Why in the News?

The Protection of Women from Domestic Violence Act, 2005 has completed 20 years.

About the PWDV Act, 2005

• The act aimed to ensure the fundamental rights of women guaranteed under Articles 14, 15 and 21. 
• India, as a signatory to Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), was required to legislate specifically against domestic violence, recognizing it as a violation of human rights.

Key provisions of the Act

• Wide definition of Domestic Violence (DV): Includes actual abuse or threat of abuse including  physical, sexual, emotional, verbal, and economic abuse.
  • Harassment by way of unlawful dowry demands to women victim or her relatives also constitutes DV.
• Scope: Applies to all women in domestic relationships: marriage, live-in relationships, familial ties, and shared households.
• Rights of Women:
  • Right to reside in shared household (irrespective of ownership).
  • Provides temporary custody of child.
  • Reliefs include protection orders to prevent acts of domestic violence, Monetary Orders for maintenance for herself and her Children, and Compensation order for damages caused to her.
• Institutional Framework
  • Protection Officers: Appointed to assist victims, coordinate support, provide legal aid, and ensure enforcement of orders.
    • They are required to report the cases of DV to the Magistrate upon receipt of complaints and to assist Magistrate in discharge of functions.
  • Service Providers: NGOs and government agencies to provide counseling, shelter, medical assistance, and legal help.
  • Government Duties: Promote awareness, training, and coordination among stakeholders.
• Procedure and Enforcement
  • Time-bound justice: Woman victim can get immediate civil remedies within 60 days.
  • Evidence: Sole testimony of the aggrieved woman is admissible as proof, easing the burden on the victim.
  • Penalties: Breach of court orders punishable with imprisonment/fine.

Has it been successful?

• Judicial Expansion of Protection Scope: Landmark court judgments expanded the Act's reach.
  • For instance, extending protection to women in live-in relationships (D. Velusamy v D. Patchaiammal, 2010) and removing gender-specific restrictions on who can be named as respondents (Hiralal P. Harsora v. Kusum Harsora, 2016).
• Decline in Registered Domestic Violence Cases: From 507 cases registered under the Act in 2021 to 468 in 2022. (NCRB Report, 2022)
  • Similarly, there is reduction in spousal violence, 31.2% (NFHS-4, 2015–16), 29.3% (NFHS-5, 2019–20).
• Recognition of Women's Rights and Cultural Shift: By framing domestic violence as a serious social and legal issue rather than a private family matter, the Act has helped drive a cultural shift.
• Civil Remedies for Immediate Protection: Unlike criminal laws which may deter women from filing complaints against husbands or relatives, PWDVA offers civil remedies focused on protection and safety such as protection orders, residence rights, and maintenance.
• Other key achievements: 
  • Legal Recognition of Diverse Forms of Abuse beyond physical cruelty and dowry harassment covered by earlier laws like IPC 498A.
  • Enhanced Accessibility Through Multiple Avenues.

Challenges in implementation

• Low Conviction Rate: Conviction rate under the PWDVA was around 18% (2022 National Crime Record Bureau Report) reflecting that only a fraction of cases registered leads to conviction.
• Judicial and Legal Limitations: Restrictive judicial interpretations, such as the Supreme Court ruling in S.R. Batra v. Taruna Batra (2007) narrowing the definition of "shared household," have limited the scope of protection for many women.
  • Challenges in evidence and proof, where lack of concrete witnesses and documentation makes enforcement difficult despite acceptance of oral testimonies.
• Social and Cultural Barriers: Deep-rooted patriarchal mindsets normalizing DV as a private family matter and social stigma linked to divorce or separation, discourage women from seeking help.
• High Incidence of Domestic Violence despite Legal Safeguards: Cruelty by husband or his relatives (IPC Sec. 498A) accounted for 31.4% of all crimes against women in 2022.
• Other challenges:
  • Inadequate training and understaffing of Protection Officers hampers effective assistance.
  • Limited availability of shelter homes and service providers, especially in rural areas.
  • Insensitive handling of cases by police officers.
  • Gender-specific approach that excludes male victims.

Way Forward

• Strengthen standards and training for Protection Officers for improved victim support and accountability.
• Sensitize and expand women-focused police units to enhance reporting and trust.
• Increase shelter homes and rehabilitation programs with holistic survivor support.
• Promote women's education, economic empowerment, and community engagement to dismantle patriarchal mindsets.
• Incorporate emerging amendments to address female perpetrators and expand rehabilitation frameworks.
• Leverage government schemes (like STEP programme) to enhance survivor independence.

Conclusion

Two decades later, the PWDVA stands as both a milestone and a mirror. It reflects the progress India has made in recognising women's rights and the long road ahead in dismantling the social, economic, and cultural barriers that keep women trapped in violent homes.