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

Volume IV Issue I /

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) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.142 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.

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DOMESTIC VIOLENCE TOWARDS MEN: A SOCIOLEGAL ANALYSIS

Volume I Issue II /

DOMESTIC VIOLENCE TOWARDS MEN: A SOCIOLEGAL ANALYSIS Aastha Sinha, Student at Alliance School of Law, Alliance University, Bengaluru. Vaishnavi N, Student at Alliance School of Law, Alliance University, Bengaluru. Download Manuscript ABSTRACT We live in a society where it propagates the notion that men and women should be treated equally. But when it comes to equality in the law, we are making it divergent for the existing genders where the law itself is assuming that women can only be the victim and men are the perpetrators especially in the cases of domestic violence which is creating injustice in the society, leaving the men feel inferior if they address their problem of being the sufferer of domestic violence. As society is assuming that men are physically strong and can dominate women in all the ways, it is making the concept more complicated as we cannot state that it is just about violence but also includes abuses faced by men through the acts of their respective spouse and other family members. Men also suffer similar domestic violence at the same intensity more or less like a woman but still the percentage of men domestic violence that are reported are relatively less. The major challenge in front of men is the fear of police as to seeking of help because of the indifferent way of interrogation, which again relates to the image in the society they are holding. As the society, majorly watch media which propagates the victimization of women and repeatedly showing that men are always guilty, it is leading to spicing up of this issue in a negative way. The social stigma of domestic violence towards men are so brawny that the society does not believe that men can also be the victim, which result in escaping of the abuser automatically. It can be clearly seen how the law is silent with the gender biased provision which only protect women from the violence leaving men and other genders with the question of doubt. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 116 – 130. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content DOMESTIC VIOLENCE TOWARDS MEN: A SOCIOLEGAL ANALYSIS PRESUMPTION IN FAVOUR OF THE RAPE VICTIMS UNDER THE EVIDENCE ACT, 1872: TRACING THE SOCIAL, LEGAL AND ETHICAL IMPACT ARTIFICIAL INTELLIGENCE AND CONSTITUTIONAL RIGHTS: ASSESSING AN IMAGINABLY UNIMAGINABLE FUTURE BOOK REVIEW: “BEFORE MEMORY FADES: AN AUTOBIOGRAPHY” BY FALI S. NARIMAN UNBORN BENEFICIARIES AND PERPETUITY RULE: A COMPARATIVE ANALYSIS OF SECTION 13 & SECTION 14 IN THE TRANSFER OF THE PROPERTY ACT, 1882 PLEA OF ALIBI AND IT’S RELEVANCE IN CRIMINAL TRIALS

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