Introduction and Legislative Background

1.1 The Gap This Act Fills

Before 2005, Indian law addressed domestic violence only through criminal provisions — Section 498A IPC (cruelty by husband/relatives) and Section 304B IPC (dowry death). These provisions required criminal proceedings, carried a high burden of proof, and offered no immediate civil relief like the right to remain in the matrimonial home. Victims often had to choose between enduring violence and becoming homeless.

The National Family Health Survey (NFHS) data consistently shows that 25–30% of Indian women have experienced physical violence by an intimate partner. Against this backdrop, civil society organisations and the National Commission for Women lobbied for a comprehensive civil law.

The Protection of Women from Domestic Violence Act 2005 (PWDVA 2005) was enacted to:

1. Provide civil remedies (protection orders, residence orders, monetary relief) without requiring criminal prosecution
2. Protect women in all forms of domestic relationships — not just married women
3. Create an accessible, time-bound mechanism through local Magistrates and Protection Officers
4. Give the right to remain in the shared household irrespective of ownership

1.2 Constitutional Basis

The Act draws from:

• Article 14 (equality before law) — ending the discrimination that only married women got protection
• Article 15 (non-discrimination on grounds of sex)
• Article 21 (right to life and personal liberty — includes right to live with dignity, free from violence)
• Directive Principle Article 39 — equal right to adequate means of livelihood

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