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regular-article-logo Friday, 26 September 2025

Hurt at home: Editorial on the Protection of Women from Domestic Violence Act

A lack of data and the pending cases in the courts combine to make assessment of domestic violence unsatisfactory. The greatest flaw in the Act is that marital rape is not criminalised

The Editorial Board Published 26.09.25, 05:21 AM
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It has been two decades since the Protection of Women from Domestic Violence Act was passed. It was a watershed, not only because it brought domestic violence into the limelight as a crime and gave women certain rights within the family but because it also recognised domestic violence as physical, sexual, economic and emotional. But in spite of that, women still remain somewhat unaware of their rights. Some believe domestic violence to be only physical; it does not help that beating the wife is acceptable among many rural or underprivileged societies. Besides, women are hesitant to report violence, the main reasons being social and economic factors or the fear of a lack of support. There is also the fear about continuing to live in a house in which they have complained about the members in spite of the protection orders and protection officers, monetary support, custody and residential rights offered by the domestic violence law. The latest National Family Health Survey-5 (2019-21) showed that only 14% of women who suffered physical or sexual abuse sought help. It is noticeable that emotional or economic abuses do not figure in the complaints. Even then, among the complaints received by the National Commission for Women between January and May 2025, domestic violence topped the list. Of the complaints in 2024, domestic violence accounted for 24%. The scale can be imagined if these are the figures in spite of under-reporting.

A lack of data and the pending cases in the courts combine to make assessment of domestic violence unsatisfactory. In 2022, 4.71 lakh cases were pending in the courts; there is no account in the public domain after that. It is not clear which have been granted protection orders either. Unless courts move faster, women may give up the fight for justice. Without adequate data, the problems of implementing the law cannot be analysed. There still appears to be a sort of institutional carelessness about the issue: why should data be so imperfect? The law is not being publicised enough or being implemented in a way to encourage women to speak up. It should be remembered that women face great odds in having to do just that. The greatest flaw in the Act is that marital rape is not criminalised. This remains a major lacuna which should be urgently reviewed.

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