Protection Of Women From Domestic Violence Act, 2005: A Critical Analysis With Reference To The 2023 Criminal Law Reforms In India
- IJLLR Journal
- Mar 19
- 1 min read
Dr. Saniya Sayyed, Asst. Professor at A.K.K. New Law Academy, Pune
ABSTRACT
Domestic violence remains a serious social and legal issue in India, reflecting deep-rooted gender inequality and patriarchal structures within society. In response to the growing recognition of violence against women within the household, the Protection of Women from Domestic Violence Act, 2005 (PWDVA) was enacted to provide effective legal protection and civil remedies to women facing abuse in domestic relationships. The Act recognizes multiple forms of violence, including physical, emotional, verbal, sexual and economic abuse, and provides remedies such as protection orders, residence orders, monetary relief and custody orders. This paper examines the constitutional foundations and legal framework of the PWDVA and evaluates its effectiveness in addressing domestic violence. It also analyses important judicial interpretations and highlights key challenges such as ambiguity in the definition of domestic relationships, lack of gender neutrality, overlapping legal provisions and implementation issues. The paper concludes that while the Act is progressive, stronger implementation, legal awareness and institutional reforms are necessary to ensure effective protection for women.
Keywords: Domestic Violence, Abuse, Women’s Rights, Protection of Women from Domestic Violence Act, 2005, Constitutional Law, Legal Protection in India.
