PRIVATE & SELF DEFENSE IN THE CONTEXT OF DOMESTIC VIOLENCE: LEGAL PROTECTIONS FOR VICTIM
AUTHOR – SUNIL KUMAR* & DR. POOJA BALI**
* STUDENT OF LLM AT SANT BABA BHAG SINGH UNIVERSITY, JALANDHAR. EMAIL ID: SK3762147@GMAIL.COM
** ASSOCIATE PROFESSOR AND DEAN UNIVERSITY OF LAW, SANT BABA BHAG SINGH UNIVERSITY, JALANDHAR, PB. EMAIL ID: POOJABALITHAKUR@GMAIL.COM
BEST CITATION – SUNIL KUMAR & DR. POOJA BALI, PRIVATE & SELF DEFENSE IN THE CONTEXT OF DOMESTIC VIOLENCE: LEGAL PROTECTIONS FOR VICTIM, ILE MULTIDISCIPLINARY JOURNAL, 4 (1) OF 2025, PG. 1055-1063, APIS – 3920-0007 | ISSN – 2583-7230
Abstract
The majority of women experience domestic violence at some point in their lives, which can take many forms, from physical to psychological. Women are more impacted by this issue than any other group, and it is a contributing factor to “disability, homelessness, poverty, and illness among women worldwide. The issue is pervasive throughout Europe and most certainly breaches four articles of the European Convention on Human Rights (EUROPEAN CONVENTION ON HUMAN RIGHTS):
Article 2: Right to life;
Article 3: prohibition of torture;
Article 8: right to respect for one’s private and family life;
Article 14: prohibition of discrimination. Five The European Court of Human Rights (EUROPEAN CONVENTION ON HUMAN RIGHTS) developed a thorough body of case law to address domestic violence by dismantling the division between the public and private domains.
Furthermore, the court rulings in cases when women killed their abusers are inconsistent. In order to stop future violence (physical harm or death), the women who were the victims of domestic abuse assert that they killed the perpetrator in a non-confrontational manner out of self-defense. 14 However, when it comes to taking legal action, usual notion of self-defense ignores the unique features of domestic abuse.