Abstract:
India suffers high rates of unacknowledged domestic violence, which exists strongly in cultural guardianship, even though institutional failures and inadequate legal responses make the problem worse. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) advanced the recognition of partner violence, but its gender-exclusive provisions block men and LGBTQ+ people and senior dependents, and children from receiving legal protections. The study performs an analytical investigation of how different societal affiliations between caste, class, and gender, alongside sexuality, age, and disability, influence victims’ situations while making domestic abuse cases invisible to legal institutions. Besides fear of retaliation against punitive action and economic dependence, victims fail to report crimes because of social stigma, as well as insufficient legal literacy and too much time spent in legal procedures, and the lack of police and judicial response. Romantic connections among boys often receive invalidation from others, while members of the LGBTQ+ community detect discrimination through the law, and children who witness family violence develop prolonged psychological damage because existing protection tools are sparse and insufficient. Using doctrinal research combined with comparative analysis, this research assesses Indian domestic violence legislation through a gender-neutral perspective, which is based upon legislation frameworks across the United Kingdom and Canada, and Australia. The author argues for reformative measures to address PWDVA definitions and abuse types at the same time he calls for systems to become more accessible to disabled and queer survivor populations and trauma-sensitive practices across the entire justice chain. The paper demands platformed support services and institution-wide education alongside training for sensitivity and strong community involvement to establish effective communication between legal guidelines and personal experiences. The research calls for replacing previous uniform systems with a new framework that supports every domestic violence survivor regardless of their gender, background or age, or identity.
- Introduction:
1.1 Definitions and Significance
This widespread domestic violence problem exists as a system-wide issue that crosses all socioeconomic groups without regard for cultural differences or geographic locations. The definition of domestic violence encompasses different types of mistreatment, including physical abuse along with sexual abuse and emotional abuse and psychological abuse, and economic abuse that occur between domestic partners or intimate lovers. The Protection of Women from Domestic Violence Act 2005 (PWDVA) defines abuse through section 3 to include a wide range of hostile conduct toward women. The PWDVA serves as a stand-alone civil remedy yet cooperates with section 498A of the Indian Penal Code (IPC) to facilitate criminal charges when needed.[1]
Human rights treaties such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Council of Europe’s Istanbul Convention consider domestic violence a violation of fundamental human rights and enforce state intervention.[2]
Indian law primarily deals with female victims being targeted by male perpetrators within heterosexual households, yet this standard model fails to protect LGBTQ+ persons and elderly citizens, and males from abuse. The PWDVA received partial expansion from Hiral P. Harsorav.v Kusum Narottamdas Harsora, yet doctrinal and procedural restrictions continue.[3]
An inclusive legal framework requires an intersectional analytical method that addresses multiple overlapping identity backgrounds, including caste and gender, together with sexuality and disability, and class, to provide complete protection. According to CEDAW General Recommendation No. 35, intersectionality stands as a fundamental component of state responses to gender-based violence.[4]
[1] Protection of Women from Domestic Violence Act, 2005, Act No. 43 of 2005; Indian Penal Code, 1860, Act No. 45 of 1860.
[2] Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Dec. 18, 1979, 1249 U.N.T.S. 13; Istanbul Convention, Council of Europe, 2011
[3] Hiral P. Harsora v. Kusum Narottamdas Harsora, 2016 SCC OnLine SC 1114
[4] Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), General Recommendation No. 35, U.N. Doc. CEDAW/C/GC/35 (2017).