Answer By law4u team
The Protection of Women from Domestic Violence Act, 2005 (PWDVA), is primarily designed to protect women from domestic abuse within a shared household. It specifically protects the aggrieved woman and does not extend its coverage to other family members, including parents. However, other laws and provisions exist to protect parents and elderly family members from abuse.
Can Parents of a Woman Be Protected Under DV Law?
PWDVA Protects Only Women as Aggrieved Persons
The Act defines the aggrieved person as a woman who is or has been in a domestic relationship with the respondent. Parents of a woman are not covered under PWDVA unless they themselves qualify as aggrieved women in a domestic relationship.
Parents Cannot File DV Complaints as Per PWDVA
Since the Act is gender-specific and relationship-specific, parents cannot file complaints under PWDVA for abuse they face in the family.
Protection Under Other Laws for Parents
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007: Parents can seek maintenance if they face neglect or abuse from their children.
- Indian Penal Code (IPC) Sections 498A and 323: In cases of physical or mental cruelty by children or relatives, parents can seek remedies under these provisions.
- Elder Abuse Laws: Some states have specific provisions or rules addressing abuse or neglect of elderly persons.
Parents Can Support DV Cases as Witnesses
While parents cannot be aggrieved parties, they may provide evidence or support in domestic violence cases involving their daughter or other family members.
Legal Remedies Available to Parents
- File for maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act.
- Approach the police or civil courts for cases involving physical abuse or neglect.
- Seek protection orders or injunctions under relevant laws if immediate threat exists.
- Access government schemes and NGOs supporting elder rights and protection.
Example
Scenario:
An elderly mother is abused and neglected by her son and daughter-in-law, including verbal insults and denial of basic needs.
Steps She Should Take:
- File a maintenance application under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
- Lodge a police complaint under IPC sections related to cruelty or physical assault.
- Approach a local senior citizens’ welfare organization for assistance.
- Seek legal aid if unable to afford private counsel.
- Document all instances of abuse and neglect for evidence.
