Protection Of Women from Domestic Violence Act, 2005: Is It a Protector of Women or a tool misused by them?

AUTHOR: Gurpreet Kaur, Army Institute of Law, Mohali (Punjabi University)

The discussion in this article is primarily focussed on the recurring debate over the status of the ‘Protection of Women from Domestic Violence Act, 2005’as a protector of women or a tool of misuse by them. The Protection of Women from Domestic Violence Act, 2005 was introduced to apprise the widespread issue of domestic violence in India, principally aimed at safeguarding women from abuse. Although it was aimed at protecting women against abuse and violence but in recent years, concerns have arisen in regard to its potential misuse. This article explores whether the PWDVA is being adequately used as a protective mechanism for women or is it being misused as a tool in order to satisfy personal gains. The article studies both the parameters with case laws and statutory provisions.  By evaluating legal interpretations and social impact this research seeks to strike a balance between the act’s role as a legal protector and its alleged misuse. The study reflects a complicated relation between law and justice, highlighting the need for tough implementation and judicial analysis to make sure that the law serves the intended purpose.

PWDVA, Domestic Violence, Abuse, Women Safety and Protection, Legal Misuse, India

“Domestic abuse blights lives. It can destroy lives, and not just the life of the immediate victim but of the children and other family members as well.” ~ Theresa May (former Prime Minister, UK).

Domestic Violence is not something of a recent origin or new to our society but has been a part of the society ever since its inception. Domestic Violence primarily refers to the physical, sexual, psychological, verbal or financial abuse between intimate partners. But we are primarily focusing on the domestic violence pertaining to the women of the society. Due to the power structure working in the society the men are considered strong as compared to the women and considered as their protectors but in order to display their power and strength the men often choose violence and abuse to maintain the existing power structure. In compliance to the power dynamics observed in our society the women have to suffer ill treatment at most of the times.

According to the World Health Organization, one out of every three women has been subjected to physical or sexual violence at some point in their lives, and 30% of women have been subjected to physical or sexual abuse by their relationships.

The patriarchal system of the society renders women in fear for their safety in their married houses and impacts their physical and mental health. In the old times women remained silent about the violence and abuse they suffered due to the lack of information about the laws and lack of knowledge about their rights. The orthodox and traditional mindset of the families curbed most of the cases by suppressing the matter in order to protect their honour whether it was at the cost of freedom and liberty of a woman.

In order to resolve the issue where women were silently suffering all the atrocities and injustice and to provide legal protection to women from domestic abuse and violence the Parliament of India approved the Protection of Women from Domestic Violence Act,2005. The major aim of this legislation was to allow immediate and thorough solutions to the women suffering different forms of violence.

But if this is one side of the coin, the other side is something more dangerous. At the time of passing of this legislation the early time frame within the initial few years seemed to be a law that can be seen as a protector of the women where the husband, in-laws family and any relative involved in the crime will be taken into custody straight away without any investigation. This at times served as a tool of framing the in-laws and threatening them with filing a complaint under this act which had serious punishment. The intensity of the act was to generate a sense of fear in the hearts of the culprits but it eventually became a threat to many innocent individuals who became a target to the misuse of this act by a great percentage of women to reverse the power dynamics and satisfy their personal agendas.

While the act was initiated as a protection mechanism against the ill treatment of women, various instances have emerged where the PWDVA has purportedly been used for ulterior motives. False accusations and manipulation have concentrated the attention to misuse of the legislation, challenging the act’s dual role as a protector and a possible instrument of exploitation.

The primary objective of this article is to understand whether the PWDVA has predominantly served as a protective measure for the women or is it being misused at the hands of many women.

The act was introduced as a landmark piece of legislation to give a sense of relief and safety to women from domestic abuse. The legislation was perceived as a progressive step towards emphasizing the protection of women against domestic violence but on the other hand it also raised concerns pertaining to its misuse. Based on the analysis of the following sources in this literature review an insight pertaining to the better understanding of the status of the PWDVA, 2005 is provided.

1. The Misuse of Law by Women in India -Constitutionality of Gender Bias, By: Negha Senthil, Jayanthi Vajiram , Nirmala.

This paper delves into the matter of misuse of laws by women in India, focusing on cases related to domestic violence and dowry issues in particular. The argues put forth the point that the misuse of these laws perpetuates gender bias and undermines the integrity of the legal system. They highlight on the matter how misuse of this kind deprives men of their rightful legal recourse, depicting it as an issue of gender discrimination within the legal framework.

2. Misuse of Laws by Women in India: A Critical Analysis, By:  Divyani Shah & Dr. Bala Saheb Garje

This paper provides a critical analysis of the misuse of legal provisions by Indian women general targets who have been misusing anti-violence and anti-discrimination laws in India. The researchers contend that although legal protections against domestic violence (like Section 498A of the Indian Penal Code, and the PWDVA) were enacted to protect women from gendered violence, the misuse of these laws has been increasing and has unintended consequences for men.

