An Analytical Study Of Domestic Violence As A Human Rights Violation Under Indian Legal Frameworks
- IJLLR Journal
- Aug 10
- 2 min read
Mrs. Pratima Nagrale, Research Scholar, Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur, Maharashtra
ABSTRACT
India as a developing nation is climbing on the ladder of progress rapidly. Despite this there are still pressing issues that remains unresolved and must be approached with empathy and sensitivity. Domestic violence stands out as a deeply rooted problem that constitutes a severe violation of human rights. This issue isn’t always loud. In fact, it often unfolds quietly, inside homes, hidden from public eyes. It’s like a silent emergency. Legal reforms such as the Protection of Women from Domestic Violence Act (PWDVA), 2005 and Section 498A of the Indian Penal Code were major milestones in the effort to protect women. However, the lived realities of survivors often narrate a different tale. Laws can proclaim safety and rights but do they consistently ensure them in practice. That question continues to trouble both scholars and citizens. This paper investigates the magnitude of human rights violations in the context of domestic violence as addressed by Indian law. It gives attention to how well the constitutional and legal structures function in practice.
While working on this research there were women in courtrooms in Nagpur with arising doubt about there pending cases and the justice if they are going to receive. Legal provisions read well on paper. But if you’ve ever stepped into a family court on an ordinary Thursday, you might understand how different the reality feels. This research delves into how courts have interpreted domestic violence cases and how human rights are viewed within that framework. This paper studies the gap between the law stated and its execution. The study also sheds light on enforcement barriers and suggests actionable steps to make legal protections more effective. Also it emphasizes the urgent need to strengthen support systems for victims.
Keywords: Domestic violence, Indian law, PWDVA, IPC, judicial interpretations, legal framework, gender-based violence, human rights
