Abstract
The debate surrounding the alleged misuse of domestic violence laws in India has generated significant legal and societal concern, often positioning such legislation as both a tool of protection and, at times, a perceived instrument of harassment. The Protection of Women from Domestic Violence Act, 2005 was enacted to provide comprehensive civil remedies to victims facing abuse within domestic relationships. However, growing claims of misuse have influenced public discourse, raising questions about the effectiveness and fairness of these legal protections. This study seeks to examine whether such narratives are grounded in empirical reality or shaped by societal and media perceptions.
The primary objectives of this research are to analyse the extent of alleged misuse, evaluate its impact on access to justice, and assess how such claims influence societal attitudes toward victims. The research addresses key problems, including whether misuse is statistically significant, how it affects the credibility of genuine complaints, and whether legal safeguards adequately balance protection with prevention of abuse.
Adopting a socio-legal methodology, the study combines doctrinal analysis of statutes and judicial pronouncements with secondary data from sources such as the National Crime Records Bureau and a review of media narratives. This approach enables a comprehensive understanding of both legal provisions and their societal interpretation.
The findings indicate that while instances of misuse cannot be entirely denied, they are relatively limited and often overstated in public discourse. Such exaggeration contributes to the stigmatization of complainants, discourages reporting of genuine cases, and risks undermining the protective intent of the law. The study concludes that a balanced approach—incorporating procedural safeguards without weakening victim protection—is essential to uphold the objective of gender justice.
Keywords: Domestic Violence, Misuse Debate, Gender Justice, Socio-Legal Analysis, Access to Justice
INTRODUCTION
The development of protective legislation for women in India represents a significant legal response to entrenched gender disparities and the persistent reality of violence rooted in socio-cultural norms. Historically, women have been subjected to systemic discrimination, both within domestic spaces and in public life, which has necessitated the creation of targeted legal safeguards to uphold their rights, dignity, and security. In this context, several legislative measures have been enacted, including the Protection of Women from Domestic Violence Act, 2005, provisions relating to cruelty by husbands and relatives under Section 498A of the Indian Penal Code (now incorporated within the Section 85 of Bharatiya Nyaya Sanhita), and the Dowry Prohibition Act, 1961. These laws aim to address various forms of abuse, ranging from physical and emotional violence to economic exploitation and dowry-related harassment1.
Despite their progressive objectives, these legal frameworks have increasingly come under scrutiny in recent years due to allegations of misuse. A growing section of public discourse—often influenced by selective media representation and anecdotal accounts—suggests that such provisions are sometimes invoked in a manner that leads to harassment of husbands and their families. This has contributed to the emergence of a competing narrative, where laws intended as instruments of protection are perceived, in certain instances, as mechanisms capable of being weaponised.
This dichotomy between protection and alleged misuse has generated a complex legal and societal debate. It raises critical questions about the balance between ensuring justice for victims of gender-based violence and preventing the potential abuse of legal provisions. More importantly, it invites an inquiry into whether claims of misuse are supported by credible empirical evidence or whether they reflect deeper patriarchal resistance to shifting gender dynamics and the increasing assertion of women’s rights.
Against this backdrop, the present article undertakes a critical examination of the scope and effectiveness of protective laws for women, the nature and extent of their alleged misuse, and the implications of this debate for the evolving concept of gender-neutral justice within the Indian legal system.