, including protection orders, residence orders, monetary relief, custody orders, and compensation, all of which can be sought 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: Final Answer:
The recognition of the right to residence in a shared household and the provision of a wide range of civil reliefs are the most innovative and impactful features of the PWDVA, 2005.