Tarun Tripathi, Christ (Deemed To Be University), Delhi NCR
ABSTRACT
India, despite having a huge number of reported and unreported domestic violence cases every year has not recognised the concept of Battered Women Syndrome, a psychological effect on the mind of the women as a consequence of being subjected to continuous battering, so far into its Legal system. This paper aims to analyse the disturbing situation regarding domestic violence in India in the light of patriarchal hues still prevalent in the society to determine whether Indian women are vulnerable to being a victim of Battered Women Syndrome inside the four walls of their homes. This paper further presents an in depth explanation of the psychological concept of Battered Women Syndrome and how it’s inculcated as a valid defense to mitigate punishments in several countries. The paper further presents the urgent need of India to reform its Law with regard to two important defense pleas of private defense and sudden and grave provocation to inculcate the concerned defense in the light of our collective failure to curb the rampant cases of domestic violence. The paper concludes by suggesting the manner in which defense of Battered Women Syndrome can be proved in Indian courts and be a part of Indian Legal System.
