BODY SHAMING AS DOMESTIC VIOLENCE: A GAME-CHANGING RULING IN NIMIJA V. STATE OF KERALA
AUTHOR – DR. SONY RAJ S. S*, ASSISTANT PROFESSORS FROM M.K.E.S COLLEGE OF LAW, MUMBAI, UNIVERSITY OF MUMBAI* & ASWIN.S**, ASSISTANT PROFESSORS FROM MKES NAGINDAS KHANDWALA COLLEGE
** ASWINKANNAN6273AK@GMAIL.COM
BEST CITATION – DR. SONY RAJ S. S & ASWIN.S, BODY SHAMING AS DOMESTIC VIOLENCE: A GAME-CHANGING RULING IN NIMIJA V. STATE OF KERALA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 35-39, APIS – 3920 – 0001 & ISSN – 2583-2344.
This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).
ABSTRACT
“I think the message to women is to be who you are. Don’t let anyone tell you what you have to look like.” – Michelle Obama-
The Kerala High Court’s landmark judgment in Nimija v. State of Kerala (CRL.M.C.NO.9443 OF 2022) has redefined the understanding of domestic violence under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), by recognizing body shaming as a form of mental torture. This ruling acknowledges that persistent derogatory remarks about physical appearance, even from family members, constitute verbal and emotional abuse, impacting a victim’s mental health and self-esteem. This article delves into the case’s background, the Court’s interpretation of domestic violence, and its implications for safeguarding women from psychological harm within familial relationships. It also examines similar judicial precedents that expand the scope of domestic violence to include non-physical abuse, highlighting the increasing legal recognition of mental health as a critical aspect of justice. By analyzing the broader social and legal implications, this article underscores the importance of addressing deeply ingrained societal norms like body shaming and emphasizes the need for a holistic approach to domestic violence that protects both the physical and mental well-being of women.
Keywords: Body Shaming, Domestic Violence, Mental Torture, Verbal Abuse, Women’s Rights, Protection of Women from Domestic Violence Act, 2005