Judicial Approach Of Indian Courts On Intimate Partner Violence

Natasha Debroy, LLM (Family Law), Amity University, Noida

ABSTRACT

Intimate Partner Violence is a major problem which is prevailing in the entire country, India being one of its prime hotspots, affects the human rights of a women. The term is often used as “Domestic abuse” or “Domestic violence against partners”. It may be defined as any act that causes physical, mental, or sexual harm to those involved in a close relationship, regardless of whether they are married, single, or living together. However, IPV is only limited to violence against intimate partner and can influence anyone, irrespective of color, age, sexual direction, religion, or orientation. Also, the term IPV is inclusive of violence from current and former spouses and partner both.

The Constitution of India as well as other civil along with criminal laws offer abundance of laws to protect the dignity of a women, despite of that there have been an increase in the cases of domestic violence in India. The Protection of Women from Domestic Violence Act, 2005 was passed by the legislator to safeguard the rights of women being victims of violence of any forms. Apart from the legislators, the Indian Judiciary plays a significant role in providing a helping hand to the victims of violence by broadening the given law by virtue of their interpretation. The scope of this article is to provide an overview of the perspective of Indian judiciary, i.e. the Supreme Court and High Court on the issues of violence against women and cite the landmark judgments that have resulted in widening the ambit of relief provided under various laws.