Definition And Scope Of Domestic Violence Under The 2005 Act

Abstract

This paper critically examines the definition and scope of domestic violence under the Protection of Women from Domestic Violence Act, 2005 (PWDVA) and puts it in its context of the wider application of gender justice and constitutional safeguards. The comprehensive nature of violence as understood in the Act physical, sexual, verbal, emotional and economic abuse represents a paradigm shift in the wrongdoing/punitive approach to legal intervention to a rights-based approach. By considering some of the most important judicial statements like the case of (Indra Sarma v. V.K.V. Sarma), (V.D. Bhanot v. Savita Bhanot), and (Hiral P. Harsora v. Kusum Harsora). The paper, Kusum Harsora, explains why the judiciary has been applying the Act broadly to apply to live in relationships and to female respondents. The discourse also interacts with the constitutional provisions guaranteed in Articles 14, 15(3), and 21, with the Act in line with the fundamental human rights. Although it is a progressive structure, even with a progressive framework, it has continued to face a number of challenges in terms of implementation, awareness as well as institutional support that hinder its effectiveness to the extent that a thorough reform and gender-sensitive enforcement mechanisms are required.

Keywords- Domestic Violence, Protection of Women against Domestic Violence Act, 2005, Gender Justice, Constitutional Rights, Human Dignity, Judicial Interpretation, Women Protection Laws, Live in Relationships