LIJDLR

FROM LEGISLATIVE PROMISE TO GROUND REALITY: A CRITICAL SOCIO-LEGAL STUDY OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

Shivani Kumari, B.A.LL. B (H), 10th Semester, Student at Amity Law School, Noida (India)

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is an important piece of legislation designed to combat the problem of domestic violence prevalent in India owing to its patriarchal social structure. The aim of this paper is to conduct a socio-legal analysis of the PWDVA focusing on its legislative background, constitutional basis, and judicial interpretations over time. It examines how this legislation differs from other existing legislations on the same subject as it does not adopt a criminal but a civil and rights-based approach, and thus, grants immediate remedies like protection order, residence order, and financial compensation. Additionally, this research paper will examine the broad definition of domestic violence as defined under the PWDVA along with judicial decisions made regarding the scope of the legislation like its applicability to shared household, live-in relationships, and inclusion of respondents in certain cases. But the paper emphasizes that although the act has a liberal and supportive legal framework, there exists a gap between what the legislative framework promises and what is happening in reality. Issues like unawareness among women, stigma associated with the issue, institutional inefficiency, judicial delays, and poor enforcement mechanisms have made it difficult for the act to fulfil its goals effectively. In conclusion, it should be noted that although the Protection of Women from Domestic Violence Act (PWDVA) represents a paradigm shift in the recognition and response to domestic violence as a social and legal problem, its impact will depend on narrowing the gap between the law and practice.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 3186–3207.
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