DOMESTIC VIOLENCE AND LEGAL PROTECTION UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

INDIAN JOURNAL OF LEGAL REVIEW

DOMESTIC VIOLENCE AND LEGAL PROTECTION UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

DOMESTIC VIOLENCE AND LEGAL PROTECTION UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

AUTHOR – SHRIDAAR M, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – SHRIDAAR M, DOMESTIC VIOLENCE AND LEGAL PROTECTION UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 35-44, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Domestic violence remains one of the most pervasive yet underreported forms of gender-based violence in India, affecting millions of women across socioeconomic, cultural, and geographic boundaries. Despite constitutional guarantees of equality and dignity, women in domestic settings continue to face physical, emotional, sexual, and economic abuse, often perpetuated by deeply entrenched patriarchal norms and familial power structures. The enactment of the Protection of Women from Domestic Violence Act, 2005 (PWDVA) marked a watershed moment in Indian legal history by providing a comprehensive civil remedy framework designed to protect women in domestic relationships, moving beyond the limited scope of criminal provisions under Section 498A of the Indian Penal Code. This paper undertakes a detailed legal analysis of the PWDVA, examining its definitional scope, protective mechanisms, institutional framework, and remedial provisions including protection orders, residence orders, monetary relief, and custody orders. Adopting a doctrinal research methodology, the study analyzes statutory provisions, judicial pronouncements, and scholarly literature to assess both the strengths and limitations of the Act. The paper identifies several critical challenges in implementation, including delays in judicial proceedings, inadequate infrastructure for Protection Officers and service providers, low awareness among beneficiaries, societal stigma discouraging complaints, and limited enforcement of court orders. Through examination of landmark judicial decisions and comparative analysis with international frameworks, the paper recommends comprehensive reforms including strengthening institutional capacity, enhancing judicial efficiency, and promoting community-based prevention programs.

KEYWORDS – Domestic Violence, Gender Rights, Protection of Women, PWDVA 2005, Legal Protection, Women’s Rights, Civil Remedies, Gender-Based Violence