PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT,2005: FEATURES, CHALLENGES AND THE NEED FOR GENDER NEUTRAL PROTECTION LAWS

Domestic violence remains a serious social and legal issue which is still stigmatised in the Indian society. It is when a woman is physically, mentally, emotionally, verbally or economically abused in a domestic household setting by an intimate partner or his relatives. It affects the physical, emotional, psychological, and economic well-being of a woman. India has had a long journey of struggle against domestic violence where it is deeply rooted into gender inequality, patriarchal mindset of society and expectation to follow traditional gender roles, putting women in a vulnerable position and limiting them as mere nurturers. To fight against this struggle and provide rightful justice to women, the Indian Parliament enacted the Protection of Women from Domestic Violence Act, 2005 (PWDVA) which is marked as a legal milestone and a significant development in Indian law by recognizing domestic violence not only as physical abuse but also as emotional, verbal, sexual, and economic abuse. This research paper examines the salient features and legal framework of PWDVA, the social causes of domestic violence, the emergence of PWDVA its criticisms and reformative suggestions along with its relationship with Section 498A of the Indian Penal Code (IPC). The paper emphasizes the importance of strengthening legal awareness, institutional support, and social reforms to ensure better protection of women against domestic violence. The study adopts a doctrinal research methodology based on statutory analysis and secondary sources such as legal journals, articles, reports and case laws. The paper concludes that although the PWDVA is a legal milestone aiming at safeguarding women’s rights and dignity, its effectiveness largely depends upon proper implementation, public awareness, infrastructural changes and societal change toward gender equality.