Domestic Violence and Legal Recourse: A Study of the Protection of Women from Domestic Violence Act, 2005

MADHU KUMARI

doi:10.36948/ijfmr.2025.v07i04.52188

Domestic Violence and Legal Recourse: A Study of the Protection of Women from Domestic Violence Act, 2005

Author(s)	Ms. MADHU KUMARI
Country	India
Abstract	The Protection of Women from Domestic Violence Act, 2005, is a landmark legislation aimed at addressing and mitigating the pervasive issue of domestic violence in India, a problem deeply rooted in social and cultural practices. This study provides an in-depth analysis of the Act's provisions, highlighting its role in protecting women from various forms of abuse. The Act emerges from the constitutional framework of India, specifically aligned with Articles 14, 15, and 21 of the Indian Constitution, which uphold the principles of equality, non-discrimination, and the right to live with dignity. Recognizing domestic violence as a violation of these fundamental rights, the Act redefines domestic violence in broad terms, encompassing abuse inflicted not only by spouses but by other family members within shared households. The study further explores the causes and manifestations of domestic violence in India, such as dowry-related issues, societal expectations, and economic dependencies, as well as the unique challenges faced by women in rural and urban areas. The Act provides several protective measures, including protection orders to prevent further abuse, residence orders ensuring the victim’s right to remain in the shared home, and monetary relief to cover medical, educational, and maintenance expenses for both the victim and her dependents. Additionally, it includes provisions for the temporary custody of children to safeguard their welfare amid domestic conflict. Despite its strengths, the Act faces challenges in its implementation. There are concerns about the misuse of provisions, particularly by women in certain contexts, which has led to a perception of bias against men. The Act’s comprehensive approach marks a shift in Indian legal history, yet the study emphasizes the need for societal change, better awareness, and stricter enforcement to achieve the Act’s vision of a safer, more equitable society for women.
Keywords	Domestic violence; Societal impact of domestic violence; Legal protections for women; Role of Protection Officers; Implementation of domestic violence laws
Field	Sociology > Administration / Law / Management
Published In	Volume 7, Issue 4, July-August 2025
Published On	2025-07-27
DOI	https://doi.org/10.36948/ijfmr.2025.v07i04.52188
Short DOI	https://doi.org/g9vpsx

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Domestic Violence and Legal Recourse: A Study of the Protection of Women from Domestic Violence Act, 2005

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