Author: Ankita Mishra, LLB
University: Deen Dayal Upadhyay Gorakhpur University
Introduction: When Rights Meet Reality
Imagine a young woman in rural India, whose autonomy and identity vanish beneath daily insults, beatings, and control—a broken bathroom door, a locked phone, no access to family or finances. For many survivors of domestic violence, this is more than trauma—it’s a struggle for dignity, safety, and freedom within their own homes. While India’s Constitution promises equality and life with dignity, the journey from legal promise to lived reality is long and winding. This article explores that journey through statutes, judgements, and human stories.
Constitutional Foundations: Articles 14, 15 & 21
Article 14 – Equality Before Law
Enshrines equality and forbids discrimination. Domestic violence laws are constitutionally anchored here: special protections for women don’t violate equality—they reinforce it. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is upheld as a valid special provision under Article 15(3) .
Article 15 – Prohibition of Sex-Based Discrimination
Enables the state to establish specific measures for women. The PWDVA is a clear expression of this constitutional authority.
Article 21 – Right to Life with Dignity
Supreme Court rulings—from Francis Coralie Mullin to Maneka Gandhi—have progressively defined this right to include bodily integrity, physical and mental safety, shelter, and emotional support .
3. The PWDVA, 2005: Constitutional Legitimacy and Scope
Enacted on 13 Sept 2005, the PWDVA offers expansive relief—residence, protection orders, monetary support, legal aid—with the aim to protect men’s constitutionally-guaranteed rights under Articles 14, 15 and 21 .
Sections 6 and 17 specifically safeguard shelter rights:
●Section 6 requires Protection Officers to provide accommodation.
●Section 17 ensures the right to reside in the shared household .
Interpreting Constitutional Mandates Through Case Law
Chameli Singh v. State of UP (1996)
Held that ‘life’ under Article 21 includes shelter. This foundational ruling underpins Sections 6 & 17 of the PWDVA .
Francis Coralie Mullin (1981)
Stated that bodily damage, even temporary, violates Article 21—reinforcing domestic violence as a constitutional concern .
Maneka Gandhi v. Union of India (1978)
Expanded ‘personal liberty’ to require a reasonable procedure, connecting Articles 14, 19, and 21; this “golden triangle” ensures domestic violence laws must meet strict constitutional standards .
Vishaka v. State of Rajasthan (1997)
Engaged the Supreme Court in taking on active responsibilities under Articles 14, 15, and 21. While it addressed workplace harassment, its principles directly shaped domestic violence jurisprudence—affirming that absence of criminal laws doesn’t preclude judicial activism .
PWDVA in Action: Landmark Judgements
Indra Sarma v. V.K.V. Sarma (2013)
Extended the PWDVA’s scope to include specific live-in relationships in addition to marriage. Not all live-in situations qualify—courts require permanence, finances, societal reputation .
Lalita Toppo v. State of Jharkhand (2013)
Precision clarified: even a non-married partner can claim relief; when aligned with a domestic relationship, relief may be more generous than under CrPC 125 .
Saraswathy v. Balu (2014)
Domestic violence ongoing before PWDVA’s enactment is still actionable if patterns continue after enforcement—continuing offences are valid for relief .
Hiral P. Harsora v. Kusum Narottamdas Harsora (2016)
The definition of “aggrieved person” (Section 2(q)) now includes female relatives—bringing sisters, mothers, daughters under the Act .
S.R. Batra v. Taruna Batra (2007)
Clarified property vs. domestic rights. Even if a husband owns the home, a woman has the statutory right to peaceful enjoyment—prioritising dignity over ownership.
Sabita Mark Burges v. Mark Lionel Burges (2013)
Bombay High Court ruled that Section 19 grants expulsion orders—even if husband owns the house, violence outweighs proprietorship .
Kamatchi v. Lakshmi Narayanan (2022)
Domestic violence lapses can accrue as a “continuing offence,” enabling delayed claims under the limitation period .
Shalini Chauhan (2025)
Delhi court upheld that shared household rights extend even to those not physically present at the time of separation; in-laws must provide rent or shelter .
Criminal Counterparts Under the Bharatiya Nyaya Sanhita (BNS)
Section 85, BNS – Cruelty by Husband or Relatives
Any cruelty committed against a woman by her husband or his family members is illegal under this clause. This includes requests for a dowry, physical or psychological abuse, and acts that cause serious harm or suicide.
Punishment: Imprisonment up to 3 years + fine
Section 80,BNS – Dowry Death
If a woman dies under unnatural circumstances within 7 years of marriage and was subjected to cruelty/dowry harassment soon before her death, it is presumed to be dowry death.
Penalties include a minimum of seven years in jail and a maximum of life in prison.
These BNS sections replace the old IPC 498A and 304B but retain their original protective intentions.
Arnesh Kumar v. State of Bihar (2014)
Demanded police gender-balance—cases under 498A can’t trigger automatic arrest; police must apply Section 41 CrPC guidelines . This aimed to reconcile enforcement with the rights of the accused.
Misuse Debate
Supreme Court in Sushil Kumar Sharma v. Union of India (2006) and Preeti Gupta v. Jharkhand (2010) acknowledged misuse of 498A (IPC ) but upheld its necessity. Courts urged legislature to mitigate false claims without diluting the law’s protective core .
