| Introduction: Give brief context to the problem of domestic abuse Body: Highlight the effectiveness of the legal framework to address this and the challenges faced. Conclusion: Way forward |
India has made efforts to address the issue of domestic violence through legislative measures, with the most significant being the Protection of Women from Domestic Violence Act (PWDVA) enacted in 2005. According to the latest National Family Health Survey 5 (2019-20), 30 percent of women between the ages of 18 and 49 experienced physical violence from the age of 15, while six percent experienced sexual violence in their lifetime.
Effectiveness of India’s legal framework in protecting domestic violence survivors:
- Criminal offense: In 1983, section 498-A was added to the Indian Penal Code, designating domestic abuse as a distinct criminal offense. The abuse of a married woman by a husband or his family is covered in this section.
- Dowry Prohibition Act 1961: The Act forbids the payment or receipt of dowries. This is to guarantee a shift in India’s dowry culture and related violence.
- Protection of Women from Domestic Violence Act, 2005: The 2005 Protection of Women from Domestic Violence Act mandates that incidents of domestic abuse against women be reported to a Protection Officer. The purpose of the Act was to provide access to justice for women who might not always want to pursue criminal charges and would rather maintain the possibility of reconciliation.
Challenges faced by survivors when seeking justice
- Lack of Police Sensitization: Law enforcement officials frequently show hostility to survivors, possibly due to insufficient training on how to handle cases involving domestic abuse. Police staff must participate in sensitization sessions to guarantee a more encouraging response.
- Judicial Delays: The backlog of cases in the Indian legal system causes delays in the administration of justice. It is crucial to resolve cases quickly to provide survivors with timely assistance.
- Lack of Shelter houses: Survivors’ ability to leave abusive circumstances is hampered by the lack of shelter houses and rehabilitation centres.
- Underreporting: Due to societal stigma, fear of reprisals, economic dependence, and ignorance of legal remedies, domestic violence instances are often underreported, which presents a serious difficulty.
- Inadequate Implementation: The PWDVA has been inconsistently implemented, despite its existence. Due to insufficient knowledge and bureaucratic delays, certain survivors encounter difficulties obtaining protection orders and other forms of assistance.
Conclusion
The protection of Article 21, which guarantees women the right to live with dignity, requires a concerted effort on the part of society and the government. To raise awareness, increase law enforcement’s sensitivity, shorten courtroom delays, and offer survivors complete support services, ongoing efforts are required. Monitoring and addressing these issues is crucial if we are to improve the efficacy of India’s legislative protections for victims of domestic abuse.
