ANALYSIS OF DOMESTIC VIOLENCE IN OLD AGE ADULTS IN THE FAMILY

AUTHOR – PRIYASHA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, MUMBAI

BEST CITATION – PRIYASHA, ANALYSIS OF DOMESTIC VIOLENCE IN OLD AGE ADULTS IN THE FAMILY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (9) OF 2025, PG. 82-92, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of Amity Law School, Amity University, Mumbai and the Institute of Legal Education (ILE), titled “Emerging Trends in Law: Exploring Recent Developments and Reforms” (ISBN: 978-81-986345-1-1).

ABSTRACT

Domestic violence against elderly individuals within the family context constitutes a grave violation of fundamental rights, subjecting older adults to physical, emotional, financial, and sexual abuse. This abuse occurs in various forms and poses significant legal, social, and psychological challenges for victims, exacerbating their vulnerability and undermining their overall well-being. It is estimated that approximately one in six individuals aged 60 years and older experiences some form of abuse within the family. Moreover, the impact of such abuse is profound, severely affecting the health, dignity, and quality of the life of elderly individuals.

The objective of this research is to critically examine gaps and challenges faced in national legal frameworks that aim to address domestic violence against older adults in the family.

This paper also evaluates the effectiveness of existing legal remedies designed to protect older adults, such as restraining orders, guardianship provisions, and elder protection services. It explores the challenges elderly victims face in accessing justice, including fear of retaliation, social isolation, and cognitive impairments that hinder their ability to report abuse. These barriers further complicate the enforcement of legal protections and remedies.

In conclusion, this study advocates for comprehensive legal reforms aimed at enhancing protections for older adults. It emphasizes the need for a more robust and coordinated response through inter-agency collaboration, ensuring that elder abuse is more effectively prevented, addressed, and prosecuted. Such reforms would not only guarantee the protection of older adults within family environment but also improve their access to justice and uphold their fundamental rights.