“A COMPARATIVE STUDY OF LEGISLATIVE AND JUDICIAL MEASURES TO PREVENT MISUSE OF THE DOMESTIC VIOLENCE ACT IN INDIA VERSE THE UNITED STATES, UNITED KINGDOM AND AUSTRALIA”

“A COMPARATIVE STUDY OF LEGISLATIVE AND JUDICIAL MEASURES TO PREVENT MISUSE OF THE DOMESTIC VIOLENCE ACT IN INDIA VERSE THE UNITED STATES, UNITED KINGDOM AND AUSTRALIA”

Logesh K

ABSTRACT

The Protection of Women from Domestic Violence Act, 2005[1] (hereinafter referred to as "the DV Act" or "the Act") represents one of the most significant legislative interventions in the domain of family law and the protection of women in post-independence India. Enacted with the express constitutional mandate of securing the dignity and safety of women within the domestic sphere, the Act introduced comprehensive civil remedies including protection orders, residence orders, monetary relief, and custody orders, thereby providing an accessible and expeditious mechanism for the protection of women facing domestic abuse. The DV Act was hailed at the time of its enactment as a paradigm shift from the purely punitive approach of Section 498A of the Indian Penal Code a shift toward a civil, victim-centred model of domestic violence intervention consistent with India's obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

However, in the decades since its enactment, the DV Act has been the subject of considerable controversy and judicial scrutiny arising from the documented and alleged misuse of its provisions. Low conviction rates under the linked offence of Section 498A of the Indian Penal Code (now Section 85 of the Bharatiya Nyaya Sanhita, 2023), high acquittal rates, and judicial observations regarding frivolous filings in the context of matrimonial litigation have raised fundamental questions about the balance between victim protection and the protection of the due process rights of the accused.