PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT: A CONFLICT BETWEEN THEORY AND PRACTICALITY

Abstract

The Indian legislators have played an important role in giving desired shape and nutrition to the laws that are necessary for ensuring successful running of the society. Their desperation for the same was to ensure a healthy balance between rights of men as well as women keeping the fact in mind that both of them will constitute the definition of ‘citizens’ of India. However, it cannot be denied that the practical situation is such that one can easily come to the conclusion that we as Indians have failed to remove the tag of ‘patriarchal’ society from our foreheads. It won’t be wrong to say that starting from the time when India became independent, till today, men consider themselves superior to women and this is all because of rituals, customs and traditions prevailing in the Indian society. Sometimes, in order to prove their so called supremacy, they start creating problems for their own people that somewhere takes form of ‘cruelty’. In order to curb these kinds of activities including physical as well as mental torture, various laws have been passed by the Parliament of India and Protection of Women from Domestic Violence Act, 2005 is one of them. The author will try to find out the reasons for the framing of this Act and various remedies that are available for women. Apart from this, a perusal of the fact that whether this Act is ‘unilateral’ or ‘multilateral’ in nature will be done in light of its provisions. The research methodology adopted shall be applied and fundamental in nature and the literature review shall consist of reviewing books of eminent authors and articles of researchers who have played an important role in putting their views on the topic  in front of the society.