Patriarchy norms and the Law: Landmark judgments in combating Domestic Violence in India

Patriarchy is a structure of social relations in which men hold power, control resources and make all the decisions. ‘Reviews of cross cultural research shows that all cultures distinguish between behaviours considered appropriate for male and female and they reinforce it through socialization process. It is considered more desirable for women to be sensitive, tender, warm, affectionate, polite and submissive to the need of others. Both women and men tend to go into their gender stereotypical occupations.’ Physical violence against women is linked to gender role expectations or upholding the socially sanctioned norms and practices. Indian society has largely been a patriarchal society but Indian woman is today more educated and carving out a career in different areas like teaching, journalism, entrepreneurs, medical field etc. As women are assuming greater role in public life there needs to be a change in the age old traditions, norms, mindset of the people in the society. The Protection of Women from Domestic Violence Act is enacted in 2005 to provide for effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring with in the family and for matters connected therewith. The courts have acknowledged that domestic violence results from gender inequality and patriarchal control. The courts have contributed to protecting and furthering the concerns of women through their judgments. The objective of the paper is to examine key judicial pronouncements in addressing issue of domestic violence within the framework of patriarchy. This paper involves qualitative legal research.