Authored By: Harpreet Kaur
IMS Law College
ABSTRACT
By leaving all the socio – economic and cultural norms and boundaries, Domestic violence is one of the rapidly growing infringements of human rights even in the 21st century. Latest data released by the National Crime Records Bureau (NCRB) signifies a very drastic growth in cases related to this very issue, intensified by social and economic reasons, change in identification pronouns, and excessive misuse of technology in this digitalized period. This article looks into the fundamental factors for the escalation of domestic violence in modern times, while analyzing the forcefulness of legal frameworks of India, such as the Protection of Women from Domestic Violence Act, 2005, and also observes landmark cases like Indra Sarma v. V.K.V. Sarma.[1] This article is not just bound to the Indian framework but also talks about the international perspective, talks about recent developments, and policies. It concludes with recommendations that can make a huge difference and help strengthen legal frameworks, improve law enforcement mechanisms and agencies, and foster a culture of zero tolerance towards domestic abuse.
KEY WORDS
Cycle of Abuse, Domestic Violence, Gender-Based Violence, Justice Gap, Protection of Women from Domestic Violence Act, 2005
INTRODUCTION
“Home, the most dangerous place for women, with majority of female homicide victims worldwide killed by partners or family.”[2]
Domestic violence is often referred to as just physical abuse, but it’s more than that; it contains physical, sexual, emotional, and economic abuse, all behind closed doors for centuries in every part of the world. However, in the past few decades, this cycle of abuse has come out in front of the people, revealing a very disturbing stigma of the society that traps the victims in this cycle and leaves them while knowing the constant abuse they are facing. National Crime Records Bureau, over 4.4 lakh cases of prime crime against women were reported in 2022 alone, including dowry death, domestic violence, acid attack, and cybercrime.[3] On the other hand, UN Women in 2020 revealed a shocking report stating that domestic violence is a shadow pandemic.[4]
In the past, domestic violence was guarded by considering it as a private family matter, often between partners or in-laws. The present scenario changes it in a more recognized manner, considering it as a public and legal matter, which happens due to evolving social attitudes, standard of living, feminist advocacy, and its judicial recognition. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) provides both civil and criminal remedies. However, the Protection of Women from Domestic Violence Act, 2005, is often cited as a progressive law; however, studies indicate that its implementation remains inconsistent. The inconsistency is a gap created by a lack of awareness, systemic shortcomings, and patriarchal norms.
The aim behind writing this article is to analyze the reasons for this rapid increase in the cases related to Domestic violence, addressing both legislative and judicial frameworks. It also provides reforms to break the cycle of abuse. It is also stated in this article that domestic violence is not just abuse or violation of law, but it is also a harm to one’s fundamental human dignity and equality.
HISTORICAL BACKGROUND
Domestic violence is not a new concept; it is a very ancient social evil that is deeply rooted in this male-dominating society for centuries. Even a few decades back, women were considered subordinate in family and society as well, with almost no rights. If we talk about the colonial Indian period, till then, there was no legal recognition for domestic abuse against women, as it was considered a private family matter that needed no judicial intervention.[5]
After enforcing the Indian Penal Code 1860 in the British era, there were a few forms of abuse that were criminalized, still the enforceability is both rare and difficult due to societal attitude and consideration as a normal behaviour.[6] Marital chastisement is one of the most common practices exercised by the husband to discipline his wife, sometimes through physical means, and often recognized as a right, while not having legal recognition. Due to these practices rooted in society, victims were discouraged from asking for legal help because of fear of social ostracism and economic dependency.
In independent India, there’s a very positive change that can be seen in the context of the domestic violence recognition both social and legal. Constitutional guarantees under Articles 14, 15, and 21 laid the foundation for gender equality and protection of life and personal liberty.[7] Still, only after global feminist moments in the 20th century, with an increase in human rights advocacy and public awareness, did Domestic violence become a public and legal issue rather than a private family matter. Concerning this, the Protection of Women from Domestic Violence Act, 2005, plays a very vital role by providing for both civil and criminal remedies to combat gender-based violence in India.[8]
RESEARCH METHODOLOGY
The present study is based on both primary and secondary data like crime reports, journals, books and internet surveys etc.
LITERATURE REVIEW
Over the past three decades, the academic work on the concept of domestic violence has been on the rise, mirroring the awareness of its legal and social implications. Flavia Agnes, in Law and Gender Inequality: The Politics of Women’s Rights in India, talks about the historical and feminist view, marking down the growth of legal protection and stressing the continuity of patriarchal norms even after statutory reforms.[9] She focused on the interlink between the societal attitude and the legal framework in preserving the cycle of abuse.
