Domestic Violence Act 2005: Are Men Also Entitled to Legal Protection?

Abstract: Domestic Violence Act, 2005 and Gender-Neutral Legal Protection

The shielding of women from Domestic violence Act 2005 was imposed to provide effective protection to women facing violence within the family.

The Act has defined in different form of Abuse, including physical, verbal, emotional and economic abuse. 1 The primary protection is available to women.

The circumstances raise controversy that is it neutral? And whether male victim will be equally & Legally protected.

Looking at such circumstances, there is a need to re-examine whether the Act is consistent with the constitutional principles of equality and equal protection under the law.

It is also necessary to observe whether the absence of a similar comprehensive statutory remedy for male victims creates a gap in state accountability.

Gender-Specific Nature of the Domestic Violence Act and Constitutional Equality

Hence, it needs to be re-examined whether the gender-specific nature of the Domestic Violence Act, its relationship with Article 14 and Article 16 of the Constitution, and the requirement for equal protection against domestic violence irrespective of gender are justified.

Legal Framework and Evidence

This is based on constitutional provisions, the Protection of Women from Domestic Violence Act, 2005, judicial decisions, legal articles, and secondary sources of evidence.

Protection Against Domestic and Societal Violence

On going through all the protection procedures for women from domestic and societal violence, such protection is justified.

However, men and other family members should also be provided with legal remedies.

State Accountability and Fair Legal Remedies

Governance requires the State to respond fairly to genuine victims while preventing the misuse of legal provisions.

The female gender is sensitive, but fair legal measures can protect women while also ensuring that the male gender should not be ignored.

Gender-Neutral Remedies, Equality and Justice

A gender-neutral remedy would provide equality, justice, accountability, and public confidence in the legal system.

1. Introduction

Home is generally understood as a place of safety and security.

However, for many people, the family home can become a place of fear, abuse and control.

Domestic violence is not limited to physical assault. It may include sexual abuse, verbal and emotional abuse, economic abuse, threats, intimidation and other forms of harmful conduct.

To address domestic violence against women, India enacted the Protection of Women from Domestic Violence Act, 2005 (PWDVA), which came into force on 26 October 2006. ² The Act provides several forms of relief, including protection orders, residence orders, monetary relief, custody orders, compensation and interim orders.

The enactment of the PWDVA was based on the recognition that women have historically faced violence and unequal treatment within domestic and family relationships.

Article 15(3) of the Constitution permits the State to make special provisions for women and children, while Article 14 guarantees equality before the law and equal protection of the laws. ⁴ This creates an important constitutional and policy question.

If a man, elderly person or another member of a family becomes a genuine victim of domestic violence, does the present legal framework provide the same comprehensive protection? The answer is not completely affirmative.

The PWDVA is principally a women-oriented statute.

Section 2(a) defines an “aggrieved person” as a woman who is, or has been, in a domestic relationship with the respondent and alleges that she has been subjected to domestic violence. ⁵ A male victim may rely on general criminal law, civil remedies and other applicable laws, but he does not have the same status as an “aggrieved person” under the PWDVA.

This does not necessarily mean that the PWDVA is unconstitutional or unjustified. A law may constitutionally provide special protection to a group that faces a particular form of social disadvantage.

Article 15(3) expressly permits the State to make special provisions for women and children. ⁶ However, the existence of special protection for women also raises a broader question: whether the legal system should provide appropriate remedies to other genuine victims without weakening the protection available to women.

This research therefore examines the gender-specific nature of the PWDVA, its relationship with Articles 14 and 15(3) of the Constitution, the limited relevance of Article 16, and the significance of the Supreme Court’s decision in Hiral P. Harsora v. Kusum Narottamdas Harsora. ⁷ It also considers whether India should introduce additional gender-neutral remedies for victims of domestic violence.

2. Research Problem and Research Questions

2.1 Research Problem

The principal research problem is the difference between the legal protection available to women under the PWDVA and the remedies available to male victims of domestic violence.

Section 2(a) of the PWDVA defines an “aggrieved person” as a woman who is, or has been, in a domestic relationship with the respondent and alleges that she has been subjected to domestic violence. ⁸ Consequently, a male victim cannot ordinarily invoke the PWDVA in the capacity of an aggrieved person.

