VIDHIGYA: The Journal of Legal Awareness
  • Year: 2015
  • Volume: 10
  • Issue: 2

Role of judiciary in the effective implementation of domestic violence act, 2005

Assistant Professor, Deptt. of Law, K. S. Saket P.G. College, Ayodhya, Faizabad

Online published on 28 June, 2017.

Abstract

Social change through law then depends upon three structures: first the legislatures which enact the laws; second, the courts which interpret the laws, and third, the enforcement agencies which implement the laws. We are here primarily concerned with the interpretation of laws, which includes the making of laws by judges. A law made by a legislature may be rendered ineffective by judicial interpretation. Similarly even in the absence of legislation, the courts may recognize the rights of individuals and groups, capable of enforcement by a resort to the constitutional philosophy. In what follows, an attempt is made to notice to what extent the judicial process aided or impeded social change in relation to the status of women in India in the interpretations of legislation on Domestic Violence Act, 2005 of various aspects.