The commentary by Indira Jaising on the Protection of Women from Domestic Violence Act, 2005, enshrines the acts setting up a civil law remedy with a hand in the criminal enforcement mechanism.[10] Although she also refers to the challenges faced in the execution, specifically due to the under-resourcing of the protection officer and the hesitation of the police to interfere in family matters.
Various studies that are published in Economic and Political Weekly as the same specifies the interlink between social and economic stressors, alcohol consumption and violence, gender based violence, poverty, unemployment, and illiteracy, all can act as triggers but cannot be the sole reason for abuse.[11] The National Family Health Survey (NFHS-5) data also uncovers that the occurrence of domestic violence is not only restricted to the economically weaker section, but it flows in all the sections of society, whether rich or poor, educated or not.[12]
Internationally speaking about this issue, it’s far beyond the aspects in Indian society, as said by Elizabeth Schneider, in Battered Women and Feminist Lawmaking, about the U.S. legal framework, it’s more focused on the survivors rather than the offenders.[13] Under their legal reforms, there are remedies like shelter homes, counselling, etc. that help the survivor cop with what they are dealing with due to the constant abuse. It’s a measure that India needs to take for the betterment of the victims of domestic violence.
Collectively the literature shows the need for the combination of legal reform, social change, and institutional accountability.
RESEARCH QUESTIONS
- What are the major legal, social, and economic reasons for the acceleration of domestic violence in the present India?
- How efficient is the Protection of Women from Domestic Violence Act, 2005, in coming to grips with the cycle of abuse and safeguarding survivors?
- What role has judicial interpretation played in expanding or limiting the scope of protection for victims of domestic violence?
- How can comparative insights from other jurisdictions be applied to strengthen India’s domestic violence framework?
HYPOTHESIS
It is hypothesized that the latest growth in domestic violence cases in India is not just a result of patriarchal norms, but it includes both social and systemic factors, including economic stress, inadequate enforcement of current legal provisions, etc. While the Protection of Women from Domestic Violence Act, 2005, and related laws deliver a very strong and sturdy legal framework on paper, the grey areas in execution, judicial delay, and lack of survivor support facilities help this cycle of abuse grow. Strengthening enforcement mechanisms and integrating legal remedies with social interventions could significantly reduce the prevalence of domestic violence.
LEGAL FRAMEWORK IN INDIA
The protection against domestic violence is safeguarded as a constitutional protection as well as a statutory legal protection. The Constitution of India guarantees equality before the law and equal protection of laws under Article 14, prohibits discrimination based on sex under Article 15, and upholds the right to life and personal liberty under Article 21.[14] Furthermore, various landmark judgements, the Hon’ble Supreme Court of India interpreted Article 21 as it includes the right to live with dignity, which necessarily extends to freedom from gender-based violence.[15] Moreover, the Protection of Women from Domestic Violence Act, 2005, stands out as a strong legislation that provides both civil remedies to the victim as well as criminal enforcement where necessary.[16] Under this act, domestic violence is defined as Domestic violence is any act, omission, or abusive behaviour, physical, sexual, verbal, emotional, or economic that harms, endangers, or coerces a person in a domestic relationship, including threats, deprivation of rights, and psychological or physical injury (not exact words-a precise definition) and grants reliefs such as protection orders, residence orders, monetary relief, custody orders, and compensation.[17] While the officers have to provide all the services with very limited resources, that led to the justice gap.[18]
Coupled with the Protection of Women from Domestic Violence Act, 2005, the Bharatiya Nyaye Sanhita, 2023, criminalizes cruelty by a husband or his relatives under Section 85 and also provides related protections under Sections 80 (dowry death), 108 (abetment of suicide), and 115(2) (voluntarily causing hurt).[19] The Bharatiya Nyaye Suraksha Sanhita, 2023, further provides the provisions of maintenance ensuring at least some measure of financial security for the survivors.[20] On the international front, India’s ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) imposes a binding obligation to protect women from domestic violence and eliminate all forms of discrimination.[21] Together, these measures on both national and international levels make a very strong legal framework, but the systemic shortcomings in implementation, lack of awareness, and enduring societal stigma make it difficult to break the cycle of abuse.
