Domestic Violence In India: Cases Under The Protection Of Women From Domestic Violence Act, 2005

Abstract

After prolonged lobbying, the Protection of Women from Domestic Violence Act of 2005 was implemented in India in October 2006. The Act soon gave rise to cases. This article is based on a preliminary study using questionnaire-based interviews of litigants in Delhi who were involved in cases under the Act. Primary data, taken from all the Delhi Metropolitan Magistrates Courts at that time, concern the background of those who used the law, the litigation process, implementation of the law and the forms of violence addressed. The article seeks to assess the effectiveness of this new legislation and examines specifically what kinds of people bring actions under this new gender-specific law. In addition, qualitative assessment of the perceptions of different kinds of violence by complainants and respondents provides deeper insights into ongoing and potential contestations over gender-based violence.