by Police - Bureau of Police Research and Development

The Indian Police Journal• Speedy Justice to the VictimSpeedy justice is also ensured by the Act as it provides that thethe complaint and the case must be disposed of within a periodhas been provided that the proceedings must be in camera and exparte orders can also be passed if the other party does not appearbefore the Magistrate. 16• CounsellingThe Act provides for the counselling of the parties by a member ofa Service Provider at any stage of the proceedings. This provisionis relevant so far as the settlement of the dispute is concerned. 17• Penalty for the Breach or Protection OrdersThe Act provides that a breach of protection order or of an interimprotection order by the respondent is made as an offence. It ismade cognizable and non-bailable offence and the court canconclude on the sole testimony of the aggrieved person that theoffence has been committed. 18Drawbacks or Flaws in the Act • Danger of Failure and MisuseAlthough, the Act is well mentioned and designed to protect thewomen from curse of Domestic Violence, its implementation inour prevalent socio-economic and family environment seems tobe fraught with the danger of failure and misuse. The Act appearsto move on the presumption that all women are innocent,accommodating by nature and carry decent amicable disposition.On the other hand, vices and ill behaviour are solely the forte16See Section 12 and 13 of the Protection of Women from Domestic Violence Act, 2005.17See18See Section 32 of the Protection of Women from Domestic Violence Act, 2005.154 January - March, 2013