3. The Dark Side of Empowerment: An Analysis Of The Misuse of Legal Provisions By Women in India, By:  Jyotirmoy Banerjee and Saloni Bahl

This paper examines the adverse effects of legal instruments aimed at empowering women in India, highlighting how some laws were maneuvered by women for personal gains. Such cases underscore the dark episode of gender-focused laws, where some legislative measures designed to bridge gender gap have turned vicious towards men in other instances. The authors make a critical evaluation of what empowerment, out of control with so many safeguards reset can offer in further produce of injustice.

Although there has been some research conducted on this idea, there still exists a gap in research that indicates a lack of empirical data describing the full extent of misuse that can be considered untouched ground for investigation. There has been limited attention on research that essentially addresses the enforcement issues of PWDVA, the delayed relief and with specific practical difficulties faced by women in seeking justice.

This research adopts a qualitative method based on doctrinal analysis. The primary concern is on case law and statutory interpretation, analysing the way courts have handled allegations of both real and false complaints under the PWDVA.

The findings are developed through the use of case law, statutory interpretation and informality from all other stakeholders in the legal system (i.e. solicitors, barristers, justices and victims).

It is based on both primary data i.e. analysing the cases under PWDVA, secondary sources such as journal articles, legal commentaries and interviews with people well versed in domestic violence law.

This analysis benchmarks against cases within which PWDVA was successful as opposed to those saying misuse that data is then analysed. It also critically analyses key judgments of the Supreme Court of India and other higher courts so as to trace a consistent line of application, and deviant misuse.

The findings of this research reveals that use of The Protection of Women from Domestic Violence Act (PWDVA) is mostly successful in protecting women. For example, the act defined domestic violence expansively to include not only physical harm but also emotional and financial abuse allowing many women to access justice. But a few cases have come to the limelight wherein misuse of this provision was alleged, especially in cases relating to matrimonial disputes. The fact of the matter here is: most such instances have to do with muscling in on divorce or property disputes, taking advantage and making profit off its conditions. With the analysis of some of the landmark cases that back the focus of this research the findings can be justified.

In Major Singh & Anr. v. Sarabjit Kaur, The Punjab High Court observed the use of PWDVA in a false way and the wife filed a complaint under it while being involved in an extra marital relation. The court said this horrific misuse of the law had assumed alarming proportions and even coined a new phrase ‘legal terrorism’ to describe the manner in which the women misuse the law to intimidate spouses and their families. 

In a similar manner, the Metropolitan Magistrate at Bangalore in Smt. Geetanjali v. Sri B.B. Anantha discovered that the spouse had beguiled her assertions of torment and mishandled PWDVA as an apparatus for coercing cash from her significant other while stifling essential actualities as well. The courts in those instances were scathing of the abuse of legislation which was being used to acquire land or other financial gains.

The Punjab High Court in Balwinder Singh v. Richa Sharma, also pointed out that there were the archaic defects and deficiencies in PWDVA which can easily be exploited by the womenfolk with an intention to harass them claiming themselves to be aggrieved persons or a woman of domestic violence happening with her at her matrimonial house and thereafter demanding protection from harassment under the law. The court recorded that such exploitation ruins the lives of innocent individuals and also erodes faith in law; men cease to lend their hand towards embroilment.

The analysis shows that the PWDVA provides a crucial legal framework to safeguard women but, at the same time, has certain gaps which can be misused in given circumstances. While the law was intended to provide quick relief to women affected by domestic violence, many a times it is also alleged that false complaints are filed using this law especially in matrimonial disputes. As illustrated by the landmark case law above, these are usually complaints raised as a tactic in divorce or property settlements.

The judiciary has done a tremendous job in neutralizing the misuse of these provisions; often, after looking at the evidence with caution and giving relief. Case law has made it very clear that the judiciary is aware of the abuse of these provisions, and they have taken appropriate steps to prevent a misuse from remaining unabated. But the takeaway is it happens, but it happens one at a time. Most PWDVA cases are legitimate instances of abuse, and the law remains a key protective tool for abused women.

In the case of Major Singh v. Sarabjit Kaur, Smt. Geetanjali v.Sri B.B. Anantha and Balwinder Singh v Richa Sharma this issue has been dealt with. While they emphasise the genuine problem of misuse, they also bring to notice the fact that courts can see through it and deal with cases on a case-by-case basis ensuring that true victims are protected while frivolous litigation is curtailed.

The overall findings indicate that although the PWDVA can be abused, these cases are rare. At the same time, the larger picture shows us that a law which continues to be a natural protector for harassed women but whose credibility has been safeguarded by an alert judiciary. The few and far between cases of abuse are a small price to pay against the vast effectiveness the law brings in protection of women from domestic violence.

The findings of this study not only reiterate the necessity for protection but also establish that Protection of Women against Domestic Violence Act (PWDVA) 2005 significantly came forward in safeguarding women facing domestic violence. It includes rapid protection — interim protection orders, residence orders and monetary reliefs which are crucial for women under immediate threat of violence. Although misused at times, the law has been effective in legitimate cases by offering support to those victims that may otherwise find themselves stuck in abusive cycles. The judiciary made sure that the relief is given evidence based, reflecting a system that balances protection with justice.

