LIJDLR

shared household

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.

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

WHEN WELFARE STATUTES COLLIDE: A CASE STUDY OF S. VANITHA V. DEPUTY COMMISSIONER

Volume IV Issue I /

WHEN WELFARE STATUTES COLLIDE: A CASE STUDY OF S. VANITHA V. DEPUTY COMMISSIONER Harshita Khanna, LL.M (Family law), Student at Amity Institute of Advanced Legal Studies, Amity University Uttar Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.131 Judicial interpretation has played a major role in the development of the legal relationship between the rights granted to senior citizens under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (MWPSC Act) and the residence rights of daughters-in-law under the Protection of Women from Domestic Violence Act, 2005 (PWDV Act). In the absence of an explicit statutory relationship between these two welfare legislations, the judiciary has been forced to evolve principles of harmonious interpretation to deal with conflicts arising in joint living spaces. It traces the judicial trajectory from the restrictive interpretation of “shared household” in S.R. Batra v. Taruna Batra, through the expansive and gender-sensitive re-articulation in Satish Chander Ahuja v. Sneha Ahuja, to the principle of harmonisation established in S. Vanitha v. Deputy Commissioner, Bengaluru Urban District. This research aims to critically examine the development of judicial trends in this area, particularly focusing on the Supreme Court’s verdict in S. Vanitha judgment, thereby highlighting the judiciary’s role in harmonising conflicting welfare legislations by grounding its reasoning in constitutional principles of dignity, equality, and substantive justice.

WHEN WELFARE STATUTES COLLIDE: A CASE STUDY OF S. VANITHA V. DEPUTY COMMISSIONER Read More »