FROM SILENCE TO STATUTE: THE EVOLUTION AND ENFORCEMENT OF DOMESTIC VIOLENCE LAWS IN INDIA

FROM SILENCE TO STATUTE: THE EVOLUTION AND ENFORCEMENT OF DOMESTIC VIOLENCE LAWS IN INDIA

FROM SILENCE TO STATUTE: THE EVOLUTION AND ENFORCEMENT OF DOMESTIC VIOLENCE LAWS IN INDIA

AUTHOR – AMBIKA JAIN, UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – AMBIKA JAIN, FROM SILENCE TO STATUTE: THE EVOLUTION AND ENFORCEMENT OF DOMESTIC VIOLENCE LAWS IN INDIA, ILE MULTIDISCIPLINARY JOURNAL, 4 (2) OF 2025, PG. 594-600, APIS – 3920-0007 | ISSN – 2583-7230.

ABSTRACT

One of the most widespread human rights abuses in India is still domestic violence, which has its roots in patriarchy and is exacerbated by gender inequality and social silence. Through an analysis of statutory developments, judicial interpretations, and the historical development of women’s rights, this research study investigates domestic abuse from a doctrinal legal perspective. It focuses especially on the Protection of Women from Domestic Violence Act, 2005 (PWDVA), which recognised domestic abuse as a public wrong and a breach of the right to live with dignity guaranteed by the constitution, rather than considering it as a private matter.

In addition to highlighting enduring issues like poor implementation, social stigma, and the lack of legal recognition for marital rape, the paper explores how seminal cases like V.D. Bhanot v. Savita Bhanot (2012) and Satish Chander Ahuja v. Sneha Ahuja (2020) have broadened the scope of protection for women. The results show that although India’s legal system is extensive, awareness, enforcement, and social change are necessary for it to be effective. In order to guarantee safety, equality, and justice for all women, the study comes to the conclusion that combating domestic abuse necessitates a multifaceted strategy that combines institutional accountability, legal reform, and cultural transformation.

KEYWORDS: Domestic, Violence, Women, Society, Law, Wife, Husband, Cruelty, Health.