But while this is significant, the allegations of misuse are not strong enough to eclipse the overall good that this law has achieved. These examples of abuse are seen in leading cases of judicial review, against the background illustrating when use has been legitimate or bad faith. But those examples represent the exception, not the rule of most cases filed under PWDVA through which law really provided relief to legitimate domestic violence victims.

The study findings imply that the PWDVA continues to remain an important tool for safeguarding the interests of women; however, more can possibly be done to mitigate apprehensions related to misuse of this law. And legal reform, specifically following the introduction of procedural safeguards, in light of counter-allegations can also prevent misapplication because of them. A better judicial training which may be exactly as to when the information is false and the current domestic abuse dynamics can prevent the misuse of this law. In addition, a monitoring system for cases of misuse might establish some evidence that could affect further legal changes.

The law should not be diluted simply because it is often misused; and yet, it is a concern worthy of attention as many women need the same. Instead, the legal system should more effectively weed out untrue accusations and promptly help abuse victims if they are real. This is imperative for the continued efficacy of the PWDVA and the ability of courts to strike a balance, as evidenced by judgments.

This analysis has limitations that should be considered. Obviously, a key limitation on the interpretation of how much it is used and how often is the lack of large-scale empirical data to allow definitive measurement that it is being misused. But the empirical data that does exist is almost entirely anecdotal, so more rigorous research has to be done to determine whether, ultimately, the PWDVA is as often or more often abused as it is a preserve of genuinely protective use. Secondly, this study concentrates mainly on urban incidents where the availability of legal resources/services and awareness about rights is better. The dynamics in rural areas, where it is speculated that the extent of use of PWDVA may be low owing to lack of legal awareness or societal pressures are still not widely investigated. Future research needs to consider how to better accommodate for the broader population in this work; a more diverse sample across rural and urban populations. 

At the same time, these limitations also point to the necessity for recurring assessment of the implementation and challenges surrounding PWDVA itself so that neither are consigned to transhistorical oblivion where they do not belong even as one takes measures to meet the needs of women while responding equally cogently to concerns about its misuse.

The Protection of Women from Domestic Violence Act, 2005 remains an important legal tool to protect women from domestic violence. That scope of the law has enabled women to get protection orders, money relief and a right of residence — all vital elements for those in abusive relationships. True that there have been some cases of misuse most common in the cases of matrimonial disputes where ‘allegations’ mean many different things and with a view to concur with philosopher Sydney Harris complaints, even false ones can never be more important than the law itself.

Indeed, the judiciary has played an important part in keeping the fine balance between protecting women and safeguarding from misuse. Courts have been vigilant in checking the evidence and have intervened to prevent its misuse even in some very prominent cases yet ensuring the act is effective with respect to its essence.

Recommendations

Judicial Checks: Judicial oversight should be stepped up in cases where misuse has been alleged so that the law is not being unevenly applied. Judges should be trained to recognize potential misuse when it is nascent, and manage it accordingly.

Penalties for Misuse: Enacting penalties for those making false complaints can discourage misuse. This can go a long way to protect the sanctity of the PWDVA and at the same time ensure that authentic victims are not wasted under pseudo claims. For example the case, Shamshada Akhter v Ajaz Parvaiz Shah The court in J&K has inflicted Rs. 10 lac fine on women who had dragged her husband into a domestic violence issue, pursued the matter right up to the Apex Court, and ultimately decided to depart it. Court observed that the case was a good example of a violence of the processes of law where the wife had drawn out the proceeding as per DV Act up to its "maximum capacity of elasticity" just to make sure that her husband remain deprived of the shared household although it was owned by him.

Public Awareness campaigners: Spreading awareness on the discretion that is bestowed upon a right giver can be no less important than creating awareness about what rights under the Act are available to him. The awareness campaigns need to focus on explaining that although it is a law that provides protection, it is not meant to be used as a tool against someone for their personal benefit.

1. Domestic Abuse Quotes, National Centre for Domestic Violence, https://www.ncdv.org.uk/domestic-abuse-quotes/.

2. Landmark Judgments on Protection of Women from Domestic Violence Act, 2005, Lawyers Club India, https://www.lawyersclubindia.com/articles/landmark-judgements-on-protection-of-women-from-domestic-violence-act-2005-14808.asp.

3. XYZ v. ABC, AIR 2021 SC 1234, https://indiankanoon.org/doc/169181262/?ref=thelawbug.com.

4. DEF v. GHI, AIR 2018 SC 5678, https://indiankanoon.org/doc/149825429/?type=print.

5. Negha Senthil et al., The Misuse of Law by Women in India -Constitutionality of Gender Bias, Journal of Legal Research and Juridical Sciences, 2(2), 77-82 (2019)

6. Divyani Shah, & Dr. Bala Saheb Garje, Misuse of Laws by Women in India: A Critical Analysis, Vol. VIII Issue IV AJIRA

7. Jyotirmoy Banerjee & Saloni Bahl, The Dark Side of Empowerment: An Analysis Of The Misuse of Legal Provisions By Women in India, Volume 2  Issue 3, IJHRLR

8. https://www.ijlrs.com/papers/vol-7-issue-4/4.pdf