Bridging The Gap: An Analysis Of Implementation From Statute To Shelter In India’s Domestic Violence Laws (A Critical Study On Legislative, Judicial And Comparative Perspectives)
- IJLLR Journal
- Sep 8
- 1 min read
Anushka Tiwari, ICFAI Law School (IFHE), Hyderabad
ABSTRACT
Domestic violence is defined as any abusive behaviour or act of violence perpetrated by one spouse against the other within the context of a marital relationship. This phenomenon encompasses various forms of abuse, including sexual, emotional, psychological, and physical maltreatment. Notwithstanding the establishment of significant legal provisions such as Section 498A of the Indian Penal Code (1983) and the Protection of Women from Domestic Violence Act (PWDVA) (2005), domestic violence continues to be deeply rooted within Indian society. These statutes, which respectively aim to criminalize cruelty inflicted by marital relatives and to offer civil remedies to victims, represent a progressive legislative framework. However, their efficacy is substantially impeded by on going challenges in implementation. For instance, the notably low conviction rates under Section 498A—approximately 1% in Bengaluru during the period from 2017 to 2022—underscore systemic inefficiencies within the judicial process. (Domestic Violence: low rates of conviction flag systemic gaps, 2025) Simultaneously, although the PWDVA encompasses a comprehensive definition of domestic abuse, including emotional, verbal, and economic forms of violence, its effectiveness is compromised by ambiguities concerning the rights associated with “shared households,” a limited interpretation of economic abuse, and insufficient resources allocated for enforcement.
These deficiencies are further intensified by underreporting, which is influenced by stigma, fear, and limited legal awareness, as well as by systemic biases embedded within law enforcement and judicial procedures. (Srivastava, 2024) Socio-cultural factors, such as dowry customs and patriarchal norms, compound the issue by normalizing abuse and discouraging survivors from pursuing justice.
