Exploring the Scope of Gender-Neutral Reform in the Protection of Women from Domestic Violence Act, 2005

Author – Sanjana, Student at Symbiosis Law School, Pune

Best Citation – Sanjana, Exploring the Scope of Gender-Neutral Reform In The Protection of Women from Domestic Violence Act, 2005, ILE Journal of Equity and Justice, 1 (1) of 2023, Pg. 11-26, ISBN – 978-81-961791-3-7.

Abstract

The following research paper aims to understand the various nuances of gender-neutral reforms concerning the ‘Protection of Women from Domestic Violence Act, 2005’. The paper begins with a brief regarding the tensions that exist in the area. It then moves forward to elaborating the details of the research. The research paper consists of several chapters which focus on specific areas relevant to the topic.

The first such chapter provides the reader with an understanding of domestic violence and its meaning. The paper then moves to the specific legislation under examination. The author has attempted to provide the reader with a comprehensive yet concise insight into the ‘Protection of Women from Domestic Violence Act, 2005’ (hereinafter referred to as the Act). The following chapter marks a turn towards the gendered discussion on the topic and, it aims to look at those provisions of the Act which signify its gender specificity. It also provides a brief introduction to the concept of gender neutrality.

The research paper then progresses on to the chapter concerning the debate, between those advocating for a gender-neutral reform of the Act and those who warn against it. Herein, the author has attempted to provide a balanced perspective. Following this, a brief chapter on COVID-19 puts forward a summation of the contemporary situation relating to domestic violence in the country. The paper concludes with a look at the responsibilities of those advocating for gender equality whom the author regards as ‘feminists’.

Keywords: Protection of women from domestic violence act 2005, Domestic violence act, Gender and violence, Gender Neutrality, Violence Against Women Act, María da Penha Law.