He may, however, have remedies under other criminal, civil or family laws depending upon the facts of the case. ⁹

The central issue is therefore not whether women should receive special protection. The more difficult question is whether the absence of a comparable comprehensive statutory remedy for other genuine victims creates a gap in the legal system.

2.2 Research Questions

This study addresses the following questions:

1. Is the Protection of Women from Domestic Violence Act, 2005 gender-neutral or women-specific?
2. Can male victims obtain the same legal remedies under the existing legal framework?
3. Does the women-specific nature of the PWDVA raise an issue under Article 14?
4. How does Article 15(3) constitutionally support special protection for women?
5. What is the relevance of Article 16 to domestic violence?
6. What did the Supreme Court decide in Hiral P. Harsora v. Kusum Narottamdas Harsora?
7. Does the absence of comparable remedies for male victims create a legal or policy gap?
8. Should India introduce additional gender-neutral domestic violence remedies while retaining the special protection available to women?

3. Objectives of the Study

3.1 To Understand the Nature of Domestic Violence

To examine domestic violence as conduct that may involve physical, sexual, verbal, emotional and economic abuse.

3.2 To Examine the Protection of Women from Domestic Violence Act, 2005

To analyse important provisions of the Act, including Sections 2, 3, 12, 17, 18, 19, 20, 21, 22 and 23.

3.3 To Understand the Women-Specific Nature of the Act

To examine why the legislature enacted a women-oriented law and whether the existing framework adequately addresses the needs of other genuine victims.

3.4 To Analyse Article 14

3.5 To Analyse Article 15(3)

To understand how Article 15(3), which permits special provisions for women and children, supports protective legislation such as the PWDVA. ¹²

3.6 To Examine Article 16

To explain why Article 16 has limited relevance because it primarily concerns equality of opportunity in public employment. ¹³

3.7 To Examine Important Judicial Decisions

To analyse decisions including Hiral P. Harsora v. Kusum Narottamdas Harsora and Satish Chander Ahuja v. Sneha Ahuja. ¹⁴

3.8 To Suggest Possible Legal Reforms

To consider reforms that can protect women effectively while ensuring that other genuine victims also have meaningful legal remedy.

4. Research Methodology

This study adopts a doctrinal method of legal research.

The research primarily relies upon primary and secondary legal sources.

Primary sources include the Constitution of India, the Protection of Women from Domestic Violence Act, 2005, the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023 and relevant judicial decisions.

Secondary sources include legal commentaries, research articles, law books, government publications and recognised legal databases.

The principal constitutional provisions considered in this research are Articles 14, 15(3) and 21. ³² Article 16 is also discussed because of its relevance to the research question, although its direct connection with domestic violence is limited.

The study is qualitative rather than statistical.

It examines statutory language, constitutional principles, judicial interpretation and the remedies available to different categories of victims.

The objective is not to argue for the removal of special protection available to women. Instead, the study seeks to examine whether the existing legal framework can be supplemented so that all genuine victims have access to appropriate legal remedies.

5. Main Discussion and Legal Analysis

5.1 Meaning and Nature of Domestic Violence

Domestic violence is a broad concept and cannot be reduced to physical assault.

Section 3 of the PWDVA expressly recognises several forms of domestic violence, including physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse. 10 Physical abuse includes conduct causing bodily pain, injury or danger to life, limb or health. 15 Sexual abuse includes conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of the woman. 16 Verbal and emotional abuse may include insults, ridicule, humiliation, name-calling and repeated threats. 17 Economic abuse may involve deprivation of financial resources, household necessities, maintenance or property connected with the domestic relationship. 18 The statutory definition demonstrates that domestic violence may exist even where there is no obvious physical injury. 19 Emotional, financial and psychological forms of abuse are also recognised within the statutory framework. 20

5.2 Why Was a Special Law Made for Women?

The women-specific nature of the PWDVA is closely connected with the historical and social circumstances surrounding violence against women in India.

Women may experience domestic violence in situations involving dowry demands, economic dependence, unequal family relationships, social pressure and concerns relating to residence, financial security and children. 21 The legislative scheme of the PWDVA reflects an attempt to provide women with protection against violence occurring within domestic relationships.

