Description

Laws, Justice and Rights for Women in the Modern Era
Editor: Prof. Dr. Yogesh Kumar Gupta, Ishan Ahmad and Premananda Murmu
Published by Universal Academic Books Publishers and Distributors,
New Delhi (India)
ISBN: 978-81-686113-5-1, 2026

Chapter 7

A Critical Study of Legal Protection for Women in Intimate and Family Relationships Under PWDVA, 2005

Dr. Rini M.V.
Associate Professor, Government Law College Thiruvananthapuram, Keralam

Abstract

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is a landmark social welfare legislation enacted to safeguard women from various forms of abuse within domestic and family relationships. This study critically examines the legal framework established under the Act, focusing on its role in protecting women’s constitutional rights to equality, dignity, and life. Unlike traditional criminal laws, the Act adopts a rights-based and victim- centric approach by recognizing physical, sexual, emotional, verbal, and economic abuse, and by providing civil remedies such as protection orders, residence rights, monetary relief, custody, and compensation. This chapter analyses the objectives, scope, and implementation of the Act while highlighting the socio-cultural factors that contribute to domestic violence, including patriarchy, economic dependence, and lack of legal awareness. It further evaluates the effectiveness of the legislation through judicial interpretations and identifies major challenges such as inadequate institutional infrastructure, shortage of Protection Officers, delays in judicial proceedings, insufficient shelter homes, and weak coordination among implementing agencies. The chapter concludes that although the Act has significantly strengthened legal protection for women, its success depends on effective implementation, institutional accountability, legal awareness, and sustained policy reforms. Strengthening these mechanisms is essential to ensure meaningful protection of women’s rights within family relationships.

Keywords

Protection of Women from Domestic Violence Act, 2005; Domestic Violence; Women’s Rights; Family Relationships-Legal Protection.

1. INTRODUCTION

Preserving women from abuse and violence in domestic situations is one of the biggest issues facing India’s legal system. Despite the constitutional protections of equality, dignity, and personal freedom, women are nonetheless subjected to abuse and discrimination in the home. In the past, abuse and coercive behaviour were typically concealed from public view due to the private nature of family ties, which frequently prohibited legal action. In order to provide a thorough civil law framework for protecting women’s rights in domestic partnerships, the government recognized this reality and passed the PWDVA 2005. The Act marked a significant departure from the traditional criminal law approach by recognizing that abuse within the family extends beyond physical violence to include emotional, verbal, sexual, and economic abuse. It introduced a rights-based framework aimed at ensuring women’s entitlement to live in household, obtain protection orders, claim monetary relief, seek custody of children, and receive compensation for injuries suffered.