“Justice At Risk: Addressing the Misuse of the Domestic Violence Act, 2005”

Preety Yadav

doi:10.36948/ijfmr.2025.v07i05.55202

“Justice At Risk: Addressing the Misuse of the Domestic Violence Act, 2005”

Author(s)	Dr. Preety Yadav
Country	India
Abstract	A historic piece of legislation, the Protection of Women from Domestic Violence Act, 2005 (DVAct) sought to give Indian women who were victims of domestic abuse prompt, all-encompassingprotection. It protects women's right to live in dignity and safety by covering verbal, physical,emotional, sexual, and financial abuse. Concern over the possible abuse of the DV Act, whichcould have negative effects on innocent people and families, has grown in recent years, though.The balance between protecting real victims and preventing legal harassment has come underscrutiny due to allegations of fabricated cases and baseless complaints. The misuse of the DV Actis critically examined in this study, with a focus on the socio-legal dynamics and difficulties inachieving justice for both the accused and the victims. The article demonstrates how the judicialsystem has handled cases of abuse while maintaining the Act's main goal by analyzing case studies,court rulings, and statistical data. It also looks at the financial, social, and psychological effects onpeople who are wrongfully accused of domestic abuse. The study emphasizes how crucial it is tofortify procedural protections in order to differentiate between real cases and unfoundedaccusations without compromising the main goal of shielding women from domestic abuse. Thestudy also calls for a more nuanced approach from the judiciary and law enforcement, includingthorough standards for evaluating the evidence, required parties' counseling, and awarenesscampaigns to encourage the moral application of the law. Stricter sanctions for those who fabricatecases are suggested in order to discourage abuse and preserve the integrity of the law as an essentialtool for justice. According to the paper's conclusion, combating the abuse of the DV Actnecessitates a well-rounded structure that upholds justice, protects the rights of actual victims, andkeeps public confidence in the legal system from declining.
Keywords	domestic relations, Domestic Violence, Misuse
Published In	Volume 7, Issue 5, September-October 2025
Published On	2025-09-05
DOI	https://doi.org/10.36948/ijfmr.2025.v07i05.55202

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“Justice At Risk: Addressing the Misuse of the Domestic Violence Act, 2005”

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