Domestic Violence, Causes, Legal Framework, Impact, Challenges

Domestic violence in India remains a major social, legal, and human rights concern. It includes physical, emotional, sexual, and economic abuse within the household. According to the National Family Health Survey (NFHS-5, 2019-21), nearly 30% of ever-married women aged 18-49 reported facing spousal violence. Despite legislative measures and awareness campaigns, cultural norms, economic dependence, and societal silence continue to perpetuate this issue. Domestic violence affects not only individual victims but also the nation’s broader goals of gender equality and social justice.

Domestic Violence

Domestic violence refers to abusive behavior in any relationship used by one partner to gain or maintain control over another. It encompasses violence by a husband, partner, or family member, including verbal humiliation, physical assault, marital rape, economic deprivation, and coercion. The Protection of Women from Domestic Violence Act (PWDVA), 2005 provides a comprehensive legal framework, defining domestic violence under Section 3 to include physical, sexual, verbal, emotional, and economic abuse.

Domestic Violence Causes

Domestic violence arises from a mix of social, economic, psychological, and structural causes. Poverty, patriarchy, and social conditioning play a crucial role, but climate change has emerged as a new factor affecting household stress and violence levels.

1. Patriarchal Mindset: Traditional beliefs in male superiority normalize control and violence within families. Women are often expected to tolerate abuse to “protect family honor.”
2. Economic Dependence: Financial dependence makes it difficult for women to leave abusive relationships. According to PLFS 2023-24, 41.7% of Indian women (above 15 years) are part of the workforce.
3. Alcohol and Substance Abuse: Addiction is a major trigger for domestic violence. Studies show that 60% of domestic violence incidents involve alcohol consumption by the abuser.
4. Dowry and Property Disputes: Dowry harassment and disputes over inheritance often lead to violence against married women, especially in rural and semi-urban areas.
5. Social Stigma and Silence: Victims often avoid reporting abuse due to fear of social shame, lack of family support, and distrust in the justice system.
6. Lack of Awareness: Limited awareness of legal rights and available services discourages women from seeking help or legal recourse.

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Domestic Violence in India

Domestic violence in India is a deeply rooted socio-cultural issue. It is influenced by gender inequality, patriarchal beliefs, dowry demands, alcoholism, and economic stress. The National Crime Records Bureau (NCRB) 2022 reported over 4.5 lakh cases of crimes against women, with one-third related to domestic violence or cruelty by husbands and relatives.

The Protection of Women from Domestic Violence Act (PWDVA), 2005 is the primary law addressing this issue. However, implementation challenges, victim shaming, and delayed justice often discourage women from filing complaints.

Forms of Domestic Violence

Domestic violence includes multiple types of abuse, often overlapping and continuous. These forms often coexist, creating long-term trauma and dependence that prevent victims from escaping the cycle of abuse.

• Physical Abuse: Use of force causing injury or pain. Eg: Beating, slapping, or physical assault
• Emotional Abuse: Psychological harm through insults or isolation. Eg: Humiliation, threats, control over social life
• Sexual Abuse: Forcing sexual acts without consent. Eg: Marital rape, sexual coercion
• Economic Abuse: Controlling financial resources. Eg: Denying money, preventing employment
• Verbal Abuse: Using derogatory language. Eg: Name-calling or constant criticism

Domestic Violence Legal Framework

India has developed several laws and policies to protect women and ensure justice against domestic violence. These are reinforced by constitutional provisions that guarantee equality and protection. To combat domestic violence, multiple schemes and institutional mechanisms have also been developed.

• Protection of Women from Domestic Violence Act, 2005 (PWDVA): Defines domestic violence, provides protection orders, residence rights, and monetary relief.
• Bharatiya Nyaya Sanhita (BNS) Section 85: Penalizes cruelty by husband or relatives with imprisonment up to 3 years and fine.
• Dowry Prohibition Act, 1961: Prohibits giving or taking dowry, a common cause of domestic abuse.
• Criminal Law (Amendment) Act, 2013: Expanded definition of sexual assault, recognized stalking and voyeurism.
• Nirbhaya Fund (2013): Supports women’s safety initiatives and shelter homes.
• One Stop Centre Scheme (2015): Provides integrated support including legal aid, counseling, and medical care for victims.
• Beti Bachao Beti Padhao (2015): Addresses gender discrimination and promotes empowerment.
• Women Helpline (181): 24-hour toll-free service offering immediate support to victims.
• Mahila Police Volunteers Scheme (2016): Acts as a link between police and community for women’s safety. The scheme was discontinued in April 2022, but its objectives are now part of the “Sambal” sub-scheme under the broader “Mission Shakti” initiative.
• UJJAWALA Scheme: Rehabilitation of women affected by trafficking and abuse. (Not to be confused with Ujjwala Yojana)
• 1091 Women Powerline: It is a nationwide helpline providing legal, emotional, and crisis support to women facing domestic violence.

International Commitments to Address Domestic Violence

India is a signatory to several global conventions that address domestic violence and gender discrimination. These global commitments support India’s national efforts to create a safe, equal, and inclusive environment for women.