The legislature therefore considered a special legal framework necessary to provide effective protection to women facing violence within domestic relationships.

The Preamble of the PWDVA states that the legislation is intended to provide more effective protection of the rights of women who are victims of violence of any kind occurring within the family. 22 Therefore, the women-specific nature of the statute has a clear legislative purpose.

The mere fact that a law gives special protection to women does not automatically make it discriminatory. The Constitution itself permits special provisions for women under Article 15(3). 23

5.3 Article 14 and Equality

Article 14 guarantees equality before the law and equal protection of the laws. 24 8 Constitutional equality does not necessarily require identical treatment of every person in every situation.

Indian constitutional jurisprudence recognises reasonable classification, provided that the classification is founded on an intelligible differentia and the differentia has a rational relation to the object sought to be achieved. 11 In Budhan Choudhry v. State of Bihar, the Supreme Court explained the traditional test of reasonable classification under Article 14. 25 In the context of domestic violence, women have been treated as a specially protected group because the legislature identified particular social conditions affecting women. 26 Article 15(3) further recognises the constitutional legitimacy of special provisions for women. 27 Accordingly, the existence of a women-specific domestic violence statute does not by itself establish a violation of Article 14. 28 However, a separate question remains.

Even if special protection for women is constitutionally permissible, should the State also provide an effective remedy to other genuine victims?

Article 14 does not necessarily require identical legislation for men and women in every circumstance. Nevertheless, the broader principle of equality raises a legitimate policy question regarding whether similarly serious situations of victimisation are being addressed adequately by the legal system.

5.4 Article 15(3) and Special Protection for Women

Article 15(3) provides that nothing in Article 15 shall prevent the State from making special provisions for women and children.

This constitutional provision provides an important basis for protective legislation directed towards women. The PWDVA can therefore be understood as protective legislation29 intended to address a particular social problem affecting women.

The Supreme Court has recognised that Article 15(3) permits the State to make special provisions for women and children and that such provisions may constitute affirmative or protective measures. 30 The existence of allegations that a protective law may sometimes be misused cannot, by itself, justify removing the protection available to genuine victims.

Allegations of misuse must be examined according to the facts of individual cases.

Consequently, the constitutional debate should not be framed as a choice between equality and women’s protection. It is possible to preserve special protection for women while simultaneously considering additional remedies for other victims.

5.5 Article 16 and Its Limited Relevance

Article 16 primarily guarantees equality of opportunity in matters relating to public employment and appointment to offices under the State. 31 Domestic violence ordinarily does not concern public employment or appointment to public office.

Therefore, Article 16 has limited direct relevance to the constitutional validity of the PWDVA.

The more relevant constitutional provisions are:

• Article 14 – equality before law and equal protection of laws;
• Article 15(3) – permission to make special provisions for women and children; and
• Article 21 – protection of life and personal liberty.

10 Thus, Article 14 and Article 15(3) are considerably more important to the present research question than Article 16.

5.6 Legal Position of Male Victims

One of the principal limitations of the PWDVA arises from Section 2(a), which defines an “aggrieved person” as a woman. 33 Therefore, a man subjected to domestic violence does not ordinarily obtain the status of an aggrieved person under the PWDVA.

Depending upon the facts, he may have remedies under general criminal law, civil law or other applicable legislation.

However, those remedies do not necessarily provide the same combination of relief available under the PWDVA.

This distinction is significant because the PWDVA provides a specialised framework addressing violence within domestic relationships and offers several forms of relief before a Magistrate.

5.7 General Criminal Law and Domestic Violence Remedies

It may be argued that male victims already have access to criminal law and therefore do not require a separate legal framework.

This argument has some force, particularly where the conduct constitutes a criminal offence.

The Bharatiya Nyaya Sanhita, 2023 (BNS) now constitutes the principal general criminal statute, while the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs criminal procedure. 35 However, criminal law and the PWDVA serve different purposes.

Criminal law primarily addresses criminal offences and their consequences, whereas the PWDVA provides a protective and remedial framework concerning domestic relationships. 34 The PWDVA permits relief relating to protection, residence, monetary assistance, custody and compensation. 3 Therefore, simply stating that a male victim can approach the police does not completely resolve the issue.

