Legislative Genesis And Socio-Legal Imperatives
- IJLLR Journal
- 1 day ago
- 2 min read
Nandini Mishra, Amity Law University, Noida
Kanika Tyagi, Assistant Professor, Amity Law University, Noida
ABSTRACT
The legal framework surrounding domestic violence in India has evolved dramatically, transitioning from fragmented criminal provisions to a comprehensive rights-based approach under the Protection of Women from Domestic Violence Act (PWDVA), 2005. Yet skepticism persists about whether legislative reforms can truly dismantle entrenched patriarchal structures that normalize abuse. This tension has sparked cross-sectoral debates about the law's efficacy in addressing psychological, economic, and sexual violence beyond physical harm. While judicial interpretations like Hiral P. Harsora (2016) and S.R. Batra (2007) have expanded protections, the persistent implementation gap - from police apathy to exclusion of marginalized groups - reveals systemic failures in translating legal rights into meaningful protection.
This paper offers a harmonized perspective between polarized views that either uncritically celebrate legislative progress or dismiss legal reforms as ineffective against deep-rooted cultural norms. We argue the proper focus should be on humans implementing the laws rather than abstract legal provisions alone. Human elements - from judges interpreting statutes to protection officers executing orders - remain crucial in determining the law's real-world impact. Concerns about patriarchal resistance and institutional inertia can be addressed through targeted reforms: gender-sensitive training for law enforcement, fast-track courts, and community awareness programs.
The benefits of this human-centric approach to legal implementation far outweigh the limitations of the current system. When properly enforced, the PWDVA's hybrid civil-criminal model has demonstrated potential to provide immediate safety through protection orders while enabling long-term rehabilitation through residence rights and monetary relief. A pragmatic, culturally aware implementation strategy can bridge the gap between progressive legislation and ground realities, moving beyond rigid legal formalism to address the complex social dimensions of domestic violence. Rather than viewing law and society as opposing forces, this paper advocates for an integrated approach where legal reforms and social transformation mutually reinforce India's journey toward gender justice.
Keywords: Domestic Violence Law, Gender justice, Legal Implementation, Judicial Interpretation, Patriarchal Norms.
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