• CEDAW (Convention on Elimination of All Forms of Discrimination Against Women), 1979: Promote equality and protection from violence
• Beijing Declaration and Platform for Action, 1995: Strengthen women’s participation and end gender-based violence
• UN Sustainable Development Goals (SDG 5), 2015: Achieve gender equality and empower women

Domestic Violence Constitutional Provisions

India’s Constitution guarantees gender justice and equality through various provisions that address domestic violence indirectly.

Domestic Violence Case Laws

The Indian judiciary has played a vital role in strengthening women’s rights and expanding the interpretation of domestic violence laws.

1. 1. Indra Sarma v. V.K.V. Sarma (2013)- The Supreme Court held that women in live-in relationships are also protected under the PWDVA.
   2. Hiral P. Harsora v. Kusum Narottamdas Harsora (2016)- Struck down the term “adult male” from the PWDVA, making it gender-neutral regarding perpetrators.
   3. V. D. Bhanot v. Savita Bhanot (2012)- Clarified that the Act applies retrospectively to protect women who faced violence before 2005.
   4. Joseph Shine v. Union of India (2018)- The Supreme Court decriminalized adultery, emphasizing autonomy and equality in marriage.

• Marital Rape and Judicial Approach:

1. • Marital rape is not criminalized under Section 63 of BNS, which exempts sexual acts by a husband with his wife (if over 18 years).
   • The Delhi High Court (2022) delivered a split verdict on the criminalization of marital rape, highlighting deep constitutional and moral debate.
   • Committees like the Justice Verma Committee (2013) recommended inclusion of marital rape as an offence, but no legislative action has been taken yet.
   • The issue is currently under Supreme Court consideration, linked to women’s bodily autonomy and the right to dignity under Article 21.

Domestic Violence Challenges

Domestic violence persists despite legal safeguards due to societal, administrative, and systemic barriers.

Major Challenges:

• Underreporting: Fear of stigma, social backlash, and economic dependence reduce reporting.
• Weak Enforcement: Poor coordination among police, protection officers, and judiciary.
• Cultural Acceptance: Social norms normalize male dominance and abuse.
• Inadequate Shelters and Resources: Limited reach of support systems in rural areas.
• Delayed Judicial Process: Slow trials discourage victims.

Way Forward:

• Legal Reforms: Criminalize marital rape and strengthen PWDVA implementation.
• Capacity Building: Train law enforcement, judiciary, and protection officers.
• Awareness Campaigns: Increase public awareness on gender equality and legal rights.
• Economic Empowerment: Promote women’s access to credit, skills, and employment.
• Technology-Based Solutions: Use helplines, online complaint portals, and mobile tracking for safety.
• Psychological Support: Expand counseling and rehabilitation programs.
• Community Engagement: Involve NGOs, local self-governments, and social institutions in prevention.

Domestic Violence Impact

Domestic violence has far-reaching consequences that extend beyond the immediate victim, affecting families, communities, and the nation’s socio-economic fabric. The impacts can be categorized into several dimensions:

1. 1. Physical Impact: Victims of domestic violence often suffer physical injuries such as fractures, burns, and chronic pain. Long-term exposure can lead to reproductive health issues, disabilities, and even fatalities. The World Health Organization (WHO) reports that one in three women globally experiences physical or sexual violence in her lifetime.
   2. Psychological and Emotional Impact: Continuous abuse leads to severe emotional distress, anxiety, depression, and post-traumatic stress disorder (PTSD). Victims may experience low self-esteem, isolation, and suicidal tendencies. Mental health damage often persists long after the violence ends, affecting overall well-being and productivity.
   3. Social Impact: Domestic violence erodes family harmony and community stability. Victims often face social stigma and ostracism, discouraging them from seeking help. It perpetuates gender inequality and normalizes violence within society, affecting future generations’ perceptions of gender roles.
   4. Economic Impact: Violence limits women’s participation in the workforce, leading to income loss and financial dependence on abusers. According to UN Women, 2016, domestic violence can cost countries up to 2% of their GDP.
   5. Impact on Children: Children witnessing domestic violence often develop behavioral issues, emotional insecurity, and poor academic performance. They are at higher risk of becoming victims or perpetrators of violence in adulthood, creating a cycle of abuse across generations.

• Legal and Institutional Impact: Domestic violence increases the burden on legal, healthcare, and social welfare institutions. Insufficient implementation of protection laws and lack of coordination among agencies hinder justice delivery and victim rehabilitation.

• National Development Impact: Widespread domestic violence hampers national growth by weakening human capital. It obstructs gender equality goals under the Sustainable Development Goals (SDG 5) and undermines India’s constitutional vision of dignity and equality for all.

Domestic Violence UPSC

Recent Developments related to Domestic Violence in India:

• In May 2025, the Supreme Court ordered all States and Union Territories to designate Protection Officers at District and Taluka levels under the Protection of Women from Domestic Violence (DV) Act, within six weeks. 
• The Supreme Court has pulled up several States and UTs (e.g., Andhra Pradesh, West Bengal, Assam, Odisha, Maharashtra) for failing to file status reports regarding implementation of the DV Act. 
• In 2025, the Supreme Court in a judgment clarified that, under the DV Act, personal presence of any party is not required unless there is a breach of a protection order. 
• In September 2024, the Supreme Court reaffirmed that the DV Act (2005) applies to all women, irrespective of religion or social background.
• Delhi government announced 53 Fast-Track Special Courts to speed up trials involving crimes against women and children, including cases related to domestic violence and POCSO.