Domestic Violence Act, 2005: Effectiveness, Challenges And The Need For Reforms
- IJLLR Journal
- Apr 25
- 1 min read
Ms. Manjinder Kaur, LLM (Family Law), AIALS, Amity University, Noida, Uttar Pradesh.
ABSTRACT
The Protection of Women from Domestic Violence Act, 2005 (hereinafter 'PWDVA' or 'the Act') constitutes one of the most significant legislative interventions in Indian family law in the post-independence era. Enacted with the twin objectives of protecting women from domestic abuse and providing effective remedies, the Act departed markedly from the purely punitive approach of the Indian Penal Code, 1860, by introducing a civil remedial framework accessible to aggrieved women. This article critically examines the effectiveness of the PWDVA two decades after its commencement, analyses the structural, procedural, and sociocultural challenges that have impeded its implementation, and proposes a coherent agenda for legislative and institutional reform. Drawing upon judicial pronouncements, legislative history, empirical surveys, and comparative jurisprudence, the article argues that while the Act has made important conceptual advances, systemic gaps including inadequate infrastructure, judicial delays, ambiguities in statutory interpretation, and the exclusion of certain categories of victims have significantly curtailed its transformative potential. The article concludes by mapping a reform agenda that addresses these deficiencies without undermining the Act’s protective ethos.
Keywords: Domestic Violence, PWDVA 2005, Protection Officer, Shared Household, Civil Remedies, Gender Justice, Legislative Reform, India.