A criminal prosecution and a comprehensive domestic violence protection framework are not necessarily equivalent remedies.

5.8 Protection of Women Must Not Be Weakened

Any discussion of gender-neutral protection must recognise the continuing need for effective protection of women.

The existence of a legal gap for male or other victims does not mean that the PWDVA should be repealed or that women’s protection should be reduced.

A more balanced approach would preserve the existing women-specific framework while considering additional remedies for other genuine victims.

The objective should therefore be protection plus equality, rather than replacing one form of protection with another.

6. Relevant Statutory and Judicial Analysis

6.1 Protection of Women from Domestic Violence Act, 2005

Several provisions of the PWDVA are particularly relevant:

Taken together, these provisions demonstrate that the PWDVA provides a comprehensive protective framework for women facing domestic violence. 36

6.2 Hiral P. Harsora v. Kusum Narottamdas Harsora

The Supreme Court’s decision in Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165, is particularly significant. 48

Before the judgment, Section 2(q) of the PWDVA defined “respondent” by reference to an “adult male person”. 49 The Supreme Court struck down the words “adult male” from Section 2(q). 50 The Court held that the offending words were unconstitutional and severable from the provision. 51 As a result, the scope of persons who could be respondents under the PWDVA was expanded beyond adult males.

The decision is important for understanding the distinction between the victim side and the respondent side of the PWDVA.

The judgment did not convert Section 2(a) into a gender-neutral provision. 52 The Court’s decision concerned the definition of “respondent” in Section 2(q), not the statutory definition of “aggrieved person” in Section 2(a).

Thus, after Harsora, a woman may, where the statutory requirements are satisfied, proceed against a female family member or another person falling within the scope of the Act.

However, the principal victim-oriented protection under Section 2(a) continues to be directed towards women.

This distinction is central to the present research.

6.3 Satish Chander Ahuja v. Sneha Ahuja

In Satish Chander Ahuja v. Sneha Ahuja, (2021) 1 SCC 414, the Supreme Court examined the meaning and scope of the expression “shared household” under the PWDVA. 53

The Supreme Court rejected an unduly narrow interpretation of “shared household” and held that the expression must be understood in light of the statutory scheme of the PWDVA. 54 14

The decision illustrates the importance of the residence-related remedies provided by the PWDVA and demonstrates the significance of the Act’s protections concerning women within domestic relationships.

7. Findings and Observations

The analysis leads to the following findings:

7.1 The PWDVA Is Primarily a Women-Oriented Statute

Section 2(a) expressly defines the aggrieved person as a woman. 3855 Therefore, the principal victim-oriented protection under the Act is women-specific.

7.2 The Act Is Not Completely Gender-Neutral

Although the definition of domestic violence covers different forms of abuse, the principal person entitled to seek the statutory remedies is a woman. 39

7.3 Harsora Expanded the Respondent Side

The Supreme Court removed the words “adult male” from Section 2(q). 57 Therefore, respondents under the Act are not restricted to adult males.

However, this judgment did not make the victim side of the Act gender-neutral.

7.4 Article 14 Does Not Automatically Invalidate the PWDVA

A women-specific protective law is not automatically unconstitutional.

Reasonable classification is constitutionally permissible, and Article 15(3) expressly permits special provisions for women. 59

7.5 A Legal and Policy Gap Nevertheless Exists

Male victims may have access to criminal and civil remedies, but they do not ordinarily have access to the same comprehensive statutory framework available to women under the PWDVA. 56 This raises a legitimate question for legislative policy.

7.6 Article 16 Has Limited Relevance

Article 16 concerns public employment and therefore does not provide the principal constitutional framework for analysing domestic violence legislation. 60

7.7 Misuse and Genuine Victimhood Are Separate Issues

Possible misuse of a protective law should be addressed through appropriate judicial safeguards and case-specific examination.

It should not result in the denial of protection to genuine victims.

The Supreme Court has repeatedly cautioned that allegations of misuse should not be used as a basis for invalidating or defeating legitimate legal protection. 61

7.8 Equality Should Not Require the Removal of Women’s Protection

The preferable approach is to retain effective protection for women while developing suitable remedies for other genuine victims.

