Evolution/ History of Protection of Women from Domestic Violence act, 2005.

Evolution/ History of Protection of Women from Domestic Violence act, 2005. 

There is no chance for welfare of the world unless the condition of woman is improved.                                                                                                                 -  Swami Vivekanada

One of the globally recognized and prevalent type of violence against women is domestic violence and it is addressed through a proper legislation in approximately 125 countries. This subject of violence against women was very few first topics of the popular reform agenda for the women’s movement and advocacy. In today’s era, the emphasis lies on the effectiveness of the policy decisions and legislations that intend to protect women against domestic violence. This pervasive issue of domestic violence against women is an inevitable one and thus, this act has evolved over the years to provide legal safeguard to women in various areas of life against various forms of domestic abuse. While delving into the evolution and historical context of this act, in this article we analyse the provisions of the act and how it impacts our society. 

In India, women are on a battle ground, fighting for their rights and are trying to constantly seek protection from not only violence, sexual harassment, rape but also domestic abuse. Various existing legal frameworks such as the dowry prohibition act, the IPC etc did not comprehensively addressed various forms of abuse and did not particularly include any form of abuse which occurs domestically. This legislative gap necessitated introduction of a dedicated law to combat domestic violence.

Tracking back in the early 1990s there started a trend and push for legislation to protect women from domestic violence. Renowned legal experts, activists and women’s organisations played an important role in raising awareness and advocating for legal reforms. Their efforts and struggles led to the introduction of the Protection of Women from Domestic Violence Bill in 2002. In 2005, the Protection of Women from Domestic Violence Act, 2005 was enacted and it provided a comprehensive legal framework for addressing domestic violence. The Act goes deep dive in categorizing various forms of abuses such as verbal, physical, emotional, sexual abuse and also harassment. It defines domestic violence as any act that harms or endangers the well-being of a woman within a domestic relationship.

Analysis 

The act aims at empowering women to seek protection orders, residence orders, provides monetary relief to meet the expenses incurred by the victim and also prescribes penalties for violations etc. Providing women with all the possible protection through this legislation, the act has tried to empower women who do not intend to report such circumstances and gives them legal recourse against their abusers. A changing societal attitude towards women and the raising awareness about domestic violence is a trend that was set through this act. It provides with the legal consequences that any potential abuser would face if engaged in any kind of activity related to domestic abuse. The act has also facilitated access to the victim through the  support of services such as, shelters, counselling, medical assistance etc. 

Challenges and Future recommendations 

The Domestic Violence Act has been instrumental in protecting women, there are challenges that persist- 

• Factors Lack of awareness, bureaucratic hurdles etc, come in the way of effective implementation of the act. 

• Women still hesitate to report domestic violence due to fear of social stigma.

• Legal aid and support service access could be limited in certain areas and the women are unable to access their rights. 

• To address these challenges, it is important to continually raise awareness, expand the reach of support services and enhance training for law enforcement.

Conclusion 

One of the significant milestone in India’s legal framework, the Domestic Violence Act, 2005 does not only provides the “much-needed” protection against domestic abuse to women but also its evolution from time to time, from advocacy to enactment and the societal impact that it makes, highlights the need and importance of dedicated legislation, while it addresses the complex issues such as domestic violence. Although there exist various challenges and scope for improvement with the need and the changing nature of the society, the act has undoubtedly paved the way for a safer and more empowered future for women in India.

**Author:- Ria Ukey, a student at Maharashtra National Law University, Nagpur.