BEHIND CLOSED DOORS: A SOCIO-LEGAL INQUIRY INTO INTIMATE PARTNER VIOLENCE AND THE DOMESTIC VIOLENCE ACT, 2005 IN INDIA
Written by- Pratikshya Jena
Student of - Soa National Institute of Law Bhubaneswar
ABSTRACT
This study looks into intimate partner violence (IPV) in India from a social and legal point of view, with a focus on the Domestic Violence Act of 2005. It looks at how the Act is being used, how well it works, and what problems it has in dealing with IPV in India's social, cultural, and legal systems. The study shows that there are gaps between what the law says and what actually happens by looking at how courts interpret the law, case studies, and people's attitudes in society. It looks at how patriarchal norms, economic dependencies, and institutional barriers make it harder for victims to get justice and protection. The study also looks at how courts, police, and civil society can help survivors and enforce the Act. To effectively fight IPV, it is suggested that legal systems be made stronger and social change be encouraged.
Keywords: India, Intimate Partner Violence, Domestic Violence Act 2005, Socio-Legal Analysis, Patriarchy, Legal Implementation, Victim Protection, Judicial Interpretation, Institutional Barriers, Gender-Based Violence
INTRODUCTION
“Ghar ki chaar deewariyon mein jo pida siskati hai, wahi sabse goongi hoti hai.”
— Mahadevi Verma
This quote describes the silence surrounding "intimate partner violence" — the abuse that happens within households, hidden behind closed doors. IPV includes physical, mental, sexual, and psychological violence. Although legally defined as gender-neutral, in patriarchal societies like India, women are often the primary victims — whether married or unmarried, if living in the same household. According to a 2024 estimate, 1 in 3 women globally suffer from IPV. The impact of such violence extends beyond partners, affecting children physically and psychologically. The Domestic Violence Act, 2005, provides for protection, shelter, and legal relief, but due to procedural loopholes, poor enforcement, and low public awareness, many women still suffer in silence.
This article aims to:
1.Discuss types and nature of IPV affecting women.
2.Examine the link with the Domestic Violence Act, 2005.
3.Address challenges and recommend solutions to combat IPV.
UNDERSTANDING THE CAUSES OF INTIMATE PARTNER VIOLENCE
Theories by Jane E. Stets and Shelly N. Osborn categorize IPV causes as:
Individualist Theory – Focuses on personality traits (dominant vs. submissive).
Interactional Theory – Considers dynamics between the abuser and the victim.
Socio-Cultural Theory – Emphasizes social norms and structures like income inequality and gender roles.
Other relevant theories:
1. Feminist Theory
Liberal: Advocates equal work opportunities and social reforms.
Radical: Blames unequal power dynamics.
Marxist: Highlights lack of women’s access to resources.
Socialist: Focuses on women’s financial illiteracy and dependence.
Psychoanalytic: Societal preference for male dominance.
Cultural: Emphasizes biological discrimination.
2. Coercive Control Theory
Abuser controls the victim’s actions, communication, and movement, creating a hostage-like situation.
3. Control Balance Theory (Charles Tittle)
IPV arises from power imbalances — "control surplus" vs. "control deficit".
4. Identity Theory
Violence emerges when an individual’s identity is not validated, leading to aggression.
5. Social Learning Theory
Suggests that witnessing abuse normalizes it and leads to its continuation across generations.
DOMESTIC VIOLENCE ACT, 2005 AND INTIMATE PARTNER VIOLENCE
The Constitution of India provides rights for women under Articles 14, 15, 16, and 21. The Domestic Violence Act, 2005 aligns with these protections. In Aruna Pramod Shah v. Union of India, the inclusion of live-in relationships was challenged but upheld, affirming rights for women in such relationships.
Section 3 of the Act defines domestic violence, including:
Physical, sexual, verbal, emotional, and economic abuse.
Harassment for dowry.
Threats or harmful behavior.
Key Provisions:
Section 18: Protection Order
Section 19: Residence Order
Section 20: Monetary Relief
Section 21: Custody of children
Section 22: Compensation Order
Section 23: Interim Orders
Implementation:
Protection Officer: Coordinates legal and police procedures.
Service Provider: NGOs offering shelter and counseling.
Judicial Cases:
Komalam Amma v. Kumara Pillai: Recognized rights of divorced women.
Juveria Abdul Majid v. Atif Iqbal: Awarded monetary relief outside Section 125 CrPC.
V.D. Bhanot v. Savita Bhanot: Allowed action for violence committed before the Act’s commencement.
GRAPH ANALYSIS (Descriptive)
Graph 1: Higher IPV incidence post-marriage due to cohabitation.
Graph 2: Even women in live-in relationships face IPV.
Graph 3: Unreported cases are far greater than reported ones, reflecting societal taboos and system failure.
CHALLENGES IN IMPLEMENTATION
Shift toward civil remedies, undermining criminal accountability.
Poor shelter infrastructure.
Lack of trained personnel.
Case delays and inefficient justice delivery.
RECOMMENDATIONS
1. Free legal aid and pre-litigation support.
2. Government-funded shelters and emergency services.
3. Fair treatment and proper legal procedures.
4. Support NGOs through funding.
5. Introduce or strengthen social security for victims.
6. Train professionals to identify abuse.
7. Offer self-residency rights to immigrant victims.
8. Create trauma centers and community support networks.
9. Promote awareness of women’s legal rights.
10. Involve media in awareness campaigns.
11. Set up male rehabilitation and counseling centers (e.g., Norway’s model since 1987).
CONCLUSION
Intimate partner violence remains a deeply embedded socio-legal issue, still shrouded in silence. Although the Domestic Violence Act exists, ineffective implementation, social stigma, and legal delays prevent true justice. Only through legal reforms, judicial accountability, public awareness, and community support can the metaphorical “closed doors” be opened leading to safety, dignity, and justice for women in their own homes.
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