DOMESTIC VIOLENCE AGAINST WOMEN
- Admin
- Jun 16
- 10 min read
Author: Sanika Aggarwal
Abstract
Domestic violence is a continued violation of human rights and is one of the major social and legal concerns in India. This paper explores the concept, causes, consequences, and legal framework surrounding domestic violence, with special focus on the Protection of Women from Domestic Violence Act, 2005 (PWDVA). The discussion begins with an exploration of the definition and scope of domestic violence, highlighting its complex nature that encompasses physical, emotional, sexual, and economic abuse, as defined in Section 3 of the Act. It also delves into the socio-cultural, economic, environmental, and behavioural factors that contribute to domestic violence, as well as the psychological and physical impacts of domestic abuse on the victims and their families.
This paper presents a critical review of the major legal provisions for combating domestic violence, covering civil remedies under the PWDVA and criminal liability under the Bharatiya Nyaya Sanhita, 2023. By reviewing the landmark judicial pronouncements in Satish Chander Ahuja v. Sneha Ahuja, Hiral P. Harsora v. Kusum Narottamdas Harsora, and S. R. Batra v. Smt. Taruna Batra, the paper illustrates the developing judicial understanding of women’s rights to residence and the expansive definition of “respondent” under the Act. The research also highlights major difficulties in the effective implementation of the PWDVA, including structural issues, procedural delays, and limited awareness and accessibility, particularly in rural and semi-urban areas.
The paper concludes that while the PWDVA is a progressive and comprehensive legal tool for combating domestic violence, its effectiveness depends on effective implementation, institutional support, judicial efficiency, and increased public awareness. Improving administrative mechanisms and ensuring timely relief are critical to translating the Act's legislative mandate into concrete rights for women.
Keywords: Domestic Violence; Protection of Women from Domestic Violence Act, 2005; PWDVA; Women’s Rights; Civil Remedies; Bharatiya Nyaya Sanhita, 2023; Judicial Interpretation; Right to Residence; Domestic Relationships; Implementation Challenges
What is Domestic Violence?
Domestic violence can be defined as a pattern of violent behaviour that one partner often exhibits in a relationship to gain control over the other. It is not limited to just physical abuse but can also take the form of economic, emotional, sexual, and psychological abuse. Domestic violence is not specific to any type of person and can happen regardless of their race, caste, sexual orientation, gender, or religion.1
According to Section 3 of the Protection of Women against Domestic Violence Act,2005, domestic violence is defined as any action or behaviour by the respondent that hurts or threatens the victim. It is divided into 4 categories-
● Anything that damages your health, safety, or well-being. Includes sexual, physical, verbal, emotional, and economic abuse.
● Hurting or pressuring you or your family members to meet any unlawful demand, like dowry.
● Even threatening to do any of the above counts as domestic violence, even if no actual physical touch is involved.
● Any other behaviour that causes physical or mental suffering. 2
The legislative intent behind Section 3 was to broaden the scope of “harm” beyond the physical to include systemic economic and emotional control.
Causal Factors
One single factor cannot be established as the reason why domestic abuse occurs in a relationship. There are a variety of reasons leading to it.
1) Cultural Factors: Historically speaking, a woman has always been viewed as a man’s property, and the patriarchal society has permitted beating and chastising people who are seen as helpless, like women and children. Additionally, a family’s honour and dishonour are tied to a woman's actions. Therefore, women are more subject to being abused domestically.3
2) Economic Factors: Economic abuse can take place in two scenarios, one is when the woman is not earning and totally dependent on her husband for her finances, and in the second case, it can occur when the woman is not dependent on her husband economically. If she is financially independent, the husband might force his wife to transfer all her money to him, which can lead to mental stress.
3) Environmental Factors: Domestic violence may be more likely to be committed by adults who watched or experienced abuse as children and who grew up in an abusive home. The term "intergenerational cycle of abuse" describes this. A woman who was raised in an abusive home may come to believe that being abused is common and that she is probably to blame.
4) Behavioural factors: A controlling or domineering nature, drug addiction, upbringing, psychological incapacity (bipolarism, depression, stress, etc.), anger management issues or aggressive attitudes, and any other factors that also contribute to domestic violence are examples of behavioural factors.
Effects of Domestic Violence
The consequences of domestic abuse are not only suffered by the victim but also by the people around the victim, like children and family members.
1) Psychological effects
Domestic abuse victimisation is associated with a higher risk of depression, suicide, and posttraumatic stress disorder (PTSD). Stress, anxiety, and loneliness brought on by traumatic experiences might result in depression and suicidal thoughts or actions.4
2) Physical effects
Bruises, red or purple markings, sprained or broken wrists, muscle tensions, shortness of breath, altered eating and sleeping habits, menstrual cycle or reproductive problems, and other injuries are possible for victims.
