Protection of Child Under Domestic Violence

No violence against children is justifiable - UNICEF

In accordance with the guidelines laid down by the UN organisation for protection of Children against abuse and domestic violence. The Domestic Violence Act, 2005, in compliance with such provisions of UN has placed a safeguard against the abuse of children of the victims under Domestic Violence act. The Act 43 of 2005 not only protect the woman from domestic violence but also protect the dependents of victims, especially children.

Object of Custody Order

Section 21 of Act 43 of 2005 protect the children of the victims against the Domestic Violence perpetuated against them. It entrust the temporary custody of the children of the mother who is victim of Domestic Violence. Any wrong committed against mother may affect the children directly or indirectly. Hence, the object is to protect the children from abuse to which the child may be subjected, directly or indirectly.

Reason Behind such Order

A natural presumption when it comes to the care of children is that mother would take care of her children than any other person. Hence, under section 21 of the Domestic Violence Act, secure the temporary custody of the children to the affected woman (mother of the child) while the application of the aggrieved person is being considered by the Magistrate.
If the situation deems fit an arrangement shall be made for the respondents to visit the children. Even then, if the Magistrate thinks fit that such visit by the perpetrators of Domestic Violence, is harmful or not in the interest of children, then the Magistrate shall refuse such visits by the respondents.

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