FROM PROTECTION TO PROSECUTION: MAPPING INDIA’S LEGAL FRAMEWORK ON DOMESTIC VIOLENCE AGAINST WOMEN AND THE JUDICIAL TRAJECTORY
Jyotsna Singh, BA.LL.B (hons)/5th year/10th semester at Amity University Lucknow Campus (India)
Dr. Sarita Yadav, Assistant Professor at Amity University Lucknow Campus (India)
This research examines the evolution, structure, and effectiveness of India’s legal framework addressing domestic violence against women, tracing its transformation from a primarily protective civil regime to an increasingly prosecution-oriented criminal justice response. Domestic violence remains a pervasive socio-legal problem, as evidenced by national survey data and crime statistics showing sustained prevalence and high reporting of cruelty within marital relationships. The study situates domestic violence within international human rights law, constitutional guarantees of equality and dignity, and feminist jurisprudence, conceptualising it not merely as a private family dispute but as a form of gender-based discrimination and a violation of fundamental rights. The analysis maps the substantive legal architecture comprising the Protection of Women from Domestic Violence Act, 2005, which establishes a specialised civil protective regime offering residence, protection, and monetary reliefs, alongside criminal provisions relating to cruelty, dowry death, and related offences now codified under the Bharatiya Nyaya Sanhita, 2023, supported procedurally by the Bharatiya Nagarik Suraksha Sanhita, 2023, and evidentiary reforms under the Bharatiya Sakshya Adhiniyam, 2023. The research further evaluates judicial interpretation, highlighting a progressive trajectory in expanding the scope of domestic relationships, residence rights, and accountability within households, while also acknowledging procedural safeguards developed to balance protection with due process concerns. The study finds that although India possesses a comparatively comprehensive legal framework, significant implementation gaps persist, including institutional delays, weak coordination among enforcement agencies, and socio-economic barriers faced by survivors. It argues that effective reform must prioritise harmonisation between civil and criminal regimes, stronger institutional capacity, survivor-centred procedural safeguards, and constitutionalised interpretation aligned with international human rights standards. The research ultimately concludes that the shift from protection to prosecution must be complemented by systemic, interdisciplinary interventions to ensure meaningful justice and long-term prevention of domestic violence.
| 📄 Type | 🔍 Information |
|---|---|
| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 401–431. |
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| This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License . | © Authors, 2026. All rights reserved. |