Abstract

Indian women have been victims of domestic violence since time immemorial. Worldwide, domestic violence has always been a ubiquitous concern, yet, under-addressed. This research critically examines the shortcomings of the Protection of Women from Domestic Violence Act, 2005, while also analysing Section 498A of the Indian Penal Code, now Sections 85 and 86 of Bharatiya Nyaya Sanhita. Although the 2005 Act guarantees various protections to women, in practicality, it fails to fulfil those. For example, Sections 31 and 32 of the Act are rendered ineffective due to the reluctance of police in filing FIRs, tolerant penalties and unregulated authority given to the Protection Officers. Moreover, judicial delays further exacerbate the situation. Through NFHS-5 data, this paper analyses the socio-economic determinants of domestic violence in India, namely, education, poverty, alcohol consumption and the engraved patriarchal norms in the society. Through this, it has been inferred that domestic violence is not merely a legal problem, but a structural one. This paper also discusses how the Indian legal system is gender-exclusive and leaves out men and the entire queer community, the Act's very name itself being the Protection of "Women" from Domestic Violence Act. The Indian domestic violence laws have been compared to foreign legislations such as those of South Africa, the United Kingdom, the United States and Canada. This study recognises the loopholes in the Domestic Violence Act and proposes certain recommendations: stringent penalties, specialised police departments, courts particularly for domestic violence cases, statutory recognition of psychological and emotional abuse, enhancement of support and rehabilitation infrastructure, and gender-inclusive protections. These recommendations aim to transform the Indian legislation on Domestic Violence into a more robust and effective one, to ensure the safety and dignity of every individual.

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