Legal Provisions Related to Domestic Violence
1) Protection of Women from Domestic Violence Act, 2005
The PWDVA was enacted to provide effective protection to women against domestic violence and to prevent its occurrence within domestic relationships. Unlike traditional criminal provisions, the Act emphasises civil relief aimed at immediate protection and rehabilitation of victims.5
Key features of the Act
● Inclusion of a definition of Domestic Violence based on the UN Framework for Model Legislation on Domestic Violence & the UN Declaration on Elimination of Violence Against Women (GA Res. 48/104 of 1993)
● Unambiguous recognition of the woman's right to live free from violence. Providing immediate relief to victims in cases of emergency
● The right to reside in a shared household recognises inequality within the home.
● Ensures effective access to justice – introduces new authorities & mechanisms (Protection Officer (PO) t o act as the interface between the woman and the court)
● Intended specifically to protect women (though it does include children -- both male & female). Covers mothers, daughters, sisters, widows, relations through adoption, etc.
● Recognition of “relationships like marriage” – victims of bigamous/fraudulent marriages, cohabitation.
● Mix of both civil & criminal laws – Two-stage process
1. Civil orders passed by the Magistrate on an application under S. 12
2. Coverage Who can Complain: Aggrieved Person [Section 2(a)] On breach of civil orders by the perpetrator, arrest (imprisonment &/or fine)6
2) Bharatiya Nyaya Sanhita,2023
Section 85 of the Bharatiya Nyaya Sanhita, 2023 (formerly The Indian Penal Code) provides for punishment for cruelty committed by the husband or relatives against the wife. The term cruelty includes-
● Physical cruelty means causing any physical harm, such as beatings, assaults, and injuries.
● Mental cruelty includes harassment, humiliation, threats and abusive behaviour.
● Economic cruelty includes withholding money, seizing finances, or denying basic needs.
● Dowry Harassment means demanding money, property, or gifts before or after marriage.7
The punishment provided for such acts under the Act is imprisonment for up to 3 years, with a fine.
Case Laws
1) Satish Chander Ahuja vs Sneha Ahuja (2020)8
Case Summary and Core Issues
This recent Supreme Court ruling addressed the crucial issue of the Right to Residence under the PWDVA. It directly confronted the restrictive interpretation of the "shared household" (Section 2(s)) previously set by the S.R. Batra case (2006). The core question was whether a wife could claim the right to live in a house owned exclusively by her mother-in-law or father-in-law, in which her husband held no legal title.
Judgment
The Supreme Court overruled the judgment passed in the S.R. Batra case. This judgment, passed in 2006, took a significant step toward protecting and reinforcing women’s rights in India. The term "shared family" should be interpreted in a way that aligns with the commonly used legal inference. Therefore, this word refers to any household in which the wronged person has lived for a specific period of time, regardless of the holder's regard and original title to the property, and without any construction. By applying the literal rule of interpretation when determining what constitutes a shared family or what terminology can be used while taking into account the essential provisions of the Domestic Violence Act of 2005, the Supreme Court provided relief to the Respondent.9
2) Hiral P. Harsora vs Kusum Narottamdas Harsora (2016)10
Case Summary and Core Issues
According to Section 2(q) of the Act, the respondent was initially defined as any "adult male person" who is or has been in a domestic relationship with the aggrieved woman. This important decision addressed the constitutionality and reach of the term "Respondent" under the PWDVA. Whether this gender-biased restriction, more especially, the term "adult male", was discriminatory and undermined the Act's intent by protecting female abusers was in dispute.
Judgment
The Supreme Court declared that the usage of the term "adult male" in Section 2(q) was unconstitutional and in violation of Article 14 (Equality before the law). If the husband's female relatives, such as a mother-in-law or sister-in-law, can be accused of "cruelty" under IPC Section 498A (now Section 86 as per the Bharatiya Nyaya Sanhita, 2023), the Court reasoned. It makes sense that they should also be held accountable for domestic violence under the PWDVA.
The restrictive word "adult male" was eliminated. The expanded definition of "Respondent" now includes any person who has a relationship with the victimised woman and has engaged in domestic violence, regardless of gender or age.11
3) S.R. Batra vs Smt. Taruna Batra (2006)12
Case Summary and Core Issues
This decision, made soon after the PWDVA came into effect, offered the first judicial interpretation of the "Shared Household" (Section 2(s)). The conflict started when the wife wanted to live in a home that belonged solely to her mother-in-law and in which the husband had no ownership rights. Whether this home met the requirements for a Residence Order as a "shared household" was the question.
