Syllabus: GS-II: Social Justice

Why in the News?

• India enacted the Protection of Women from Domestic Violence Act (PWDVA) on September 13, 2005 to safeguard the rights and dignity of women facing abuse within households.

• As the Act completes 20 years in 2025, it is important to critically assess whether it has fulfilled its promise of justice and protection.

Need of the Act

• Provided a broad definition of domestic violence: physical, emotional, sexual, verbal, and economic abuse.

• Extended protection to married women, live-in partners, and women related by blood or adoption.

• Emphasized civil remedies (protection orders, residence orders, custody rights, monetary relief) → focused more on protection than punishment.

• Envisioned as a beacon of hope, placing safety and dignity at the centre of women’s rights in the domestic sphere.

Harsh Reality and Rising Cases

• Despite its promise, cases of domestic violence have risen steadily.

• 2024 NCW Data: 6,348 complaints of domestic violence.

• “Cruelty by husbands or relatives” = 31.4% of all crimes against women.

• Persistence of dowry-related deaths shows law’s failure to deter deep-rooted patriarchal violence.

Structural Shortcomings in the Law

• Does not address root causes → intergenerational cycles of abuse.

• No mandatory counselling/rehabilitation for perpetrators.

• Excludes LGBTQ+ individuals (heteronormative framework).

• Remedies are rigid & one-size-fits-all → not survivor-specific.

• Compensation & maintenance left to judicial discretion, no income-based guidelines.

Implementation Challenges

• Protection Officers, police, magistrates: poorly trained, overburdened, and biased.

• Act mandates disposal within 60 days, but judicial delays make this rare.

• Poor coordination among Protection Officers, police & NGOs.

• Rural women suffer most → limited courts, shelter homes, awareness campaigns.

Disconnect with Survivors’ Needs

• Lack of long-term psychological support & trauma-informed care.

• Orders (protection/residence) often temporary, unsustainable.

• Law remains reactive, intervening after violence → lacks preventive measures.

Way Forward

• Amend PWDVA to reflect realities of 2025.

• Introduce mandatory counselling & rehabilitation for perpetrators.

• Ensure inclusion of LGBTQ+ survivors.

• Relief measures → case-specific & flexible, with clear guidelines for compensation.

• Strengthen institutional capacity: trained Protection Officers, shelter homes, judicial infrastructure.

• Improve coordination with civil society for effective enforcement.

Conclusion

• PWDVA was progressive in vision but weak in execution.

• Remedies are often temporary & superficial, failing to address structural causes of abuse.

• To truly fulfil its promise, the Act must evolve into a compassionate, survivor-centric, and preventive framework, bridging the gap between legal ideals and lived realities.

APSC Mains Question

Q. “The Protection of Women from Domestic Violence Act, 2005 was envisioned as a shield for women, but its implementation reflects deep institutional and social shortcomings.” Discuss the challenges in effective enforcement of the Act.
(150 Words / 10 Marks)