Domestic Violence Act: 20 Years of Power and Protection

General Studies Paper-2

Context

• The Protection of Women from Domestic Violence Act, 2005 (PWDVA) stands as a symbol of empowerment after two decades of enactment.

About Domestic Violence

• It is defined as any act, omission, or conduct by a person that harms or endangers the health, safety, life, limb, or well-being of a woman — whether physical or mental (Section 3 of the PWDVA). It includes:
  • Physical abuse, verbal & emotional Abuse & economic Abuse.
• According to the United Nations (UN), domestic violence is a form of gender-based violence that occurs within the private sphere — typically between individuals related by intimacy or blood. It encompasses:
  • Intimate Partner Violence: Physical, sexual, or psychological harm by a current or former partner.
  • Child & Elder Abuse: Within the household
  • Economic & Psychological Control: Restricting access to money, isolating from social networks, or using intimidation.

Trends and Statistics

• Global Picture: According to UN Women, nearly 1 in 3 women globally have experienced physical or sexual violence in their lifetime, most often at the hands of an intimate partner.
  • In 2023 alone, over 51,000 women and girls were killed by family members or partners—an average of 140 deaths per day.
• Indian Scenario:
  • NCRB Data (Crime in India Report): 507 cases registered under PWDVA in 2021. 468 cases registered in 2022.
  • NFHS-5 (2019–2021):3% of ever-married women aged 18–49 years reported spousal violence. It is a reduction from 31.2% in NFHS-4 (2015–2016).

Key Reasons for Domestic Violence

• Patriarchal Norms & Gender Inequality: Deep-rooted patriarchal traditions view women as subordinate to men.
  • Cultural acceptance of male dominance perpetuates violence.
• Dowry-Related Conflicts: Persistent dowry demands often escalate into harassment and violence.
  • Linked with economic control and status assertion.
• Economic Dependence & Poverty: Women’s financial dependence reduces ability to leave abusive relationships.
  • Poverty and unemployment increase household stress and violence.
• Weak Legal & Institutional Support: Delayed justice delivery, lack of shelters, and weak enforcement etc discourage reporting.
• Cultural Silence & Social Stigma: Fear of dishonor, family reputation, and victim-blaming silence survivors.
  • Many cases remain unreported, reinforcing the cycle of abuse.
• Intergenerational Cycle of Violence: Children witnessing violence normalize abusive behavior in adulthood.

Global Efforts to Combat Domestic Violence

• UNiTE Campaign by UN Women: The “16 Days of Activism Against Gender-Based Violence” is an annual global campaign running from November 25 (International Day for the Elimination of Violence Against Women) to December 10 (Human Rights Day).
• Spotlight Initiative: It has helped enhance or adopt over 550 laws and policies worldwide to address violence against women.
  • It has provided essential services to over 3 million women, including education, legal aid, and psychosocial support.
  • More than 95% of institutional mechanisms for domestic and intimate partner violence were established after the adoption of the Beijing Platform for Action 1995.

India’s Efforts to Address Domestic Violence

• Protection of Women from Domestic Violence Act, 2005: It was enacted to safeguard the fundamental rights of women under Articles 14, 15, and 21 of the Constitution of India.
• It provides a civil law remedy to protect women from domestic violence and prevent its recurrence in society.
• Section 18: Protection Order in each district to assist Magistrates, report complaints, and facilitate legal remedies such as protection orders and residence orders.
• Section 19: Residence Order for residing at Matrimonial House;
• Section 20: Monetary Orders which includes maintenance for herself and her Children;
• Section 21: Temporary Custody of Children;
• Section 22: Compensation order for the damages caused to her.
• Mission Shakti & One Stop Centres (OSCs): These provide integrated support—medical aid, legal assistance, shelter, and counseling—to women in distress across India.
  • 802 centres are functional nationwide.
  • Assisted 10.80 lakh women till 31st January 2025.
• Emergency Response Systems:
• ERSS-112: A nationwide emergency helpline for women, integrated with police dispatch systems.
• Women Helpline 181: Operational in 35 states/UTs, handling over 2.10 crore calls and assisting more than 84 lakh women.
• Women Help Desks: 14,658 desks set up across police stations, with 13,743 led by women officers.
• Women Helpline (WHL-181) – Integrated with ERSS in 35 States/UTs.
  • Assisted 84.43 lakh women through 2.10 crore+ calls.
• National Dashboard: Developed by C-DAC to track helpline calls and categorize domestic violence cases in real time.
• Stree Manoraksha Project: NIMHANS provides psycho-social counselling training for OSC staff.
• Role of Direct Benefit Transfer (DBT): DBT schemes like Jan Dhan Yojana, PM Ujjwala Yojana, and PM Matru Vandana Yojana provide direct cash transfers, LPG connections, and maternity benefits.
• Financial independence reduces women’s vulnerability to economic abuse — a common form of domestic violence.

Implementation Challenges

• Underreporting: Social stigma and fear of retaliation prevent many women from speaking out.
• Lack of dedicated personnel: Many states assign protection officer duties to existing officials, limiting their effectiveness.
• Limited awareness: Many women are unaware of their rights under the Act or how to access support services.

Way Forward

• Education and Awareness: Teaching consent, respect, and gender equality from a young age;
• Stronger Enforcement: Dedicated protection officers and fast-track courts;
• Community Support: Safe shelters, helplines, and survivor networks;
• Men as Allies: Engaging boys and men in prevention efforts.