Critical Analysis of Domestic Violence Act, 2005

8 Pages Posted: 15 May 2011

See all articles by Pallavi Mahajan

Pallavi Mahajan

affiliation not provided to SSRN

Date Written: May 13, 2011

Abstract

Domestic Violence can be described as when one adult in a relationship misuses power to control another. It is the establishment of control and fear in a relationship through violence and other forms of abuse. The violence may involve physical abuse, sexual assault and threats. Sometimes it’s more subtle, like making someone feel worthless, not letting them have any money, or not allowing them to leave the home. Social isolation and emotional abuse can have long-lasting effects as well as physical violence.

It is one of the crimes against women which is linked to their advantageous position in the society. Domestic violence refers to violence against women especially in matrimonial homes. Therefore domestic violence is recognized as a significant barrier to the empowerment of women, with consequences for women’s health, their health-seeking behaviour and their adoption of small family norms.

The question raised in this article is how far the Domestic Violence Act, 2005 has succeeded in fulfilling the requirements of adequately defining all forms of domestic violence and providing redressal and protection to its victims. The issue has been tackled on conceptual and practical grounds, while the aforesaid enactment is an important first step in terms of the concepts it introduces into the Indian legal system, the viability of its implementation may be contested on certain grounds.

Suggested Citation

Mahajan, Pallavi, Critical Analysis of Domestic Violence Act, 2005 (May 13, 2011). Available at SSRN: https://ssrn.com/abstract=1840628 or http://dx.doi.org/10.2139/ssrn.1840628

Pallavi Mahajan (Contact Author)

affiliation not provided to SSRN ( email )

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