Reimagining Domestic Violence Laws Through A Gender-Neutral Lens
- IJLLR Journal
- 6 days ago
- 1 min read
B. Sharon, Advocate, Madras High Court
ABSTRACT
Domestic violence jurisprudence in India has historically developed within a gender-specific framework that predominantly ictimizat women as victims and men as perpetrators. While this approach emerged in response to systemic and pervasive violence against women, it has simultaneously excluded male victims from legal recognition and protection. This article critically examines the limitations of India’s domestic violence regime, particularly the Protection of Women from Domestic Violence Act, 2005, in addressing abuse through a gender inclusive lens. Employing a doctrinal and comparative methodology, the paper analyses statutory provisions, judicial trends, and international domestic violence frameworks to assess the implications of gender specific legal design. It argues that domestic violence is fundamentally an abuse of power and control rather than a phenomenon confined to gender binaries. The article contends that adopting a gender- neutral approach would not undermine protections for women but would strengthen constitutional commitments to equality, dignity, and access to justice by extending protection to all victims of domestic abuse, irrespective of gender.
Keywords: Domestic violence, male ictimization, intimate partner violence, abuse, gender neutral legislation