8. Suggestions for Legal Reform

The existing framework demonstrates the continuing importance of the PWDVA while also highlighting the need to consider remedies for other victims.

8.1 Introduction of a Gender-Neutral Civil Protection Law

Parliament could consider introducing a separate gender-neutral domestic violence protection framework covering victims irrespective of gender.

Such legislation could include:

• A gender-neutral definition of an aggrieved person;
• Recognition of physical, sexual, emotional, verbal and economic abuse;
• Protection orders;
• Residence-related relief;
• Monetary relief;
• Appropriate custody-related orders;
• Compensation;
• Interim and urgent protection; and
• A simplified procedure before the appropriate court or Magistrate.

Such a framework could operate alongside the PWDVA rather than replacing it.

This would allow the State to retain special protection for women under Article 15(3) while ensuring that other genuine victims are not left without appropriate civil remedies.

8.2 Strengthening Existing Remedies

Until a separate framework is considered, existing legal remedies can be strengthened.

Police response: Police authorities should respond appropriately to complaints made by male victims where the facts disclose a cognisable offence under applicable law. 58

Civil protection: Victims who do not fall within the PWDVA should have accessible mechanisms for seeking urgent civil protection where appropriate.

Legal aid: Legal Services Authorities can ensure that eligible victims, irrespective of gender, are informed about available legal remedies and legal aid. 63 The Legal Services Authorities Act, 1987 provides the statutory framework for legal services to eligible persons. 62

8.3 Judicial Safeguards

Courts can maintain a balance between effective protection and procedural fairness.

Cases should be examined on their individual facts.

Genuine allegations should receive appropriate protection, while deliberately false or malicious proceedings can be dealt with according to law.

The focus should be on preventing misuse without undermining the purpose of protective legislation.

8.4 Awareness and Training

Awareness and training should be strengthened for:

• Police officers;
• Protection officers;
• Lawyers;
• Judicial officers; and
• Legal aid authorities.

Such training should make clear that although the PWDVA is women-specific, domestic abuse as a social problem can affect people of different ages and genders.

Law schools may also encourage discussion of both the strengths of the PWDVA and the possible gaps in protection for other victims.

11. Conclusion

Domestic violence is a serious social and legal problem that can affect women as well as other members of a family.

The Protection of Women from Domestic Violence Act, 2005 is an important piece of protective legislation designed to address the particular vulnerabilities faced by women in domestic relationships.

The Act is clearly women-oriented. 65 Section 2(a) defines an “aggrieved person” as a woman, and the Act provides a comprehensive range of remedies including protection, residence, monetary relief, custody and compensation.

The women-specific nature of the Act does not automatically violate Article 14.

The Constitution permits reasonable classification, and Article 15(3) expressly allows the State to make special provisions for women and children. 66 The legislative purpose and statutory scheme of the PWDVA provide the context in which its women-specific character must be assessed. 64 At the same time, the present framework leaves a significant policy question concerning other genuine victims. protection available to women.

Male victims may rely on general criminal, civil or family-law remedies, but they do not ordinarily receive the same integrated set of remedies available under the PWDVA.

The decision in Hiral P. Harsora is particularly important because it removed the words “adult male” from Section 2(q), thereby expanding the possible respondent side of the Act. 67 However, it did not make the victim side of the statute gender-neutral.

The better approach is therefore not to weaken or remove the protection available to women.

Instead, India can consider developing additional gender-neutral remedies for other genuine victims.

Such reforms would allow the legal system to pursue two objectives simultaneously: special protection for women where constitutionally and socially justified, and meaningful access to justice for every genuine victim of domestic violence.

The broader goal should therefore be “protection plus equality.

8. Suggestions for Legal Reform

The existing framework demonstrates the continuing importance of the PWDVA while also highlighting the need to consider remedies for other victims.

8.1 Introduction of a Gender-Neutral Civil Protection Law

Parliament could consider introducing a separate gender-neutral domestic violence protection framework covering victims irrespective of gender.

