Effectiveness, Gaps And Judicial Trends Under The Protection Of Women From Domestic Violence Act, 2005

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Harshita, ALS, Amity University, Noida

ABSTRACT

This research paper critically examines the effectiveness, implementation gaps, and evolving judicial trends under the Protection of Women from Domestic Violence Act, 2005. Adopting a socio-legal and doctrinal methodology,thestudyanalyzesthe transitionofIndianjurisprudencefrom restrictive interpretations of shared households to expansive, purposive constructions that safeguard constitutional rights. The research highlights significant judicial milestones broadening the Act's protective umbrella to encompass constructive residence and non-traditional unions. Concurrently, the paper identifies critical systemic implementation gaps, notably the severe shortage of dedicated Protection Officers, protracted procedural delays, and inadequate institutional infrastructure, which collectively undermine the statute's remedial objectives. Furthermore, the study explores the emerging discourse on gender neutrality and the vulnerability of marginalized groups within the domestic sphere. Ultimately, the paper concludes that while the legislation represents a monumental achievement in human rights protection, its true efficacy remains contingent upon robust administrative enforcement, strict adherence to statutory timelines, and continuous sensitization of the legal machinery.

Keywords: Domestic Violence, PWDVA 2005, Judicial Trends, Shared Household, Implementation Gaps, Gender Neutrality, Human Rights

595. EFFECTIVENESS, GAPS AND JUDICIAL TRENDS UNDER THE PROTECTION OF WOMEN FROM DOMESTIC V

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