The Fight Against Domestic Violence: Towards a Safer India for Women

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Introduction

Domestic violence remains one of the most deeply entrenched challenges to women’s rights in India, cutting across class, caste, and geography. It takes many forms — from physical and emotional abuse to dowry-related harassment and financial neglect after separation or divorce. While laws exist to safeguard women, their protection often falls short in the face of societal attitudes, family pressures, and procedural delays.

A recent example that brought this issue back into the spotlight was the Supreme Court’s judgment in Shivangi Bansal vs Sahib Bansal, where it upheld a two-month “cool-off” period during which no arrest or coercive action could be taken under the anti-cruelty law. Supporters hailed it as a step towards preventing false cases, but many women’s rights advocates criticised it for potentially weakening immediate protections for victims of abuse.

This incident has reignited debates on the delicate balance between preventing misuse of the law and ensuring swift, effective protection for survivors. It underscores how judicial interpretations can significantly influence the lived realities of women, shaping both their access to justice and their safety within the home.

Data and Trends

1. Survey-Based Prevalence: NFHS-5 (2019–21)

29.3% of ever-married women reported experiencing physical, sexual, or emotional violence by their spouse at some point in their lives.
This survey measures prevalence, including both reported and unreported cases, not crime reports.
Provides figures for both lifetime experience and past 12 months, with lifetime prevalence being higher.
Gross under-reporting of violence against women was observed in several states.

2. Administrative Data: NCRB — Crime in India 2022

Crimes against women increased by around 4% in 2022 compared to 2021.
The crime rate was 66.4 crimes per 100,000 women in 2022.
The largest category among crimes against women was “Cruelty by husband or relatives” (formerly IPC Section 498-A, now Section 85 of the Bharatiya Nyaya Sanhita).
A total of 1,34,506 cases were registered under Section 498-A in 2022.
Conviction rate for Section 498-A cases was approximately 18% (about 1 in 5 cases lead to conviction).
The data only reflects reported and registered cases; actual prevalence is likely higher.

3. Measurement Differences and Underreporting

NFHS measures overall prevalence including unreported cases, while NCRB records only reported and registered crimes.
Underreporting is influenced by cultural stigma, economic dependence, and fear of retaliation.
A report by Humsafar Women’s Centre suggests that the rising number of cases may reflect increased awareness of legal rights rather than an actual rise in violence incidence.

4. Marital Offences: NCRB Data Comparison for 2019 and 2020

Cases of cruelty by husband or his relatives under Section 498-A IPC decreased from 1,24,934 in 2019 to 1,11,549 in 2020.
Dowry harassment cases under the Dowry Prohibition Act, 1961 fell from 13,307 in 2019 to 10,366 in 2020.
Dowry death cases under Section 304-B IPC slightly declined from 7,141 in 2019 to 6,966 in 2020.
Cases registered under the Protection of Women from Domestic Violence Act, 2005 reduced from 553 in 2019 to 446 in 2020.

Types of Violence Faced

Violence against women in India is multifaceted, encompassing physical, emotional, cultural, institutional, and digital forms. These acts of violence reflect deep-rooted gender inequalities and patriarchal control that cut across socio-economic, regional, and cultural divides.

1. Physical Violence

Beating, slapping, choking, burning, and other bodily harm inflicted by intimate partners or family members.
Often normalized in domestic settings and underreported.

2. Sexual Violence

Includes rape, marital rape, sexual assault, forced prostitution, and sexual harassment.
Perpetrated in homes, workplaces, public spaces, and institutions.

3. Emotional / Psychological Violence

Verbal abuse, gaslighting, humiliation, threats, and controlling behavior.
Damaging to mental health and self-esteem; often invisible and normalized.

4. Economic Violence

Denial of financial autonomy, withholding money, or restricting employment opportunities.
Reinforces dependency and limits women’s choices.

5. Domestic Violence (Intimate Partner Violence)

A combination of physical, emotional, and economic abuse by a spouse or partner.
Among the most common yet underreported forms of violence.

6. Honor Killings

Murders by family members due to perceived dishonor (e.g., marrying outside caste/religion, refusing forced marriage).

7. Female Genital Mutilation (FGM)

The non-medical cutting or removal of female genitalia, often rooted in cultural or religious beliefs.

8. Forced Marriage & Child Marriage

Girls and women married without consent, often underage, violating their rights and exposing them to abuse.

9. Human Trafficking & Sexual Exploitation

Trafficking of women and girls for forced labor, sexual slavery, or domestic servitude.

10. Online / Digital Violence

Cyberstalking, revenge porn, sexual harassment on social media, doxxing, and identity theft.

