Retrospective Application Of Protection Orders In DV Act

Introduction

It is well known that legislation which changes substantive rights is to be prospective in application so as not to punish acts which were lawful when performed. But legislation that seeks to promote social welfare and redress systemic imbalances often challenges this tenet.The Protection of Women from Domestic Violence Act, 2005 (DV Act), is a prime example of this exception. Since its enforcement on 26th October, 2006, courts have frequently grappled with a critical jurisdictional question, i.e., whether a Magistrate can pass protection and residence orders based on acts of domestic violence or domestic relationships that occurred entirely before the Act came into force. The judiciary has resolved this by recognizing a limited, de facto retrospective application, focusing on the ongoing consequences of past abuse rather than treating the statute as a strictly prospective code.