Domestic violence act 2005 is safeguard against violence or instrument for empowerment: A critical appraisal

Domestic violence means violent or aggressive behaviour within the home, typically involving the violent abuse of a spouse or partner. It is the establishment of control and fear in a relationship through violence and other forms of abuse. It is one of the crimes against women which are linked to their advantageous position in the society. Domestic violence refers to violence against women especially in matrimonial homes. Therefore domestic violence is recognized as a significant barrier to the empowerment of women, with consequences for women's health, their health-seeking behaviour and their adoption of small family norms. It promotes social norms that are in stark conflict with existing traditions, values beliefs and sense of morality; it provides a process that is lopsided as it lacks in attributes of fairness and reasonableness. In this paper an attempt is made to raise question how far the Domestic Violence Act, 2005 has succeeded in fulfilling the requirements of adequately defining all forms of domestic violence and providing redressal and protection to its victims. The issue has been tackled on conceptual and practical grounds, while the aforesaid enactment is an important first step in terms of the concepts it introduces into the Indian legal system, the viability of its implementation may be contested on certain grounds.