They are unsafe not just outside but in their homes as well.

Actually, it can be said that they

are more unsafe in their houses compared to when they are not in their homes. As per the
National Family Health Survey (NFHS) report in 2006, around 40% of the women faced
some type of violence by their partners or in-laws inside their homes. This data is provided
by a government body whereas, as per the reports of a private organisation named Yugantar
Educational Society funded by NITI Aayog (formerly known as Planning Commission of
India). Around 84% of women have faced some kind of violence by their partner or in laws
inside their homes. All this data is of one year after the ‘THE PROTECTION OF WOMEN
FROM DOMESTIC VIOLENCE ACT, 2005’ was enacted by the parliament. If we take a
mid-ground of both the government and private organisation’s data, it can be said that around
50% of women have been the victims of domestic violence at some point in their lives. The
situation is very alarming as out of every 2 women, 1 is has been the victim of domestic
violence at least once in their lives.

As per the report “Gender differentials and state variations in suicide deaths in India: the
Global Burden of Disease Study 1990–2016” by The Lancet, married women account for
the highest proportion of suicide deaths among women in India.6

Some of the major case laws on domestic violence are—

● Indra Sharma v/s V.K.V. Sharma: Role of the offence of Domestic Violence in
context of live in relationships were discussed.

● Ishpal Singh Kahai v/s Mrs. Ramanjeet Kahai: The court held that physical
injuries caused under the influence of intoxication too fall under the ambit of
Domestic Violence.

● Krishna Bhattacharya v/s Sarathi Choudhary: The court held that demand for
dowry falls within Domestic Violence.

● Ajay Kumar v/s Lata Sharuti: The court ruled that a complaint of Domestic
Violence can be made against husband, male partner or relatives. It was an important
judgement as it included Live-in relationships because of the word ‘partner’ used in
the judgement.

6
https://www.thelancet.com/action/showPdf?pii=S2468-2667%2818%2930138-5 pg.9 (Browsed on 06-03-
2023)
 ● The Domestic Violence Act does involve sexual abuse but it also includes petty acts
like dowry and mental or physical injury and in addition to that serious issues like
marital rape are not addressed.

● Another important loophole in the law is that it only focuses on one gender. This law
perceives women as the only victim and men as the only perpetrator which is very
wrong.

Gender biased nature of the act

The act in question is gender biased in nature. It only talks about how a woman is the only
victim and a man is the only perpetrator. It is totally understood that the intent of the
parliament was good when they passed this act but since then, society has changed a lot.
Although the problem exists and still there are more female victims of Domestic Violence
compared to men, that doesn’t mean that we will simply ignore the plight of the men facing
the same problem. There are men out there who face this issue but are unable to talk to
anyone about it just because society will judge them. There are 77 countries around the globe
that have brought change in their laws to make it gender neutral. It’s time that we should also
move towards making these laws gender neutral to promote overall well being of the society.