DOMESTIC VIOLENCE ACT: CONTEMPORARY PERSPECTIVES AND CHALLENGES

AUTHOR – AYUSHMAN TRIPATHI* & DR. SUKRITI YADAV**

* LL.M (CRIMINAL LAW) SCHOLAR AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – AYUSHMAN TRIPATHI & DR. SUKRITI YADAV, DOMESTIC VIOLENCE ACT: CONTEMPORARY PERSPECTIVES AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 101-108, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Domestic violence, often concealed behind the veil of familial privacy, remains one of the most pervasive and underreported forms of human rights violations globally. In the Indian context, domestic violence is not confined to physical harm alone—it encompasses emotional, verbal, sexual, and economic abuse, frequently normalized within patriarchal structures. Recognizing the urgent need for comprehensive legal protection, the Indian Parliament enacted the Protection of Women from Domestic Violence Act, 2005 (PWDVA), marking a paradigm shift in addressing domestic abuse through civil law remedies.

This research paper aims to critically analyze the contemporary relevance of the PWDVA, its legal interpretation by Indian courts, and the practical challenges in its implementation across different socio-economic segments. While the Act provides significant reliefs such as residence rights, protection orders, and monetary compensation, its on-ground execution is hindered by systemic lapses—ranging from inadequate infrastructure to societal stigma and lack of awareness.  Furthermore, the paper delves into judicial precedents that have shaped the understanding of “domestic relationship” and “aggrieved person,” and evaluates the performance of institutional mechanisms like Protection Officers and shelter homes. Through a comparative legal analysis with other jurisdictions and a socio-legal lens, the study seeks to highlight the areas where the law falls short in protecting victims effectively.

Keywords Domestic Violence, PWDVA 2005, Women’s Rights, Human Rights Violations, Patriarchy, Legal Protection, Civil Remedies, Judicial Interpretation, Socio-Legal Analysis, Protection Officers, Implementation Challenges, Shelter Homes, Gender Justice, Legal Reforms, Comparative Legal Study