Judgment
The Supreme Court took a severe stance, ruling that a wife could not live in a home that her father-in-law or mother-in-law entirely owned and to which her husband lacked title, interest or right. The husband's duties shouldn't include restricting his parents' sole property, the court reasoned.
The Court defined a shared household as basically any home that the husband owns or rents, or that is a part of the joint family in which the husband resides.13
Challenges in the implementation of the Act
1) Structural gaps in implementation mechanisms
Protection Officers (POs) are the backbone of the PWDVA implementation system. However, several structural issues compromise their effectiveness:
● In many districts, only one Protection officer is appointed. This makes the timely intervention of the authority quite challenging.
● In most states, existing government officials are appointed as Protection Officers. This makes it difficult for them to decide which matter should be given more importance.
● Resources are limited for the Protection Officers. They lack basic resources such as transportation and communication facilities.
2) Procedural Challenges
The PWDVA instructs the courts to dispose of an application in 60 days, but still, some of them drag on for many years due to the following challenges:
● The Courts are overburdened with numerous matters. This makes the process very time-consuming.
● PWDVA proceedings frequently become confrontational and require substantial evidence, even though they are intended to be a simple procedure.
● Because of notification requirements and respondents' requests for postponements, interim orders, which are essential for urgent protection, are regularly delayed.14
3) Issues with Awareness and Accessibility
The PWDVA, despite its civil advantages, experiences lower usage rates compared to IPC 498A:
● Lack of Information: Women in rural and semi-urban areas often lack awareness of the civil remedies available, viewing the police (and IPC 498A) as their sole option.
● Barriers to Accessibility: Insufficient transportation infrastructure, travel and legal expenses (even with provisions for free legal aid), and the lack of accessible judicial venues frequently prevent vulnerable women from starting the application process. 15
Conclusion
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is a major milestone in the reformative journey of the Indian legal and social system. Through the creation of a holistic civil and remedial framework, the Act expands the definition of violence to encompass not only physical violence but also emotional and economic violence. Also, it extends the ambit of protection to women living in live-in relationships. Notable judicial pronouncements, particularly in the cases of Satish Chander Ahuja v. Union of India and Hiral P. Harsora v. Kusum Harprasad, have furthered this cause by securing safe rights to residence and holding violators liable, irrespective of gender.
However, the operational efficacy of the PWDVA is greatly hampered by systemic issues. These include ineffective implementation by Protection Officers, judicial delays that far exceed the 60-day time limit under the Act, and difficulties in enforcing pecuniary orders. The answer to this problem goes beyond the need to refine the Act itself. It requires improvements in the administrative setup through dedicated resources, enhanced training, and increased awareness to ensure that the Act's progressive provisions are translated into concrete protective action for all women.
References
1. What is Domestic Abuse, available at: https://www.un.org/en/coronavirus/what-is-domestic-abuse
2. Protection of Women from Domestic Violence Act, 2005, s. 3
3. Singla, Palak, Domestic Violence Against Women and Its Types, Causes, Effects and Remedies (March 14, 2024). available at SSRN: https://ssrn.com/abstract=5447355
4. What is Domestic Violence and Who is At Risk?, available at: https://www.psychiatry.org/patients-families/domestic-violence#:~:text=Being%20a%20victim%20of%20domestic,PTSD)%2C%20depression%20and%20suicide.&text=Exposure%20to%20traumatic%20events%20can,and%20suicidal%20thoughts%20or%20behavior.
5. Statement of Objects and Reasons, The Protection of Women from Domestic Violence Bill, 2005.
6. Jhuma Sen, The Protection of Women from Domestic Violence Act, 2005 Handbook for Parliamentarians: July-August 2014 9 (Centre for Legislative Research and Advocacy)
7. Bharatiya Nyaya Sanhita, 2023, s. 85
8 Satish Chander Ahuja vs Sneha Ahuja on 15 October, 2020, AIRONLINE 2020 SC
9. Satish Chander Ahuja vs Sneha Ahuja (2020), available at: https://theamikusqriae.com/satish-chander-ahuja-v-sneha-ahuja-air-2020-sc-2483/#_ftn5
10. Hiral P. Harsora And Ors vs Kusum Narottamdas Harsora And Ors on 6 October, 2016, AIR 2016 SC 4774
11. Hetavi Bari, Exploring the Rules of Interpretation in Hiral P. Harsora and Ors. vs Kusum Narottamdas Harsora and Ors., available at:
12. S.R. Batra And Anr vs Smt. Taruna Batra on 15 December, 2006, AIR 2007 SC 1118
13. Bridging the Gaps: Challenges in Implementing the Domestic Violence Act, available at:
14. Bridging the Gaps: Challenges in Implementing the Domestic Violence Act, available at:
15. Bridging the Gaps: Challenges in Implementing the Domestic Violence Act, available at:
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