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: Understanding the Concept:
The Protection of Women from Domestic Violence Act (PWDVA), 2005, was designed to provide civil remedies that were not available under traditional criminal law (like the IPC). The question asks for a unique remedy under this Act.
Step 2: Detailed Explanation:

(A) Immediate arrest of the accused: Arrest is a power under criminal law (CrPC), not a primary remedy under the civil PWDVA. An arrest can only happen under PWDVA if a protection order is breached.
(B) Protection order with comprehensive support to the victim: This is the most unique and comprehensive remedy. A Protection Order under Section 18 can prohibit the abuser from committing any act of domestic violence. More importantly, this can be combined with other orders like a residence order (allowing the woman to stay in the shared household), monetary relief, custody orders for children, and compensation orders. This single-window, comprehensive package of civil reliefs is unique to this Act.
(C) Free and mandatory counseling: The court can direct the parties to counseling, but it is not mandatory for both parties in every case.
(D) Permanent restraining order: While restraining orders can be issued, their duration is determined by the court and they are not automatically permanent. The "comprehensive" nature of the support is the most distinct feature.
Step 3: Final Answer:
The ability to grant a Protection Order along with a suite of other supportive reliefs (residence, monetary, custody) in a single civil proceeding is a unique feature of the PWDVA that goes beyond traditional legal recourse.