DNA Explainer: What is India's Domestic Violence Act and why is Honey Singh booked under it

Earlier this week, famous rapper Honey Singh’s wife, Shalini Singh filed a 118-page petition with numerous charges against her husband and his parents. Shalini’s accusations detail incidents dating as far back as 2011 when the couple spent their honeymoon vacation in Mauritius. 

She has accused Honey Singh aka Hridesh Singh of emotional, physical and mental abuse. Her allegations range from physical violence, alleged extramarital affairs and refusal to acknowledge the marriage in public. The allegations also include claim of alleged sexual assault by her father-in-law. 

Shalini Singh has filed a case against Honey Singh under Section 12 of the Protection of Women from Domestic Violence Act, 2005. Here’s how the law provides relief for victims of domestic violence and abuse.

#YoYoHoneySingh's wife #ShaliniTalwar accuses him of #DomesticViolence , 'sex with multiple women' - know detailshttps://t.co/vOGDXFOf78

— DNA (@dna) August 3, 2021

Protection of Women from Domestic Violence Act

Enforced on October 26, 2006 by the Government of India and Ministry of Women and Child Development, the Protection of Women from Domestic Violence Act, 2005 is a civil law meant for protection orders for domestic violence victims seeking relief.

The Act was the first time that the term “domestic violence” was defined under the Indian law. The Act broadens the definition of domestic violence to not just physical assault but also abuse that is emotional/verbal, sexual or economic in nature.

What is Section 12 of DVA, 2005?

As per Section 12 of the Protection of Women from Domestic Violence Act, a person who believes they are a victim of domestic abuse can reach out to the Magistrate to seek relief of one or more kinds. Under the act, this application can also be filed by a Protection Officer or any other person acting on behalf of the aggrieved party.

Before passing any order on such an application by an aggrieved person, the Magistrate has to take into consideration any report of domestic incident that he receives from the Protection Officer or the service provider.”

The reliefs that an aggrieved person can apply for under the Section include an order for compensating for the “injuries caused by the acts of domestic violence” committed by the accused individual.

Under Section 12 of DVA, 2005, the Magistrate shall fix the first hearing on a date which “shall not ordinarily be beyond three days from the date of receipt of the application by the court.”

The Magistrate will attempt to dispose of any such application withing 60 days from the date of the first hearing. In disposing of such an application, a respondent can be ordered to “pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person” that was a result of domestic violence.

Such orders, while not limited to, may include relief like compensation for loss of earnings, medical expenses, loss due to “destruction, damage or removal of any property” from an aggrieved person’s control and any maintenance.

Shalini Singh's application against Honey Singh

Stating that there is evidence of incidents of domestic abuse perpetrated against her, Shalini has sought Honey Singh to be put under court orders and filed a claim for Rs 10 crores under the Protection of Women from Domestic Violence Act. The rapper has been ordered to not alienate or create any third-party rights in their jointly owned home in Noida, or to dispose of his wife's jewellery and other belongings.

She also requested the court to order the singer to pay a monthly rent of Rs 5 lakh for fully furnished housing in Delhi, so that she could live independently and not be reliant on her widowed mother. As of now, Honey Singh hasn't responded to the petition.