Women are integral to society, contributing significantly to its economic, social, and cultural fabric. They are essential for the continuity and vitality of life on Earth. As mothers, nurturers, and caregivers, and also play a fundamental role in the reproduction and upbringing of future generations. Their contributions to family dynamics, societal well-being are indispensable, shaping the values, behaviours, and aspirations of individuals and societies Still women are neglected and are subjected to discrimination and victimisation at home as well as outside home.

Women irrespective, of their religion, caste, colour have been discriminated, humiliated, tortured through ages. Almost every home in India must be suffering from some kind of domestic violence where women either as a daughter, daughter- in-law, or as a wife are abused physically, mentally, emotionally, verbally economically.Men and women both are equal in human right but, women are discriminated in this male dominating society. As a result most of which women are unable to understand their own right and freedom.Domestic violence is wide spread, deeply ingrained and has serious impacts on women's health and well-being.

Its continued existence is morally indefensible. Women are segregated in this male overwhelming society. As a result the majority of women can't comprehend their own right and opportunity.This paper deals with the real truth behind domestic violence against the women, its different forms, causes and the solution and measures to prevent domestic violence are also discussed in this paper.

Introduction
Majorly in all the cultures, women are seen as special and important. We even worship female gods because they represent qualities like love and strength. But it's sad that, in real life, many women suffer from domestic violence, which means they get hurt by people close to them, like family members or partners.This shows a big contradiction. On one hand, we admire and pray to women in our religions, but on the other hand, some women face violence at home. This isn't right.We need to remember that every woman deserves respect and protection, just like we show in our prayers.

Domestic violence is a distressing reality that occurs when one person in a family or intimate relationship abuses their power to control or harm another person. This issue is closely connected to how women have been treated in society for a long time. In the past, women often didn't have the same rights as men. They were expected to stay at home, take care of the family, and didn't have much say in important matters. \

This unequal treatment of women, called gender inequality, was deeply rooted in society, resulting in women having fewer rights and less autonomy than men. Earlier, India was predominantly a male-dominated society, where women faced systemic discrimination and limited opportunities practices like Sati Pratha, where widows were expected to self-immolate upon their husband's death.

Over time, things started to change, especially when the economy began to grow and develop. But now also some of these practices are followed in some areas of the country.More jobs became available, and women started working outside the home. Industrialisation and advancements in technology created new job opportunities, allowing women to enter the workforce and gain financial independence. This shift gradually challenged traditional gender roles and empowered women to assert themselves in various spheres of life.

However, economic fluctuations have also played a significant role in shaping women's status and experiences of domestic violence. During times of economic hardship, women have often borne the brunt of financial instability, exacerbating power imbalances within households and increasing vulnerability to abuse. Discovering the true story behind domestic violence shows a harsh reality that goes beyond what many people think. Behind closed doors, many suffer from being hurt or mistreated by someone they trust. This problem is more common than we might realise, and it's important to understand why it happens and how it affects everyone involved.

Far too many women suffer in silence, enduring physical, emotional, and psychological abuse at the hands of those closest to them. This pervasive issue demands our attention and understanding to break the cycle of violence and create a world where women are safe and empowered.By learning more about domestic violence, we can start to stop it and make sure everyone feels safe and respected in their homes.

Legal status of women in India

The legal status of women in India has seen significant advancements over the years. In India there are laws that safeguard the rights of women, in aspects such, as family matters, criminal offences, employment conditions and property ownership. Our constitution provides rights to ensure the protection and progress of women.Various laws govern marriage, divorce, and family matters, including provisions to protect women from domestic violence.

Various acts formed by the government for the benefit of women:

1. The Protection of Women from Domestic Violence Act, 2005 - Protection of Women from DVA, 2005 is one of the key Acts and laws for women in India meant for protecting women who are oppressed by domestic violence. The law provides for strict legal actions against husbands that harass, abuse, and maltreat women in their own houses. It strives to provide protection orders, residence orders, as well as monetary relief to secure their safety and general well-being.
2. The Dowry Prohibition Act, 1961 - The main intention of the Act was to stop the menace of dowry in India. It completely prohibits the giving and taking of dowry. It also aims to protect women who want to get married but aren't able to due to frivolous dowry demands from the prospective groom's side.
3. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 - This Act addresses sexual harassment of women at the workplace. It provides a legal framework to curb such harassment and protect women, creating a safe and fair working atmosphere free from sexual harassment. The Act mandates the establishment of internal committees and a POSH policy to address complaints and ensure prompt redressal.
4. The Medical Termination of Pregnancy Act, 1971 - In India, termination of pregnancy is regulated under the Medical Termination of Pregnancy Act, 1971 (MTP Act). Under this Act, a woman is allowed to end her pregnancy within 20 weeks if necessary, for preserving her life, if it poses a risk to her physical or mental well-being, or if the pregnancy resulted from rape.
5. The Maternity Benefit Act, 1961 - It is challenging for working mothers during childbirth and pre-childbirth stages. Hence, the Maternity Benefit Act, 1961 was established. The Act mandates a minimum of 12 weeks of maternity leave for mothers, which was increased to a maximum of 26 weeks in the 2017 Amendment.
6. The Equal Remuneration Act, 1976 - The Equal Remuneration Act, 1976 (ERA) provides a gender non-discriminatory and equality-based framework mandating that men and women be paid equal remuneration for the same or equal work they perform, thus providing equal benefits and economic opportunities.
7. And many more acts - India has a range of provisions and laws for women that safeguard their rights across various aspects of life, such as criminal offenses and family issues. These laws have been instrumental in protecting women from discrimination and violence while fostering gender equality.

