Journal Article

The Legal Battle against Domestic Violence in India: Evolution and Analysis

Tahira Karanjawala and Shivani Chugh

in International Journal of Law, Policy and the Family

Volume 23, issue 3, pages 289-308
Published in print December 2009 | ISSN: 1360-9939
Published online August 2009 | e-ISSN: 1464-3707 | DOI: http://dx.doi.org/10.1093/lawfam/ebp006
The Legal Battle against Domestic Violence in India: Evolution and Analysis

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In the post-independence era, the Indian woman has been the subject of numerous laws, the Protection of Women from Domestic Violence Act 2005 being one of the latest and certainly the most controversial addition to the list. While it has been eagerly awaited in certain sections as a step that should significantly strengthen the position of Indian women within the family unit, it has been widely criticized as being ambiguous, discriminatory, and even potentially dangerous. This article seeks to analyse this controversial legislation in the context of its socio-economic background and the legal developments that led to its enactment. Moreover, an attempt has been made to critically examine its provisions, and to highlight its implications, both positive and negative. Further, a comparison has been made between this enactment and other similar legislation in various other countries. Finally, the article seeks to put into perspective the overall impact that this legislation would have on the family unit and the social fabric of India.

Journal Article.  9658 words. 

Subjects: Family Law ; Marriage and the Family

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