UNDERSTANDING DOMESTIC VIOLENCE IN CONTEMPORARY SOCIETY
In the present scenario domestic violence is not just a physical assault, but it includes sexual, emotional economic abuse between partners or family relationships, and is well recognized in the modern legal and sociological discourse. The Protection of Women from Domestic Violence Act 2005 perfectly adopts a whole sum definition, including all the factors recognizing harm, threat, coercion, and deprivation of rights within domestic settings.[22] The phenomenon is often perpetuated true cycle of abuse where periods of apparent reconciliation are followed by acts of violence, trapping the victim in long-term dependency and fear.[23] Contemporary trends indicate that domestic violence cuts across socio-economic, educational, and cultural boundaries, affecting both urban and rural populations alike.[24] Technological misuse, economic stress, and shifting gender roles have amplified its prevalence, making it a pressing human rights concern in the 21st century. Addressing this issue requires a multidimensional approach that integrates legal, social, and psychological interventions.
JUDICIAL INTERPRETATION AND LANDMARK CASES
The judiciary of India played a major role in interpreting and expanding the scope of protection against domestic violence in the legal framework. In the landmark case of Indra Sarma v. V.K.V. Sarma, the Hon’ble Supreme Court of India stated that women in live-in relationships are entitled to protection under the Protection of Women from Domestic Violence Act, 2005, provided the relationship bears the nature of marriage.[25] This judgment acknowledges the modern form of domestic relations and the abuse caused in contemporary society. In the judgment of V.D. Bhanot v. Savita Bhanot, court held that the Protection of Women from Domestic Violence Act, 2005, had a retrospective effect that brought the cases under its scope that were not cured before its enactment, giving a wider scope to the survivors.[26]
In another landmark judgement, Hiral P. Harsora v. Kusum Narottamdas Harsora, the Supreme Court struck down the provision limiting the definition of “respondent” to adult male persons, enabling women to seek remedies against female relatives as well.[27] Thus, these judgements struck down the basic mentality of the people that domestic violence is just physical assault, and between husband and wife, it has a wider scope with including emotional and economic abuse, thereby recognizing the cycle of abuse in various forms. These judgments are a great example of how the judiciary fills the gaps left behind by the legislature.
RECENT DEVELOPMENTS IN INDIA
India has positively developed its approach towards the handling of domestic violence cases in recent years. The National Crime Records Bureau (NCRB) 2022 report recorded over 4.4 lakh crimes against women, with a significant portion linked to domestic cruelty under Section 498A of the Indian Penal Code, 1860.[28] The National Family Health Survey (NFHS-5) revealed that nearly one in three married women aged 18–49 has experienced spousal violence, underscoring the scale of the problem.[29] State governments also take initiatives like introducing helplines, online complaint portals, and mobile applications for quicker reporting and assisting the victim in their respective states. The Ministry of Women and Child Development has expanded the One Stop Centre scheme, offering integrated legal, medical, and counselling services.[30] Despite all this, the implementation is still a big concern due to a lack of infrastructure, resources, awareness, and societal norms. Sustained investment, effective outreach, and coordination between agencies are necessary to address the justice gap and disrupt the cycle of abuse.
CHALLENGES IN IMPLEMENTATION
In the face of a seemingly strong legal system, the implementation of the domestic violence laws in India wrestles with an unrelenting difficulty. One major obstacle is the under-resourcing of Protection Officers and Service Providers, which hampers timely assistance to survivors.[31] Law enforcement agencies often lack specialized training, leading to reluctance in intervening in what is still perceived by some as a “private matter.”[32] The combination of procedural delay and excessive caseload in courts prolongs the resolution process and undermines victims’ willingness to pursue justice. Also, the deep-seated social disrepute and victim-blaming attitude hold the victims in fear of reporting the offence, specifically in conservative communities and rural areas. In addition to this lack of public enlightenment and a comprehensive survivor care system stretches the justice gap further, leaving a significant number of survivors trapped in this very cycle of abuse. Moreover, the disjointed approach of agencies indulge such as police, courts, NGOs, and healthcare providers, diminishes the adversarial stance for effective protection and rehabilitation.
