Domestic violence is not just a personal issue—it is a serious violation of human rights. It takes many forms: physical, emotional, sexual, economic, and verbal abuse. In India, the law recognizes the gravity of this problem through the Protection of Women from Domestic Violence Act, 2005 (PWDVA), a landmark legislation aimed at protecting women from violence within the household.
As per Section 3 of the Act, domestic violence includes not only physical harm but also emotional abuse, threats, harassment for dowry, and economic deprivation. The law provides for protection orders, residence rights, custody of children, and maintenance to the aggrieved woman.
One of the landmark judgments in this area is Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165, where the Supreme Court widened the scope of the Act by removing the limitation that only adult male members could be respondents. This progressive interpretation strengthened the rights of women within families.
The Act also allows women to stay in their matrimonial homes even during proceedings. As the Supreme Court emphasized in S.R. Batra v. Taruna Batra (2007) 3 SCC 169, however, property rights must be interpreted within legal ownership contexts. This led to debates, but the core message remains: a woman has a right to protection and shelter.
Domestic violence affects not just the victim but entire families and communities. As Justice A.K. Sikri stated, “Violence in the domestic sphere is often overlooked, but it erodes the foundation of human dignity.”
Moreover, the Section 498A of the Indian Penal Code (IPC) criminalizes cruelty by a husband or his relatives, especially in cases related to dowry harassment.
Despite legal safeguards, many cases go unreported due to fear, social stigma, or lack of awareness. NGOs, legal aid services, and helplines play a vital role in empowering women to speak up and seek help.
In conclusion, laws against domestic violence are not just tools of punishment—they are instruments of protection, dignity, and equality. Real change begins with awareness, sensitivity, and ensuring that every home is a safe space.
