Published September 1, 2022 | Version v1
Journal article Open

The Domestic Violence Act, 2005 Upper Hand for Women?

  • 1. G. H. Raisoni Law College, Nagpur

Description

Over the years, women's social status has remained poor and worrisome. Compared to now, society's attitude towards women was less accepting earlier. Unfortunately, the women had no choice but to accept the enormity of their fate because they were the victims of dominance at the hands of their husbands and in-laws. Many accepted their fate as it was, while the others who came out to report had to step back owing to a lack of specific legal provisions and improper implementation, or they had to deal with the most severe consequences of their attempt, which at times may cost them their life. The Protection of Women from Domestic Violence Act, 2005 was passed as a step towards giving women concrete legal protection to effectively defend the rights of women who were victims of violence of any type occurring inside the family. 

However, the situation as it stands now is reversed. Improvements have been made in their understanding of the rights that have been given to them. There are several drawbacks to societal change. The most notable example is women utilising the Act itself as a tool to seek vengeance. These days, women find it impossible to resist taking unfair advantage of the law because the Act tends to favour them. There are several cases, some of which have been mentioned in this article itself, where it is evident how women nowadays exploit the law to harass males, demand money and pursue personal advantage. Due to the fundamental flaws present in the Act, women have abused the law against innocent men, which is unjust in the eyes of the law. Given the act's unfairness and the frequency with which it is used to harass men, it is clear that women have gained the upper hand as a result of the law. Men cannot challenge the Act in any way. Furthermore, there is no proof necessary for an arrest for domestic abuse, and bail is also not available. To avoid unnecessary arrests, a comprehensive investigation should be carried out. Diverse steps need to be taken to stop the injustice done to men.

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