Such legislation could include:

• A gender-neutral definition of an aggrieved person.
• Recognition of physical, sexual, emotional, verbal and economic abuse.
• Protection orders.
• Residence-related relief.
• Monetary relief.
• Appropriate custody-related orders.
• Compensation.
• Interim and urgent protection.
• A simplified procedure before the appropriate court or Magistrate.

Such a framework could operate alongside the PWDVA rather than replacing it.

This would allow the State to retain special protection for women under Article 15(3) while ensuring that other genuine victims are not left without appropriate civil remedies.

8.2 Strengthening Existing Remedies

Until a separate framework is considered, existing legal remedies can be strengthened.

Police Response

Police authorities should respond appropriately to complaints made by male victims where the facts disclose a cognisable offence under applicable law. ⁵⁸

Civil Protection

Victims who do not fall within the PWDVA should have accessible mechanisms for seeking urgent civil protection where appropriate.

Legal Aid

Legal Services Authorities can ensure that eligible victims, irrespective of gender, are informed about available legal remedies and legal aid. ⁶³ The Legal Services Authorities Act, 1987 provides the statutory framework for legal services to eligible persons. ⁶²

8.3 Judicial Safeguards

Courts can maintain a balance between effective protection and procedural fairness.

Cases should be examined on their individual facts.

Genuine allegations should receive appropriate protection, while deliberately false or malicious proceedings can be dealt with according to law.

The focus should be on preventing misuse without undermining the purpose of protective legislation.

8.4 Awareness and Training

Awareness and training should be strengthened for:

• Police officers.
• Protection officers.
• Lawyers.
• Judicial officers.
• Legal aid authorities.

Such training should make clear that although the PWDVA is women-specific, domestic abuse as a social problem can affect people of different ages and genders.

Law schools may also encourage discussion of both the strengths of the PWDVA and the possible gaps in protection for other victims.

11. Conclusion

Domestic violence is a serious social and legal problem that can affect women as well as other members of a family.

The Protection of Women from Domestic Violence Act, 2005 is an important piece of protective legislation designed to address the particular vulnerabilities faced by women in domestic relationships.

The Act is clearly women-oriented. ⁶⁵ Section 2(a) defines an “aggrieved person” as a woman, and the Act provides a comprehensive range of remedies including protection, residence, monetary relief, custody and compensation.

The women-specific nature of the Act does not automatically violate Article 14.

The Constitution permits reasonable classification, and Article 15(3) expressly allows the State to make special provisions for women and children. ⁶⁶ The legislative purpose and statutory scheme of the PWDVA provide the context in which its women-specific character must be assessed. ⁶⁴ At the same time, the present framework leaves a significant policy question concerning other genuine victims. protection available to women.

Instead, India can consider developing additional gender-neutral remedies for other genuine victims.

Such reforms would allow the legal system to pursue two objectives simultaneously: special protection for women where constitutionally and socially justified, and meaningful access to justice for every genuine victim of domestic

Male victims may rely on general criminal, civil or family-law remedies, but they do not ordinarily receive the same integrated set of remedies available under the PWDVA.

The decision in Hiral P. Harsora is particularly important because it removed the words “adult male” from Section 2(q), thereby expanding the possible respondent side of the Act. ⁶⁷ However, it did not make the victim side of the statute gender-neutral.

The better approach is therefore not to weaken or remove the protection available to women.

Instead, India can consider developing additional gender-neutral remedies for other genuine victims.

Such reforms would allow the legal system to pursue two objectives simultaneously: special protection for women where constitutionally and socially justified, and meaningful access to justice for every genuine victim of domestic violence.

The broader goal should therefore be “protection plus equality.