11. Dowry-Related Violence

Abuse, threats, and even murder over dowry disputes; often manifest as bride burning or harassment post-marriage.

12. Acid Attacks

Pre-meditated attacks using acid to disfigure, torture, or kill, often following rejection or familial disputes.

13. Institutional Violence

Abuse and neglect by police, employers, or state authorities, including custodial rape and harassment.

14. Witch Hunts

Branding women as witches to justify violence, often used to resolve land disputes or suppress outspoken women.

Causes of Domestic Abuse

Dowry-related harassment and demands
- Persistent dowry demands and related harassment are a major cause of domestic violence in many families, often escalating into physical, emotional, or psychological abuse.
Patriarchal social norms
- Deeply ingrained gender roles and beliefs give men power and control over women, legitimizing dominance and violence.
Economic dependence
- Financial reliance of victims on their abusers limits their ability to leave abusive relationships and seek help.
Lack of education and awareness
- Limited understanding of rights and legal protections among victims and communities perpetuates acceptance of abuse.
Substance abuse
- Alcohol and drug misuse by perpetrators often escalate violent behavior within families.
Stress and mental health issues
- Economic hardship, unemployment, and psychological problems can trigger or worsen abusive behavior.
Social isolation
- Lack of support networks and community connections makes victims more vulnerable to abuse and less likely to seek help.
Cultural acceptance of violence
- In some societies, domestic violence is normalized or seen as a private matter, discouraging intervention.
Weak enforcement of laws
- Inefficient legal systems, delayed justice, and police inaction contribute to the persistence of abuse.
Intergenerational transmission
- Exposure to violence in childhood increases the likelihood of either becoming a victim or perpetrator in adulthood.
Power and control dynamics

Abuse is often a means for perpetrators to assert control and dominance in intimate relationships.

Significance of Tackling Domestic Abuse

Protects fundamental human rights
Ensures the safety, dignity, and bodily integrity of individuals, especially women, within their own homes. This includes protection against dowry-related harassment and violence, which remains a significant cause of domestic abuse in many families.
Promotes gender equality
Reduces systemic discrimination and violence against women, fostering a more equitable society.
Improves mental and physical health
Prevents the short- and long-term physical injuries, psychological trauma, depression, and anxiety caused by abuse.
Reduces intergenerational trauma
Protecting victims and children helps break the cycle of violence passed down through families.
Strengthens social stability
Safe families contribute to stronger communities and reduce the social costs of violence, such as healthcare and legal expenses.
Supports economic empowerment
Victims free from abuse are better able to participate in education and the workforce, boosting overall economic productivity.
Enhances legal and institutional trust
Effective response to domestic abuse builds confidence in the justice system and social services.
Fulfills international commitments
Aligns with global frameworks like the Sustainable Development Goals (SDG 5) on gender equality and violence elimination.
Encourages reporting and intervention
Tackling domestic abuse lowers stigma and fear, increasing reporting and early help-seeking.
Protects children’s welfare
Reduces exposure of children to violence, which impacts their development, education, and future behavior.
Promotes public health
Domestic abuse is a major public health issue; addressing it reduces burdens on health systems.

Legal and Constitutional Framework

Constitutional Provisions
- Article 14: Guarantees equality before the law and equal protection of the laws to all individuals, ensuring nondiscrimination.
- Article 15: Prohibits discrimination on grounds of sex, enabling laws to protect women from domestic violence.
- Article 21: Protects the right to life and personal liberty, interpreted by courts to include the right to live with dignity and free from violence.
- Directive Principles (Article 39(e) and (f)): Direct the state to ensure equal rights and protection for men and women and to protect them from domestic abuse.
Protection of Women from Domestic Violence Act, 2005 (PWDVA)
- Specifically enacted to provide protection to women from domestic violence within the family.
- Defines domestic violence broadly to include physical, sexual, verbal, emotional, and economic abuse.
- Provides for various reliefs such as protection orders, residence orders, monetary relief, custody orders, and compensation.
- Establishes mechanisms like Protection Officers and shelters for victims.
- Civil law framework allowing for protection without criminal prosecution necessarily.
Indian Penal Code (IPC) Provisions
- Section 498-A (now Section 85 of Bharatiya Nyaya Sanhita): Penalizes cruelty by husband or relatives; includes harassment related to dowry or causing harm to woman’s life or health.
- Section 304-B IPC: Dowry death, punishable by imprisonment and fines.
- Sections 323, 324, 325 IPC: Physical assault and causing hurt or grievous hurt.
- Section 376 IPC: Punishes rape, applicable within domestic settings as well.
Dowry Prohibition Act, 1961
- Prohibits giving or taking dowry and penalizes dowry-related cruelty or harassment within marriage.
- Supports the anti-domestic violence framework by addressing a major cause of violence against women.
Code of Criminal Procedure (CrPC) Provisions
- Guidelines on arrest and investigation under Section 498-A, including safeguards against misuse.
- Section 12 of PWDVA allows aggrieved women to file complaints before Protection Officers or Magistrates.
Judicial Pronouncements
- Supreme Court has recognized domestic violence as a violation of fundamental rights under Articles 14, 15, and 21.
- Courts have emphasized the need for speedy and sensitive handling of domestic violence cases and balancing rights of both parties.
Other Related Legislations

