Description

Women Rights, Law and Justice
Editor: Prof. Dr. Yogesh Kumar Gupta
Published by Universal Academic Books Publishers and Distributors,
New Delhi (India)
ISBN: 978-81-686113-2-0, 2026

Chapter 33

Legal Framework Against Domestic Violence in India (With Special Reference to the Protection of Women from Domestic Violence Act, 2005 and Contemporary Legal Developments)

Sukriti Pathak
Assistant Professor, Faculty of Law, ISBM University, Chhura, Gariaband, Chhattisgarh

Abstract

Domestic violence is a widespread social and legal concern that affects individuals within family and intimate relationships, cutting across boundaries of age, education, and economic status. In India, such violence was historically treated as a private matter, which often resulted in silence, underreporting, and limited legal intervention. With growing awareness of human rights and gender justice, the Protection of Women from Domestic Violence Act, 2005 was enacted to provide a comprehensive legal framework for the protection of women. The Act recognizes various forms of abuse, including physical, emotional, verbal, sexual, and economic harm, and provides civil remedies such as protection orders, residence rights, monetary relief, custody arrangements, and compensation. Constitutional provisions under Articles 14, 15, and 21 further strengthen this framework by ensuring equality, non-discrimination, and the right to live with dignity. Judicial interpretations have played an important role in expanding the scope of these protections and ensuring effective implementation. However, despite legal safeguards, domestic violence continues to persist due to social stigma, dependency, lack of awareness, and enforcement challenges. Addressing this issue requires not only strong legal mechanisms but also social awareness, gender sensitization, and institutional support. A combined legal and social approach is essential to ensure safety, dignity, and justice within domestic relationships.

Keywords

Domestic Violence, DV Act 2005, Women Protection, Constitutional Rights, Gender Justice, Legal Remedies, Judicial Role, Human Rights, Social Awareness, Women Empowerment

1. Introduction

Domestic violence is a major social problem that affects families and communities throughout the world. It can happen to anyone, regardless of age, religion, education, or economic status. In India, violence within the home was traditionally viewed as a personal or family matter, and many victims were expected to remain silent. Because of this attitude, incidents of abuse often went unreported and legal authorities rarely became involved. Over time, awareness about human rights and gender equality increased, leading society to recognize domestic violence as a serious issue that requires legal protection and government action.