Stranded between the law, family, and society: Women in domestic violence and rulings of India’s Supreme Court

Abstract

Violence against women takes diverse forms across the world. Domestic violence in South Asia has received special attention because of both its prevalence and severity. While laws are essential to address domestic violence, the authors of this article argue that the Supreme Court’s interpretation of the law to rule on cases is crucial for women. Drawing on the concept of ‘being stranded’, the authors argue that women facing violence are protected by neither the law nor their marital or natal family. Using archival data comprising decisions of India’s Supreme Court on 218 domestic violence cases for the period 1995 to 2014, the article examines the outcomes for the woman (victim) as well as the text of the judgments. The woman had died in the majority of cases reaching the Supreme Court. Moreover, rulings were almost equally favorable or unfavorable in cases when the woman was alive. The thematic analysis point to the lack of protection for women facing violence.