Author: Divya Mishra , City Law College
Abstract
Domestic violence continues to remain one of the most disturbing realities of Indian society, existing quietly within households while often being ignored as a “private matter.” Although India has enacted specific legislation to protect women from domestic abuse, the gap between law and lived experience remains significant. This article examines domestic violence from a legal and social perspective, focusing on statutory provisions, judicial interpretation, and recent data. It highlights how societal conditioning, weak implementation, and silence surrounding abuse limit the effectiveness of legal remedies. The article argues that meaningful justice requires not only strong laws but also empathy, awareness, and institutional accountability.
To the Point
Domestic violence is not confined to physical assault; it includes emotional, verbal, sexual, and economic abuse that slowly erodes a woman’s dignity and autonomy. Indian law recognises this reality through the Protection of Women from Domestic Violence Act, 2005. However, despite judicial support and statutory safeguards, many victims continue to suffer due to fear, dependency, and social stigma. The problem lies not in the absence of law but in the failure to humanise its implementation.
Use of Legal Jargon
In legal terms, domestic violence is defined under Section 3 of the Protection of Women from Domestic Violence Act, 2005, which includes any act, omission, or conduct that harms or endangers the physical or mental well-being of an aggrieved woman. An aggrieved person refers to any woman who is, or has been, in a domestic relationship and alleges domestic abuse. The respondent may include the husband, partner, or any relative. The Act primarily provides civil reliefs such as protection orders, residence rights, monetary relief, and compensation, without excluding criminal liability under penal statutes.
The Proof
The seriousness of domestic violence is supported by consistent national data. The National Family Health Survey-5 (2019–21) reveals that nearly one-third of Indian women aged 18–49 have experienced spousal violence at least once. This figure has shown little improvement over the years, indicating deep-rooted structural issues.
Further, the National Crime Records Bureau (NCRB) 2023 reported that cases registered under cruelty by husband or relatives formed almost 30% of total crimes against women. Complaints received by the National Commission for Women (NCW) have also increased, particularly during periods of social and economic stress such as the COVID-19 pandemic.
These statistics suggest that domestic violence is not an occasional deviation but a widespread social pattern, often normalised and rarely challenged.
Legal Framework
Protection of Women from Domestic Violence Act, 2005
The PWDVA is a progressive legislation aimed at providing immediate relief rather than punishment alone. It recognises that abuse may exist even without visible injuries. Key features include:
Protection from physical, emotional, sexual, verbal, and economic abuse
Right to reside in the shared household irrespective of ownership
Appointment of Protection Officers to assist victims
Provision for interim and emergency relief
The Act applies to married women as well as women in live-in relationships, reflecting the evolving nature of domestic relationships.
Penal Provisions
Domestic violence may also attract criminal liability under penal laws such as:
Section 498A IPC / corresponding BNS provision – cruelty by husband or relatives
Section 323 IPC – causing physical hurt
Section 506 IPC – criminal intimidation
Dowry Prohibition Act, 1961 – harassment related to dowry
The coexistence of civil and criminal remedies strengthens protection, though coordination between authorities often remains weak.
Case Laws
V.D. Bhanot v. Savita Bhanot (2012)The Supreme Court held that even acts of domestic violence committed prior to the enactment of the PWDVA could be considered, provided that the domestic relationship continued after the Act came into force. This judgment emphasised substantive justice over technical interpretation.
Hiral P. Harsora v. Kusum Narottamdas Harsora (2016)
By removing the words “adult male” from the definition of respondent, the Court expanded accountability to include female relatives, acknowledging that abuse is not always gender-exclusive in its commission.
Indra Sarma v. V.K.V. Sarma (2013)
The Court clarified the scope of live-in relationships and laid down guiding principles to determine whether a relationship qualifies for protection under the Act.
Kunapareddy v. Kunapareddy Swarna Kumari (2016)
It was observed that proceedings under the PWDVA are essentially civil in nature, allowing flexibility in procedure to ensure justice for victims.
Human and Social Challenges
Despite legal recognition, domestic violence remains largely hidden. Many women hesitate to report abuse due to economic dependence, emotional attachment, concern for children, and fear of social judgment. Often, families and even authorities encourage “adjustment” rather than intervention.
Another challenge is the perception of misuse of laws, which has led to hesitation among enforcement agencies. While misuse must be addressed, it cannot overshadow the reality that countless genuine victims still lack access to justice.
Conclusion
Domestic violence is not simply a legal violation; it is a human tragedy that unfolds silently within homes. Indian law provides a comprehensive framework to address this injustice, yet its impact is limited by social attitudes, inadequate support systems, and procedural delays. Real change will come only when the law is implemented with sensitivity, when victims are heard without judgment, and when society stops treating violence as a private family issue. Justice, in this context, must be both legal and humane.
FAQS
Q1. Does domestic violence only mean physical assault?
No. The law recognises emotional, verbal, sexual, and economic abuse as forms of domestic violence.
Q2. Can women in live-in relationships seek protection?
Yes, provided the relationship meets the criteria of being in the nature of marriage.
Q3. Is it necessary to own the house to claim residence rights?
No. The right to residence is independent of ownership.
Q4. Can civil and criminal proceedings run together?
Yes. Remedies under the PWDVA can coexist with criminal proceedings.
Q5. Who assists victims under the Act?
Protection Officers, service providers, legal aid authorities, and Magistrates support the victim.