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Protects women from domestic violence in vulnerable communities.
Child Protection Laws: Address violence against girl children within homes.

Important Judicial Cases Related to Domestic Violence

Vishaka vs. State of Rajasthan (1997, Supreme Court)
Established guidelines against sexual harassment, laying foundational principles on women’s right to safety and dignity that influence domestic violence law.
Sushil Kumar Sharma vs. Union of India (2005, Supreme Court)
Upheld constitutional validity of Section 498-A IPC despite concerns of misuse. Directed strict guidelines for police arrests under 498-A.
D. Velusamy vs. D. Patchaiammal (2010, Supreme Court)
Recognized live-in relationships under Protection of Women from Domestic Violence Act, 2005, expanding protections beyond formal marriages.
Indra Sarma vs. V.K.V. Sarma (2013, Supreme Court)
Clarified that Protection of Women from Domestic Violence Act (PWDVA) provides civil remedies alongside criminal law, emphasizing protection even in live-in relationships.
Arnesh Kumar vs. State of Bihar (2014, Supreme Court)
Laid down procedural safeguards for arrests under Section 498-A, preventing arbitrary arrests by requiring police to satisfy necessity criteria.
Hiral P. Harsora vs. Kusum Narottamdas Harsora (2016, Supreme Court)
Expanded PWDVA’s scope to include male relatives as respondents, allowing women to file complaints against any adult male/female in the shared household.
Shivangi Bansal vs. Sahib Bansal (2024/25, Supreme Court)
Endorsed a 2-month “cooling-off” period before arrest under Section 498-A. Sparked debate on balancing victim protection and concerns about misuse.

Government Efforts to Tackle Domestic Violence

Apart from legislative measures, the Government of India has implemented several key initiatives and support systems to address domestic violence and assist survivors. These efforts focus on institutional support, technology, capacity building, and funding to create a comprehensive safety net for women.

1. Institutional Support Systems

A. One Stop Centres (OSCs)

802 centres operational as of January 2025.
Services provided: medical aid, legal assistance, shelter, counselling.
10.8 lakh women assisted since inception in 2015.

B. Women Help Desks (WHDs)

14,658 WHDs functioning at police stations across India.
13,743 WHDs are headed by women officers.
Aim: To make police stations more approachable and sensitive to women’s issues.

C. Emergency Response Systems

ERSS-112: Pan-India emergency number; has handled 43 crore calls.
Women Helpline (181): Operational in 35 states and union territories, assisting 84.43 lakh women.

2. Technology & Monitoring

National Dashboard (C-DAC): Tracks real-time data of Women Helpline and OSC services.
Mission Shakti Portal (2025): Centralized platform for schemes and services dedicated to women’s welfare.

3. Capacity Building & Awareness

Stree Manoraksha Project (NIMHANS): Trains OSC staff in providing mental health support to survivors.
Bureau of Police Research & Development (BPR&D) Initiatives:
- Standard Operating Procedures (SOPs) for Women Help Desks.
- Handbook titled “Women’s Safety & Security” for police personnel.
- Gender sensitization webinars conducted for police officers.
National Commission for Women (NCW) Campaigns: Organizes workshops and media campaigns focused on women’s legal rights and safety awareness.

4. Funding & Policy

Nirbhaya Fund: Provides financial support for training investigators, prosecutors, and medical officers involved in handling violence against women cases.
Ministry of Women and Child Development (MWCD) Advisories: Issues regular guidelines to states for improving women’s safety and enforcing support systems.

