JUDICIAL RESPONSES TO DOMESTIC VIOLENCE IN INDIA: A CRITICAL EXAMINATION OF LAWS, ENFORCEMENT AND REFORMS

Abstract [English]

Domestic violence persists as a significant obstacle to gender justice, constitutional morality and human rights in India, although the presence of numerous legislative protections and institutional safeguards. It impacts women from diverse social, economic, educational and cultural backgrounds, resulting in extensive physical, psychological, emotional and economic repercussions. Historically regarded as a private familial issue, domestic violence has increasingly been acknowledged through court intervention and legal reforms as a breach of fundamental rights enshrined in the Constitution of India. In this setting, the judiciary is essential for interpreting domestic abuse legislation, protecting victims' rights, guaranteeing perpetrator accountability and reconciling social realities with constitutional principles of equality, dignity and justice. This article rigorously analyzes the legal reaction to domestic abuse in India, emphasizing the interpretation, enforcement and execution of legislation such as the Protection of Women from Domestic abuse Act, 2005 and Section 498A of the Indian Penal Code. The study examines the changing role of Indian courts in broadening victim protection via constitutional interpretation and significant judicial rulings. It further evaluates procedural challenges, judicial delays, reconciliation-oriented approaches and concerns regarding accessibility of justice for women, especially those belonging to rural, economically weaker and marginalized communities. The paper addresses controversies around the purported abuse of domestic violence legislation and analyzes the impact of these issues on judicial perspectives and enforcement methodologies. The study underscores institutional deficiencies, including the absence of gender-sensitive methodologies, insufficient victim support systems and protracted case resolutions that undermine the efficacy of court remedies. The article ultimately recommends reforms to enhance judicial sensitivity, improve institutional coordination, expedite justice, expand legal aid and rehabilitation services and foster a victim-centered, rights-based legal framework for addressing domestic violence in India.