A Critical Study of the Role of Magistrate under the Protection of Women from Domestic Violence Act, 2005

A woman in the contemporary world is susceptible to discrimination and violence. Discrimination coupled with violence are behavioural pattern which albeit is unavoidable but can be controlled by stringent and deterrent measures. Though half of the world's population comprises of women, still they suffer, inter alia the turmoil of domestic violence. Merciless beatings, shoving, battering, hurling of abuses and other physical as well as sexual violence against women transmogrified into ubiquitous regular behavioural pattern in the society which hardly leave any remorseful impact on the society. In Kundula Bala Subrahmanayam v. State of Andhra Pradesh , the Supreme Court adverted its very concern about the women harassment and torture. It is held that, of late there had been an alarming increase in case relating to harassment, torture, abetment of suicide and dowry deaths of young innocent brides. Considering furore for protection of women and amid judicial activism, The Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act) has been enacted. The ambit of the Act is very wide and the Courts of Magistracy are conferred with the pivotal task for safeguarding the interests of women victims of Domestic Violence. A very wide discretion is vested with the Magistrate to decide the cases under the Act. There are procedural lacunae under the Act which impedes the quick remedies under the Act.