EFFECTIVENESS OF LAWS ON DOMESTIC VIOLENCE IN INDIA: A CRITICAL APPRAISAL WITH SPECIAL REFERENCE TO THE POSITION IN BIHAR

Domestic violence, a pervasive social issue, necessitates robust legal frameworks to protect victims and ensure justice. India has made significant strides in this regard, notably with the enactment of the Protection of Women from Domestic Violence Act (PWDVA) in 2005. However, the implementation and efficacy of these laws remain subjects of scrutiny. The analysis begins by exploring the legislative landscape at the national level, emphasizing the PWDVA’s comprehensive approach to addressing various forms of domestic abuse. Despite legislative advancements, challenges persist in translating legal provisions into tangible protection for victims. Factors such as socio-cultural norms, inadequate awareness, and institutional barriers contribute to the gap between law and effective implementation. Turning attention to Bihar, the study assesses the state’s specific initiatives and challenges in combatting domestic violence. Bihar, like many other regions in India, grapples with deep-rooted patriarchal structures and socio-economic disparities that impact the enforcement of anti-domestic violence laws. The critical appraisal delves into the adequacy of support mechanisms, including shelters and counseling services, available to victims in Bihar. Furthermore, the research scrutinizes law enforcement agencies’ responsiveness, the functioning of protection officers, and the role of the judiciary in delivering timely justice. The paper sheds light on the challenges within the legal system itself.

The judicial process needs streamlining to expedite domestic violence cases and ensure timely justice. Delays in legal proceedings often result in prolonged suffering for victims, weakening their faith in the legal system. Establishing fast-track courts dedicated to handling domestic violence cases would help alleviate this issue, providing a more efficient avenue for justice. Identifying bottlenecks and gaps in the system, the appraisal aims to offer recommendations for strengthening the implementation of domestic violence laws in Bihar. The study emphasizes the importance of enhancing the capacity of law enforcement agencies. Adequate training for police personnel to handle domestic violence cases sensitively and efficiently is essential. The creation of specialized units within police departments, specifically focused on addressing domestic violence, would contribute to a more effective response. This targeted approach acknowledges the unique challenges posed by domestic violence cases and ensures a more empathetic and informed response from law enforcement. By scrutinizing legal frameworks, socio-cultural dynamics, and institutional mechanisms, the analysis contributes to a comprehensive understanding of the challenges and opportunities in the fight against domestic violence. The findings aim to inform policy-makers, legal practitioners, and advocacy groups, fostering a collective effort to enhance the protective measures for victims and fortify the implementation of laws combating domestic violence in India.