International Journal For Multidisciplinary Research
E-ISSN: 2582-2160
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A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal
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Volume 8 Issue 2
March-April 2026
Indexing Partners
Domestic Violence as a Human Rights Violation: A Critical Legal Analysis in Indian Context
| Author(s) | Pooja, Dr. Ashwani Kumar Dwivedi |
|---|---|
| Country | India |
| Abstract | Abstract Domestic violence constitutes a pervasive and deeply entrenched violation of women's human rights, particularly within developing legal frameworks such as India. Notwithstanding the enactment of the Protection of Women from Domestic Violence Act, 2005, a substantial disjunction persists between legislative intent and effective implementation. This study critically examines domestic violence through a human rights paradigm, situating it within the constitutional framework of Articles 14, 15, and 21, which guarantee equality, non-discrimination, and the right to life and dignity. Adopting a doctrinal research methodology, the analysis draws upon statutory provisions, judicial pronouncements, and relevant international human rights instruments to argue that domestic violence transcends the private sphere and constitutes a grave infringement of fundamental rights and peremptory norms of international law. The paper further interrogates structural and systemic barriers—including institutional inadequacies, socio-cultural entrenchment of patriarchal norms, limited victim awareness, and procedural inefficiencies—that impede the effective enforcement of protective legislation. Through a comparative assessment of legal frameworks in the United Kingdom and the United States, the study identifies best practices and contextualizes them within the Indian legal system. It concludes by advancing targeted, evidence-based policy recommendations aimed at strengthening implementation mechanisms, enhancing institutional accountability, and ensuring substantive access to justice for survivors of domestic violence. |
| Published In | Volume 8, Issue 2, March-April 2026 |
| Published On | 2026-04-12 |
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E-ISSN 2582-2160
CrossRef DOI is assigned to each research paper published in our journal.
IJFMR DOI prefix is
10.36948/ijfmr
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