End-Notes:

1. Protection of Women from Domestic Violence Act, 2005, § 3.
2. Protection of Women from Domestic Violence Act, 2005, Gazette of India, Extraordinary, Part II, § 1, Act No. 43 of 2005; see also § 1(3), providing that the Act shall come into force on such date as the Central Government may notify. The Act was brought into force on 26 October 2006 by S.O. 1776(E), dated 17 October 2006.
3. Constitution of India, arts. 14 and 15(3).
4. Protection of Women from Domestic Violence Act, 2005, § 2(a).
5. Constitution of India, art. 15(3). To examine whether the distinction between women victims and other victims can be constitutionally justified through the doctrine of reasonable classification.
6. Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165.
7. Protection of Women from Domestic Violence Act, 2005, § 2(a).
8. See generally Bharatiya Nyaya Sanhita, 2023; Bharatiya Nagarik Suraksha Sanhita, 2023; and other applicable civil and family laws, depending upon the facts of the case.
9. Constitution of India, art. 15(3).
10. Constitution of India, art. 16.
11. Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165; Satish Chander Ahuja v. Sneha Ahuja, (2021) 1 SCC 414.
12. Constitution of India, arts. 14, 15(3) and 21.
13. Protection of Women from Domestic Violence Act, 2005, § 3.
14. Protection of Women from Domestic Violence Act, 2005, § 3.
15. Id., § 3(a).
16. Id., § 3(b).
17. Id., § 3(c).
18. Id., § 3(d).
19. Id., § 3.
20. See Statement of Objects and Reasons, Protection of Women from Domestic Violence Bill, 2005.
21. Protection of Women from Domestic Violence Act, 2005, Preamble.
22. Constitution of India, art. 15(3).
23. Constitution of India, art. 14.
24. Constitution of India, art. 14; Budhan Choudhry v. State of Bihar, AIR 1955 SC 191.
25. Budhan Choudhry v. State of Bihar, AIR 1955 SC 191; State of West Bengal v. Anwar Ali Sarkar, AIR 1952 SC 75.
26. Budhan Choudhry v. State of Bihar, AIR 1955 SC 191.
27. Constitution of India, art. 15(3).
28. Constitution of India, art. 15(3).
29. Protection of Women from Domestic Violence Act, 2005, Preamble and Statement of Objects and Reasons.
30. See, e.g., Government of Andhra Pradesh v. P.B. Vijayakumar, (1995) 4 SCC 520.
31. Constitution of India, art. 16(1).
32. Protection of Women from Domestic Violence Act, 2005, § 2(a).
33. Bharatiya Nyaya Sanhita, 2023; Bharatiya Nagarik Suraksha Sanhita, 2023.
34. Id., §§ 12, 17–23.
35. Protection of Women from Domestic Violence Act, 2005, §§ 18–23.
36. Id., § 12.
37. Id., § 17.
38. Id., § 18.
39. Id., § 19.
40. Id., § 20.
41. Id., § 21.
42. Id., §§ 18–22.
43. Id., § 22.
44. Id., § 23.
45. Protection of Women from Domestic Violence Act, 2005, Preamble and §§ 12–23.
46. Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165.
47. Protection of Women from Domestic Violence Act, 2005, § 2(q), prior to the Supreme Court’s decision in Harsora.
48. Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165.
49. Id.
50. Id.; Protection of Women from Domestic Violence Act, 2005, § 2(a).
51. Satish Chander Ahuja v. Sneha Ahuja, (2021) 1 SCC 414.
52. Id.
53. Id., § 2(a).
54. Protection of Women from Domestic Violence Act, 2005, § 2(a).
55. Id., § 3.
56. Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165.
57. Constitution of India, arts. 14 and 15(3); Budhan Choudhry v. State of Bihar, AIR 1955 SC 191.
58. Id., §§ 2(a), 3 and 12.
59. Constitution of India, art. 16.
60. See, in the context of protective criminal-law provisions, Sushil Kumar Sharma v. Union of India, (2005) 6 SCC 281.
61. Id.; Protection of Women from Domestic Violence Act, 2005, § 2(a). Protection relating to cognisable offences and police investigation; applicable substantive offences depend upon the facts and circumstances of each case.
62. Legal Services Authorities Act, 1987.
63. Bharatiya Nagarik Suraksha Sanhita, 2023, concerning information relating to cognisable offences and police investigation; applicable substantive offences depend upon the facts and circumstances of each case.
64. Id., §§ 2(a), 12 and 18–23.
65. Constitution of India, arts. 14 and 15(3).
66. Protection of Women from Domestic Violence Act, 2005, Preamble and Statement of Objects and Reasons.
67. Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165.

Written By: Devendra Singh Chundawat 4th Year BALLB,MLAU,Udaipur

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