Ensuring equality: a gender-neutral approach to Domestic Violence Law in India

Gurav Vaishali Manoj; Bang Sanjay Satyanarayan; Sahil Gurudev

doi:10.5281/zenodo.14031881

Gurav Vaishali Manoj Christ (Deemed to be University), Lavasa Campus, Pune, India. https://orcid.org/0009-0003-6624-8869
Bang Sanjay Satyanarayan Christ (Deemed to be University), Lavasa Campus, Pune, India. https://orcid.org/0000-0002-9265-1278
Sahil Gurudev Symbiosis International (Deemed University), Pune, India. https://orcid.org/0000-0002-9403-5751

DOI: https://doi.org/10.5281/zenodo.14031881

Keywords: domestic violence, investigation, gender, equality, justice

Abstract

The Protection of Women from Domestic Violence Act, 2005 (PWDVA), provides legal measures to address Domestic Violence (DV) in India. To empower women and ensure gender equality in India is the aim of this Act. However, many concerns have come to light regarding false complaints and the failure to address the domestic abuse experienced by men. It has been argued by critics that the broad definitions of DV, which include acts like “insults” and “ridicule,” have a tendency to interpret trivial disputes being reported as DV. Critics have also argued that the Act is being utilized to target other women in the families, including mothers-in-law and sisters-in-law. Difficulties in implementing the legislation stem from insufficient numbers of Protection Officers and a lack of responsiveness from the police, leading to inadequate investigation and documentation. This facilitates frivolous allegations, encouraging the exploitation of the legal provisions, thereby perpetuating gender disparities and injustices in legal proceedings. It is imperative to revise the clauses of the existing Act to enhance its effectiveness and mitigate harm. Overlooking this matter may result in an unwarranted rise in the cases of domestic violence and overload the judicial system with cases that deviate from the legislative objective.

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Author Biographies

Gurav Vaishali Manoj , Christ (Deemed to be University), Lavasa Campus, Pune, India.

Research Scholar, Christ (Deemed to be University), Lavasa Campus, Pune, India.

Bang Sanjay Satyanarayan , Christ (Deemed to be University), Lavasa Campus, Pune, India.

Associate Professor, Christ (Deemed to be University), Lavasa Campus, Pune, India.

Sahil Gurudev , Symbiosis International (Deemed University), Pune, India.

Assistant Professor, Symbiosis Law School, Hyderabad Campus, Symbiosis International (Deemed University), Pune, India.

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