A STUDY ON THE EFFECTIVENESS OF LEGAL AND JUDICIAL RESPONSES TO DOMESTIC VIOLENCE IN INDIA
Shakthi Mageshwari, B and Uma Maheswari, G. (2026) A STUDY ON THE EFFECTIVENESS OF LEGAL AND JUDICIAL RESPONSES TO DOMESTIC VIOLENCE IN INDIA. A STUDY ON THE EFFECTIVENESS OF LEGAL AND JUDICIAL RESPONSES TO DOMESTIC VIOLENCE IN INDIA, 3 (6). pp. 2365-2379. ISSN 2581-8503
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Abstract
Domestic violence and dowry deaths represent two of the most persistent violations of women's
rights in contemporary India. Despite the enactment of a comprehensive legislative framework
encompassing the Protection of Women from Domestic Violence Act, 2005 (PWDVA), the
Dowry Prohibition Act, 1961, and Sections 304B and 498A of the Indian Penal Code, 1860
(now restructured under the Bharatiya Nyaya Sanhita, 2023) a significant and troubling gap
persists between statutory intent and practical implementation. This article critically examines
the architecture of India's legal response to domestic violence and dowry-related crimes, traces
the evolution of judicial interpretation through landmark Supreme Court and High Court
decisions, and evaluates the procedural and institutional mechanisms available to victims.
Drawing on legislative analysis, case-law review, and empirical data from the National Crime
Records Bureau and the National Family Health Survey, the article identifies systemic barriers
including underreporting, social stigma, evidentiary difficulties, and inadequate enforcement
infrastructure that undermine the effectiveness of these protective laws. The article concludes
with targeted reform recommendations aimed at bridging the gap between law on paper and
justice in practice.
| Item Type: | Article |
|---|---|
| Subjects: | Legal Studies > Criminal Law Legal Studies > Criminal Law |
| Domains: | Legal Studies |
| Depositing User: | Mr IR Admin |
| Date Deposited: | 09 May 2026 15:52 |
| Last Modified: | 11 May 2026 08:54 |
| URI: | https://ir.vistas.ac.in/id/eprint/14562 |
