Examining Indian Laws on Domestic Violence in the Context of Gender Equality

Abstract

Domestic violence is an ongoing and pervasive challenge present in society. The patriarchal system can be identified as the principal cause of such gender inequality in Indian society. Domestic violence emerges from a combination of various triggering elements, often accompanied by some form of provocation. Moreover, its impact on our contemporary society is even more pronounced due to the influences of modernization and technological advancements. Violation of women’s rights through acts of violence represents a grave breach of human rights and remains a concerning societal concern.
Hence this article employs a multifaceted framework to understand domestic violence comprehensively. It takes a multidimensional approach to grasp the nuances of this complex issue. The analysis extends to various manifestations of domestic violence drawing from various case laws, thereby highlighting the present status of women. The article tries to explore the prevailing understanding of domestic violence and its ramifications on women’s lives. It proceeds to study Indian legal provisions designed to address domestic violence, including the Protection of Women from Domestic Violence Act, of 2005. In India, legislative measures have been enacted to combat this problem and safeguard the rights of women. This article critically examines the laws, considering their effectiveness, challenges, and impact on advancing gender equality and women’s empowerment. However, the article contextualizes these legal measures within the border landscape of gender equality and women empowerment. It explores how such legislation aligns with international frameworks and commitments promoting gender equality.