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Socio-Legal Dimensions Of Domestic Violence: Myths And Realities Of Gendered Violence




Ms. Sakshi Gupta, Assistant Professor, Gitarattan International Business School, Affiliated to Guru Gobind Singh Indraprastha University


ABSTRACT


Domestic violence constitutes one of the most pervasive human rights violations globally, deeply embedded in societal structures and power dynamics that perpetuate gender inequality. While the Protection of Women from Domestic Violence Act, 2005 (PWDVA) represents a significant milestone in India's legislative evolution by recognizing and addressing violence against women within private spheres, its gender-specific framework has generated considerable debate regarding the systematic exclusion of male and LGBTQIA+ victims from legal protection. This paper undertakes a critical examination of the socio-legal dimensions of domestic violence in contemporary India by interrogating the persistent myths that shape public discourse and analyzing the legal realities that govern enforcement mechanisms. The central argument posits that while women disproportionately experience domestic violence due to structural inequalities, the exclusion of other vulnerable groups from protective legislation perpetuates injustice and reinforces harmful gender stereotypes. Through comprehensive analysis of legal provisions, judicial interpretations, empirical studies, and prevailing societal attitudes, this paper advocates for a more inclusive and balanced legal framework that addresses the complex realities of gendered violence without undermining the fundamental intent of protecting women from abuse.


Keywords: Domestic Violence, PWDVA 2005, Gender Inequality, LGBTQIA+ Victims, Male Victims, Socio-Legal Analysis, Human Rights, Inclusive Legal Framework



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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