The Protection of Women from Domestic Violence Act, 2005 (PWDVA), is a comprehensive civil law that provides protection and relief to women who are victims of domestic violence. The Act defines domestic violence broadly to include not only physical violence but also emotional, verbal, economic, and sexual abuse. The Act is a civil remedy — it provides for protection orders, residence orders, monetary relief, custody orders, and compensation orders — and operates in addition to (not in derogation of) criminal remedies under the Indian Penal Code.

In Kolkata, the PWDVA is a crucial legal tool for women facing domestic violence. The Act enables an aggrieved woman to approach the Magistrate directly and seek protection without the necessity of filing a criminal complaint. The Magistrate can pass a range of orders to protect the woman — from restraining the abuser from committing further violence to directing the abuser to provide alternate accommodation and monetary relief. The Act also provides for the appointment of Protection Officers and recognized Service Providers who assist the woman throughout the legal process.

Under the Act, domestic violence includes: (a) physical abuse — acts that cause bodily pain, harm, or danger to life, limb, or health; (b) sexual abuse — any conduct of a sexual nature that abuses, humiliates, degrades, or otherwise violates the dignity of the woman; (c) verbal and emotional abuse — insults, ridicule, humiliation, name-calling, threats; (d) economic abuse — deprivation of financial resources, disposal of household assets, denial of access to the shared household or stridhan (woman's property); and (e) any other act that harms or injures the woman's physical or mental health or safety. The definition of "domestic relationship" is broad and includes relationships arising from marriage, family relations, joint family, and relationships in the nature of marriage (live-in relationships). The respondent can be any adult male person in a domestic relationship with the aggrieved woman, and in certain cases, female relatives of the male respondent can also be made respondents.

Kolkata has a network of shelter homes, crisis centers, and support services for women facing domestic violence. The West Bengal government, in collaboration with the Central government and NGOs, operates several facilities:

Swadhar Greh Scheme: Operated by the Ministry of Women and Child Development, Swadhar Greh provides shelter, food, clothing, counseling, and vocational training to women in distress. In Kolkata, Swadhar Greh homes are located in various parts of the city and provide temporary accommodation (typically 6 months to 3 years) for women who have no family support or are facing domestic violence. The homes offer a safe and supportive environment where women can rebuild their lives, receive counseling, learn vocational skills, and access legal aid.

One Stop Centres (Sakhi Centres): The Government of India's One Stop Centre scheme (Sakhi) provides integrated support to women affected by violence in private and public spaces. The centres offer medical assistance, legal aid, counseling, police assistance, and temporary shelter under one roof. In Kolkata, One Stop Centres are operational in various districts and provide 24x7 emergency response. Women can walk in or be referred by the police, hospitals, or NGOs.

West Bengal Commission for Women (WBCW): The WBCW operates a 24x7 helpline (1091) for women in distress and provides counseling, mediation, and legal assistance. The Commission can also recommend the government to provide shelter and relief to victims. Complaints can be filed online through the WBCW website or in person at their office in Kolkata.

NGO-Run Shelters: Several NGOs in Kolkata operate shelter homes and provide support services for women facing domestic violence. These include: Sanlaap (focused on trafficking survivors but also assists domestic violence victims), Swayam (feminist organization working on ending violence against women), and CINI (Child in Need Institute). These NGOs provide temporary shelter, counseling, legal aid, and rehabilitation services. They often work in collaboration with the government and the police to ensure that women receive comprehensive support.

Short Stay Homes: Operated by the Department of Women and Child Development, Government of West Bengal, short stay homes provide temporary accommodation (up to 1 year) for women in distress, including victims of domestic violence. These homes provide food, shelter, medical care, counseling, and vocational training.

State Home for Women, Kolkata: Located in the city, this government-run institution provides long-term shelter for women in distress, including victims of domestic violence who have no family support. The home provides comprehensive care and rehabilitation.

An aggrieved woman can seek protection and relief under the PWDVA through the following steps:

Step 1: Approach the Protection Officer. The PWDVA provides for the appointment of Protection Officers in each district. In Kolkata, Protection Officers are appointed by the State Government and are typically based at the office of the District Magistrate or the Department of Women and Child Development. The Protection Officer assists the woman in filing the complaint, preparing the Domestic Incident Report, informing her of her rights, and ensuring that she receives the necessary support (medical, legal, shelter). The Protection Officer can also assist in filing a complaint with the police if criminal offences are involved. The contact details of Protection Officers in Kolkata can be obtained from the District Magistrate's office or the police.

Step 2: File an Application Before the Magistrate. The aggrieved woman (or the Protection Officer on her behalf) files an application before the Judicial Magistrate, First Class (or Metropolitan Magistrate in Kolkata), under Section 12 of the PWDVA. The application must contain: (a) details of the domestic violence suffered, (b) the relief sought — protection order, residence order, monetary relief, custody order, compensation, (c) the names and addresses of the respondents, and (d) a list of documents and evidence. The application does not require any court fee — it is free of cost, ensuring access to justice for all women. The application can be filed in the court within whose jurisdiction: (i) the aggrieved woman resides (temporarily or permanently), (ii) the respondent resides, (iii) the cause of action arose, or (iv) the aggrieved woman was forced to leave and now resides. This wide choice of jurisdiction ensures that the woman is not compelled to approach a court that is inconvenient or inaccessible.

Step 3: The Magistrate's Orders. The Magistrate is required to dispose of the application within 60 days. The Magistrate can pass various orders: (a) Protection Order (Section 18) — restraining the respondent from committing acts of domestic violence, entering the workplace or school of the aggrieved woman, communicating with her, or alienating assets; (b) Residence Order (Section 19) — restraining the respondent from dispossessing the aggrieved woman from the shared household, directing the respondent to remove himself from the shared household, or directing the respondent to provide alternate accommodation; (c) Monetary Relief (Section 20) — directing the respondent to pay monetary relief to meet the expenses incurred and losses suffered as a result of domestic violence, including medical expenses, loss of earnings, and maintenance; (d) Custody Orders (Section 21) — granting temporary custody of children to the aggrieved woman; and (e) Compensation Orders (Section 22) — directing the respondent to pay compensation for the injuries, including mental agony and emotional distress, caused by domestic violence. Breach of a protection order by the respondent is a criminal offence, punishable with imprisonment of up to 1 year and a fine of up to Rs. 20,000, or both.