THE ROAD TO GENDER EQUALITY: LEGAL SAFEGUARDS UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005

Abstract

The principle of gender equality constitutes an indispensable part of our Indian Constitution as it finds place in the Preamble, Fundamental Rights, and Directive Principles of State Policy. It seeks to ensure equality to women and empowers the states to formulate policies towards positive discrimination in favor of women. Despite these measures, women face significant cultural and social challenges that stagnate their advancement. Crimes including rape, dowry death, and cruelty by husband and relatives as well as domestic abuse continue to encompass their lives. The concept of gender quality and women empowerment seem redundant in the absence of protection of women from all forms of violence. Most of the cases of domestic violence go unreported due to social stigma and attitude of women who believe that they are subservient to their male counterparts. With the objective of curbing the most pervasive form of violence i.e. domestic violence, the legislature enacted the Protection of Women from Domestic Violence Act, 2005 for ensuring justice to women who face abuse and violence within the confines of their homes. The Act has been instrumental in advancing women’s empowerment and has sought to create awareness among the women making them more conscious about their rights. However, legal reforms are meaningless unless they are preceded by social reforms. This paper seeks to explore the reasons for adopting such a legislation and whether it has sufficiently addressed the problem of domestic violence. It further highlights the impediments in the implementation of the law and suggests measures that would make this comprehensive piece of legislation a tool for empowering women.