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September 10, 2025

Domestic Violence and Legal Recourse: A Study of the Protection of Women from Domestic Violence Act, 2005

MKM. KumariIndian Institute of Technology Roorkee

Key Points

The protection of women from domestic violence act provides a legal framework to combat domestic violence in India, ensuring women's rights and safety.
Key provisions include protection orders, residence orders, and monetary relief for victims and their dependents, aiming to address various forms of abuse.
The study reveals challenges in implementation, including perceptions of bias and the misuse of provisions, highlighting a need for improved awareness.
A comprehensive approach is crucial for achieving the Act's vision, emphasizing the importance of societal change alongside legal frameworks.

Abstract

The Protection of Women from Domestic Violence Act, 2005, is a landmark legislation aimed at addressing and mitigating the pervasive issue of domestic violence in India, a problem deeply rooted in social and cultural practices. This study provides an in-depth analysis of the Act's provisions, highlighting its role in protecting women from various forms of abuse. The Act emerges from the constitutional framework of India, specifically aligned with Articles 14, 15, and 21 of the Indian Constitution, which uphold the principles of equality, non-discrimination, and the right to live with dignity. Recognizing domestic violence as a violation of these fundamental rights, the Act redefines domestic violence in broad terms, encompassing abuse inflicted not only by spouses but by other family members within shared households. The study further explores the causes and manifestations of domestic violence in India, such as dowry-related issues, societal expectations, and economic dependencies, as well as the unique challenges faced by women in rural and urban areas. The Act provides several protective measures, including protection orders to prevent further abuse, residence orders ensuring the victim’s right to remain in the shared home, and monetary relief to cover medical, educational, and maintenance expenses for both the victim and her dependents. Additionally, it includes provisions for the temporary custody of children to safeguard their welfare amid domestic conflict. Despite its strengths, the Act faces challenges in its implementation. There are concerns about the misuse of provisions, particularly by women in certain contexts, which has led to a perception of bias against men. The Act’s comprehensive approach marks a shift in Indian legal history, yet the study emphasizes the need for societal change, better awareness, and stricter enforcement to achieve the Act’s vision of a safer, more equitable society for women.

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