Domestic Violence Act, 2005: A Law Ignored, A Right Denied

 Domestic Violence Act, 2005: A Law Ignored, A Right Denied

INTRODUCTION 

Domestic violence continues to be a most prevalent and hidden issue in India, affecting women across all ages, classes, and communities, where abuse within the home often goes unreported and unpunished, silencing countless victims. Despite legal protections, many suffer in silence due to social stigma, fear, and lack of awareness, making it one of the most underreported crimes in the country. In 2005, India took a historic step by enacting the Protection of Women from Domestic Violence Act (PWDVA), a comprehensive legislation that recognized domestic abuse in all its forms. More than 18 years after the enactment of the Protection of Women from Domestic Violence Act, 2005, a troubling reality still persists, millions of Indian women remain unaware of their rights under this law. While the Act was a landmark step in recognizing domestic abuse beyond physical violence (including emotional, verbal, economic, and sexual abuse), its full potential is yet to be realized on the ground. Lack of public awareness about the Act continues to enable cycles of abuse, especially among women in rural and marginalized communities.

DOMESTIC VIOLENCE IN NUMBERS: THE HARD TRUTH

• Over 1 in 3 women in India experience physical, emotional, or sexual violence from their spouse (NFHS-5, 2020-21).

• In 2022 alone, 1,53,052 cases were registered under crimes against women related to cruelty by husbands or in-laws under IPC Section 498A (NCRB 2022).

• Over 6,500 women die each year in dowry-related violence (NCRB 2022), averaging nearly 18 dowry deaths every day.

• For every reported case, an estimated 10 go unreported due to fear, shame, or lack of awareness (UN Women & WHO reports).

• Only less than 2% of women experiencing domestic abuse report it to the police (NFHS-5).

These figures reflect not just the violence but the failure of legal literacy and systemic support for victims which make them suffer.

REASONS FOR LACK OF USE OF DOMESTIC VIOLENCE ACT

1. Low Public Awareness

Many citizens, especially women in rural and economically weaker sections, have never heard of the PWDVA or the protections it offers, such as the right to residence, protection orders, child custody, or maintenance.

2. Social Conditioning & Normalization of Abuse

Abuse is often seen as a “private matter” or “part of marriage,” discouraging women from seeking help. Survivors often normalize abuse due to years of patriarchy, societal shame, and victim-blaming.

3. Weak Implementation at the Local Level

Protection Officers are absent in many districts. Police are either untrained or unwilling to register cases, often encouraging “settlement” instead.

4. Ill-Informed Local Authorities

Protection Officers, police personnel, and even medical staff often lack adequate training or sensitivity in handling DV cases, resulting in inaction or improper guidance.

5. Digital Divide

Legal aid awareness campaigns are mostly online and in English, leaving out the majority of women without internet access or formal education.

6. Invisibility in Public Discourse

Rarely do media outlets, community leaders, or educational platforms actively talk about the provisions of the Act.

IMPACT OF IGNORANCE 

The cost of this ignorance is devastating:

Delayed or No Legal Recourse: Survivors remain in abusive households, unaware of their right to residence, protection, custody, or monetary relief.

Underreporting: With no hope or knowledge of help, many incidents never reach police stations or courts.

Cycle of Abuse: Lack of early intervention means children raised in violent homes often normalize or replicate abusive behaviors.

Mental Health Toll: Long-term trauma from domestic violence, without any legal or emotional support, increases depression, anxiety, and suicidal tendencies.

CREATIVE SOLUTIONS FOR THE GAP

1. “Know Your Rights” Audio Corners in Clinics & Ration Shops

Create short 2-3 minute audio messages in local languages about the Domestic Violence Act and survivors’ rights. These can be played on a loop in places where women frequently go—like government health centers, ration shops, and Anganwadis.

2. Legal Literacy Through TV Serials and Short Films

Partner with popular regional TV shows or OTT platforms to include storylines where female characters use the DV Act to overcome abuse. Emotional storytelling can reach even illiterate women.

3. Interactive WhatsApp Chatbot in Regional Languages

Develop a free, anonymous WhatsApp chatbot where women can ask questions like “What is considered abuse?” or “How to file a DV complaint?” in Hindi, Tamil, Bengali, etc., and receive simplified, voice-note replies.

4. Mandatory DV Act Orientation for Police and Panchayat Leaders

Integrate a compulsory two-day training module on the Domestic Violence Act in police academies and Panchayati Raj workshops. Special focus should be on sensitivity and survivor-centric response.

5. Community Legal Clubs in Schools and Colleges

Empower students, especially girls, to form legal clubs that host monthly workshops on rights and laws related to domestic abuse. Peer-to-peer education can be powerful and long-lasting.

CONCLUSION 

Laws are only as strong as the people who know, use, and enforce them. The Domestic Violence Act, though legally robust, is crumbling under the weight of ignorance and silence. Bridging the awareness gap must go beyond posters and token campaigns, it must reach women where they are, in a language they understand, through methods that touch their everyday lives. By creatively combining legal awareness with community participation, media, and technology, we can turn this Act from a forgotten document into a living shield, one that protects, empowers, and uplifts.

Closing Credit

 Author-  VISHAKHA SARASWAT 

"The views expressed are personal. This article is intended for educational purposes and public discourse. Feedback and constructive criticism are welcome!"