Constitutional Mechanisms for Enforcement
Protection Officers
PWDVA mandates designated officers to act swiftly—handle complaints, secure medical aid, file complaints, follow-up proactively .
Legal Aid & Fast-Track Courts
Courts must provide free legal aid, ex-parte orders, and rapid decisions. Arrears become a constitutional concern when they prolong suffering.
Role of State
Under Article 21, state duty is proactive. Passive enforcement is unconstitutional—it must be effective and trauma-informed.
Remaining Gaps: Law vs. Ground Reality
Marital Rape
India still excludes non-consensual sex within marriage from criminal laws (Exception 2 to Section 63, BNS). Campaigns argue this violates Article 21 and gender equality rights. The Supreme Court is currently reviewing this.
LGBTQ+ and Non-Traditional Families
PWDVA defines “domestic relationship” narrowly. Although live-in relationships are recognized by the Supreme Court, the law is unclear about LGBT partnerships.
Misuse & Stigma
Legitimate concerns exist over misuse, but more urgent issues include inadequate infrastructure, societal stigma, and lack of awareness.
The Role of Panchayats and Local Governance in Tackling Domestic Violence
In rural India, Panchayati Raj institutions can play a major role in dispute resolution and early detection of domestic abuse. Gram sabhas and women’s collectives are being increasingly trained to work with protection officers and police to report cases, counsel victims, and ensure state intervention.Efforts to create awareness through legal literacy camps and Mahila Sabhas (women’s meetings) under the National Rural Livelihood Mission (NRLM) have proven instrumental in sensitizing the community about constitutional protections available to victims.
Domestic Violence During Emergencies: The COVID-19 Surge
According to the National Commission for Women (NCW), India saw a sharp increase in domestic abuse cases during the 2020 shutdown. Confined spaces, unemployment, and lack of access to public support services led to many women suffering in silence.Constitutional duties of the state under Article 21 were re-emphasized, compelling several High Courts to take suo motu cognizance and direct state action—showing how constitutional protection must adapt in emergencies.
Role of Education and Media in Preventing Domestic Violence
The right to education under Article 21A and freedom of speech under Article 19(1)(a) contribute to the battle against domestic violence by empowering women with knowledge and visibility. Campaigns like “Beti Bachao, Beti Padhao” and partnerships with NGOs have been pivotal in creating change at the grassroots level.Educational curricula that include gender sensitivity and consent, especially in secondary schools and law universities, help develop a culture of respect and awareness.
Real-Life Impact: Rights in Action
A survivor escaping a violent in-law-household is granted interim shelter and monthly rent—enabled by Section 19 and court orders.A Maharashtrian woman, despite her husband owning the house, obtained an eviction order against him under PWDVA, protecting her dignity and safety.Live-in partner abuse victims have successfully claimed monetary relief under Lalita Toppo.These are not theory—they are constitutional rights breathing life in pallid courtrooms.
Towards Reform: A Constitutional Roadmap
1. Criminalise marital rape: Close the marital consent loophole—constitutional rights demand bodily safety.
2. Extend to all survivors: Gender neutrality, LGBTQ+ inclusion, recognition of more relationship types.
3. Strengthen enforcement: Fill Protection Officer posts countrywide; ensure fast-track courts and legal aid.
4. Judicial plus administrative coordination: Police training (e.g., Arnesh Kumar guidelines), court-policymaker synchronization.
5. Public awareness: Schools, media, and community programs to affirm constitutional rights at home—not just in court.
6. Balance protection and rights: Guard against misuse without weakening constitutional safeguards.
Conclusion: Law as Lived Justice
The Constitution affirms every individual’s right to life, dignity, and equality. India’s PWDVA is a living testament to these values. Landmark rulings have expanded its reach—yet real freedom depends on legal reform, enforcement, and societal change.
When a teenage wife forced to surrender her phone receives a court order restoring her mobile, it isn’t just relief—it’s constitutional justice realized. The battle is not over, but every judicial victory—especially on marital rape and LGBTQ+ inclusion—marks progress toward living the Constitution at the hearth of every home.
References and Citations
1. Protection of Women from Domestic Violence Act, 2005
2. Bharatiya Nyaya Sanhita, 2023 (Sections 80, 85, 63)
3. Constitution of India – Articles 14, 15, 21, 21A, 19(1)(a)
4. Chameli Singh v. State of UP, (1996) 2 SCC 549
5. Francis Coralie Mullin v. Administrator, Union Territory of Delhi, (1981) 1 SCC 608
6. Maneka Gandhi v. Union of India, (1978) 1 SCC 248
7. Vishaka v. State of Rajasthan, AIR 1997 SC 3011
8. Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 755
9. Lalita Toppo v. State of Jharkhand, (2013) SCC OnLine SC 931
10. Saraswathy v. Balu, (2014) 3 SCC 712
11. Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165
12. S.R. Batra v. Taruna Batra, (2007) 3 SCC 169
13. Sabita Mark Burges v. Mark Lionel Burges, 2013 SCC OnLine Bom 569
14. Kamatchi v. Lakshmi Narayanan, (2022) 2 SCC 1
15. Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273
16. National Commission for Women (NCW) Reports – Domestic Violence during COVID-19
17. Ministry of Women and Child Development – Beti Bachao Beti Padhao Scheme
18. Legal commentaries from SCC Online, Indian Kanoon, and PRS Legislative Research
About the Author