Challenges in Tackling Domestic Violence

Underreporting of Cases
- Many victims do not report abuse due to fear of stigma, retaliation, social ostracism, or economic dependence on the abuser.
- Cultural and societal norms often discourage women from speaking out or seeking help.
Lack of Awareness
- Limited knowledge among victims about their rights and available legal remedies.
- Inadequate public awareness campaigns in rural and marginalized communities.
Inadequate Institutional Response
- Insensitive or untrained police personnel and frontline workers may discourage reporting or fail to provide appropriate support.
- Delays in investigation and prosecution weaken the effectiveness of the justice system.
Social and Economic Dependence
- Victims often rely on their abusers financially, making it difficult to leave abusive relationships or seek justice.
- Lack of adequate shelter, rehabilitation, and economic empowerment programs.
Legal and Procedural Barriers
- Complex, lengthy legal processes can deter victims from pursuing cases.
- Low conviction rates and fear of prolonged litigation discourage reporting.
Stigma Around Live-in Relationships
- Women in live-in relationships face additional challenges as social acceptance and legal protections remain limited compared to formal marriages.
- Misunderstandings about the applicability of domestic violence laws to live-in relationships often prevent victims from accessing justice.
Limited Coordination Between Agencies
- Fragmented efforts among police, judiciary, health services, and social welfare agencies reduce the effectiveness of interventions.
- Lack of a unified system for monitoring and supporting victims.
Cultural and Patriarchal Mindsets

Deep-rooted patriarchal attitudes normalize domestic violence as a “private family matter.”
Resistance within communities to external intervention or legal action.

Way Forward

Strengthen Legal Enforcement
- Ensure strict implementation of existing laws with timely police response and judiciary support.
- Increase awareness about legal rights among women, especially in rural and marginalized areas.
- Streamline and expedite legal processes related to divorce and maintenance/alimony claims to ensure timely relief for survivors.
- Promote awareness about alimony rights under laws like the Protection of Women from Domestic Violence Act and Hindu Marriage Act to empower women economically post-separation.
- Recognize and enforce legal protections for women in live-in relationships under existing laws to address domestic violence and maintenance rights effectively.
Expand and Enhance Support Services
- Increase the number of One Stop Centres and Women Help Desks with trained personnel.
- Improve access to mental health and rehabilitation services for survivors.
Capacity Building and Sensitization
- Conduct regular gender sensitization training for law enforcement, judiciary, and healthcare providers.
- Promote community awareness programs to reduce stigma and encourage reporting.
Promote Economic Empowerment
- Link domestic violence interventions with skill development and livelihood programs to reduce victims’ economic dependence.
Improve Data Collection and Monitoring
- Develop centralized databases and real-time monitoring systems for better tracking of cases and service delivery.
Facilitate Multi-Sectoral Coordination
- Strengthen collaboration between police, healthcare, legal aid, and social welfare agencies to provide holistic support to victims.

Global Best Practices to Adopt

Specialized Trauma-Informed Training Modules
- The UK’s Domestic Abuse Commissioner provides ongoing, advanced training focused on trauma-informed, victim-centered policing and judicial processes, beyond basic gender sensitization.
Comprehensive Community Engagement Involving Men and Boys
- Sweden’s sustained gender equality education actively engages men and boys as partners in prevention, fostering deep societal attitude shifts.
Advanced Centralized Data Systems and Research
- The US National Intimate Partner and Sexual Violence Survey sets a benchmark for comprehensive, transparent national-level data collection to guide policy.
Technology-Driven Discreet Reporting and Protection
- Spain and South Korea use mobile apps and online platforms enabling survivors to report abuse safely and receive real-time protection orders.
Dedicated Fast-Track Domestic Violence Courts
- Specialized courts in Canada and the UK speed up trial processes and reduce trauma, ensuring timely justice for survivors.
Integrated Multi-Agency Collaboration Models with NGOs
- New Zealand’s model features strong, formalized coordination among police, health, social services, and NGOs to provide seamless victim support.
Deep Alignment with International Legal Frameworks
- Active implementation and monitoring under global treaties, conventions, and protocols such as:
- These frameworks provide standard-setting, resource-sharing, and international cooperation to strengthen domestic violence prevention and response.

Conclusion

Domestic violence remains a deep-rooted social issue that requires more than just laws on paper. Effective implementation, victim-centric support, and sensitisation of law enforcement — as emphasised in the 277th Law Commission Report — are crucial to ensuring survivors’ safety and dignity. Civil society organisations, such as Breakthrough India with its “Bell Bajao” campaign, play a vital role in raising awareness and mobilising communities to challenge harmful norms.

The Supreme Court’s judgment in Shivangi Bansal vs Sahib Bansal has brought renewed focus on the complexities of protecting women from domestic violence while balancing concerns about misuse of the law. This highlights the urgent need for a justice system that is both sensitive and effective in addressing domestic abuse.

As Mahatma Gandhi said, “You may never know what results come from your actions, but if you do nothing, there will be no result.” India’s ongoing challenges in gender equality, highlighted by the Global Gender Gap Report and other indices, demand coordinated legal, social, and economic efforts. Only through collective resolve and inclusive policies can the promise of safety, justice, and dignity for all women be truly realised.