SUGGESTIONS AND WAY FORWARD
Breaking the cycle of abuse requires stronger enforcement of the Protection of Women from Domestic Violence Act, 2005, with more trained Protection Officers, adequate resources, and coordination with police and courts.[33] Specialised training for law enforcement and judiciary, expansion of shelter homes, legal aid, and financial assistance are essential.[34] Public awareness campaigns must challenge patriarchal norms, while technology can aid safe reporting and monitoring. Drawing from UK and Australian models, multi-agency coordination can bridge the justice gap, ensuring survivors receive both legal protection and holistic support.[35]
CONCLUSION
Domestic violence continues to be one of the most widespread forms of violence against human rights in India, overarching social, economic, and cultural boundaries. While the Protection of Women from Domestic Violence Act, 2005, and related laws lay a solid legal groundwork, the grey area left behind in implementation, community-based prejudice, and insufficiency of the system continue to safeguard the cycle of abuse.[36] Confronting this problem head-on calls for a comprehensive strategy that works together on legal and social reforms, societal awareness, and survivor aid infrastructure. All the pillars judiciary, legislature, society, and community must work hand in hand to ensure that the aim of the Fundamental rights provided under articles 14,15, and 21 of the Constitution of India can be fulfilled.[37] To break the silence on domestic violence is to uphold not only the law but the very principles of humanity.
Reference(S):
[1] Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 755.
[2] United Nations office of drugs and crime, Press Release https://www.unodc.org/unodc/en/press/releases/2018/November/home–the-most-dangerous-place-for-women–with-majority-of-female-homicide-victims-worldwide-killed-by-partners-or-family–unodc-study-says.html
[3] National Crime Records Bureau, Crime in India 2022, U.N. Sales No. E.06.IV.8 (2022), https://www.ncrb.gov.in.
[4] Press release: UN Women raises awareness of the shadow pandemic of violence against women during COVID-19 https://www.unwomen.org/en/news/stories/2020/5/press-release-the-shadow-pandemic-of-violence-against-women-during-covid-19
[5] Adressed by Flavia Agnes in Law and Gender Inequality: The Politics of Women’s Rights in India (Oxford University Press 1999)
[6] Indian Penal Code, 1860, Act No. 45 of 1860.
[7] Constitution of India, Arts. 14, 15, 21.
[8] Protection of Women from Domestic Violence Act, 2005, Act No. 43 of 2005.
[9] Flavia Agnes in Law and Gender Inequality: The Politics of Women’s Rights in India (Oxford University Press 1999)
[10] Indira Jaising, Handbook on Law of Domestic Violence (LexisNexis 2018)
[11] S. Jejeebhoy, “Wife-Beating in Rural India: A Husband’s Right?” (1998) 33(15) Economic and Political Weekly
[12] Ministry of Health and Family Welfare, National Family Health Survey (NFHS-5) 2019–21 (International Institute for Population Sciences 2021).
[13] Elizabeth M. Schneider, Battered Women and Feminist Lawmaking (Yale University Press 2000)
[14] Constitution of India, Arts. 14, 15, 21.
[15] Francis Coralie Mullin v. Administrator, Union Territory of Delhi, (1981) 1 SCC 608.
[16] Protection of Women from Domestic Violence Act, 2005, Act No. 43 of 2005.
[17] Protection of Women from Domestic Violence Act, 2005, Act No. 43 of 2005.
[18] Indira Jaising, Handbook on Law of Domestic Violence
[19] Bharatiya Nyaye Sanhita, 2023
[20] Bharatiya Nyaye Suraksha Sanhita, 2023,
[21] United Nations, Convention on the Elimination of All Forms of Discrimination Against Women
[22] Protection of Women from Domestic Violence Act, 2005, s 3.
[23] Lenore E. Walker, The Battered Woman (Harper and Row 1979)
[24] Ministry of Health and Family Welfare, National Family Health Survey (NFHS-5) 2019–21 (International Institute for Population Sciences 2021).
[25] Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 755.
[26] V.D. Bhanot v. Savita Bhanot, (2012) 3 SCC 183.
[27] Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165.
[28] National Crime Records Bureau, Crime in India 2022 Statistics (Ministry of Home Affairs, Government of India 2023).
[29] Ministry of Health and Family Welfare, National Family Health Survey (NFHS-5) 2019–21 (International Institute for Population Sciences 2021).
[30] Ministry of Women and Child Development, Annual Report 2022–23 (Government of India 2023).
[31] Indira Jaising, Handbook on Law of Domestic Violence
[32] Flavia Agnes, Law and Gender Inequality: The Politics of Women’s Rights in India (Oxford University Press 1999)
[33] Protection of Women from Domestic Violence Act, 2005, Act No. 43 of 2005.
[34] Flavia Agnes, Law and Gender Inequality: The Politics of Women’s Rights in India (Oxford University Press 1999)
[35] Domestic Abuse Act 2021 (UK); Australian Government, National Plan to End Violence Against Women and Children 2022–2032 (2022)
[36] Indira Jaising, Handbook on Law of Domestic Violence
[37] Constitution of India, Arts. 14, 15, 21.
