Citation

Karanjawala T, Chugh S. Int. J. Law Policy Family 2009; 23(3): 289-308.

Copyright

(Copyright © 2009, The author(s), Publisher Oxford University Press)

DOI

10.1093/lawfam/ebp006

PMID

unavailable

Abstract

In the post-independence era, the Indian woman has been the subject of numerous laws, the Protection of Women from Domestic Violence Act 2005 being one of the latest and certainly the most controversial addition to the list. While it has been eagerly awaited in certain sections as a step that should significantly strengthen the position of Indian women within the family unit, it has been widely criticized as being ambiguous, discriminatory, and even potentially dangerous. This article seeks to analyse this controversial legislation in the context of its socio-economic background and the legal developments that led to its enactment. Moreover, an attempt has been made to critically examine its provisions, and to highlight its implications, both positive and negative. Further, a comparison has been made between this enactment and other similar legislation in various other countries. Finally, the article seeks to put into perspective the overall impact that this legislation would have on the family unit and the social fabric of India.

Language: en