Case law:
Lalita Toppo v. the State of Jharkhand, (2018).
Subject- In this case, the Court observed that a live-in partner can seek maintenance under the provisions of Domestic Violence Act, 2005 and revolves around the scope of the partner in a living-together relationship to seek maintenance. The appeal was dismissed, and the appellant was directed to file a complaint with the appropriate body under the Domestic Violence Act.

Brief facts: The issue in this case was whether a partner in a living-together relationship has the right to claim maintenance. Even though only the "lawfully wedded wife" would have the right to claim maintenance under section 125 of the CrPC, the person would be entitled to do so under the Domestic Violence Act, 2005.

The bench noted that the petitioner in this case would have a remedy to seek support under the Domestic Violence Act, notwithstanding the fact that she is not the lawfully wedded wife and thus not entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973. The bench also stated that financial abuse by a partner would be considered domestic violence under the Domestic Violence Act. The victim would be entitled to more remedy under the provisions of the DVC Act, 2005 than under Section 125 of the Code of Criminal Procedure, 1973.

Analysis by the court: According to the Supreme Court, a live-in partner can claim support under the Domestic Violence Act of 2005. In this case, the Appellant was in a live-in relationship from which she had a kid. The couple eventually divorced, and the appellant sought support from her spouse, which the family court granted her Rs.2000 per month for herself and Rs.1000 for the child. The partner made an appeal in the High court, in which the court held the family court's decision to be erroneous and passed judgement in favour of the partner.

Then, the appellant went to the Supreme Court. A live-in partner would be entitled to broader relief than what is envisioned under section 25 of the Code of Criminal Procedure, 1973, according to the three-judge Bench.The petitioner would also be entitled to seek relief under the Protection of Women from Domestic Violence Act, 2005, assuming she is not the legally wedded wife. Domestic violence, according to the requirements of the Domestic Violence Act, also includes economic abuse.

Inder Raj Malik v. Sunita Malik, (1986)
In this case, the High Court of Delhi had an occasion to deal with the issue of whether or not a person can be convicted both under Section 4 of Dowry Prohibition Act as well as under Section 498A, IPC. The Court was of the opinion that a person can be convicted both under Section 4 of the Dowry Prohibition Act, 1956 as well as under Section 498A of IPC, and it will not attract double jeopardy. The Court was of the view that Section 498A, IPC, and Section 4 of Dowry Prohibition Act are both different from each other, because under Section 4 of Dowry Prohibition Act mere demand of dowry is punishable, whereas, in Section 498A, an act of cruelty caused to the newly married woman is punishable. Thus, it can be concluded that a person is liable to be prosecuted under both the provisions of Section 4 of the Dowry Prohibition Act and Section 498A, IPC.

Megha Khandelwal v. Rajat Khandelwal 2019
Overview: Learned trial Court had granted interim maintenance to the petitioner (wife) at Rs.5000/- per month under Section 23 of the Protection of Women from DomesticViolence Act, 2005. To this, the petitioner preferred an appeal and Learned appellate Court after hearing both the parties, the amount was enhanced to Rs.9000/- per month. Rs.6500/- per month for petitioner and Rs.2500/- per month for her minor daughter.

Learned counsel for the petitioner, before the Honourable High Court, contended that the income tax returns of the respondent (husband) of the assessment year 2015-16 & 2016-2017 had not been taken into consideration by the courts while passing the order for maintenance. Section 12 of Protection of Women from Domestic Violence Act, 2005- lays down procedure for application to Magistrate to seek relief under the Act. Section 23 of Protection of Women from Domestic Violence Act, 2005- deals with powers of the trial court to grant interim and ex-parte order in proceedings under the act.

Issues:

• Whether in light of the educational background of the wife and income tax returns of the husband, the interim maintenance awarded and affirmed by subordinate courts be upheld?

Judgement analysis - On perusal of the order of lower appellate Court, the High Court found that the returns had been taken into consideration. The wife-petitioner was well educated. Both the subordinate courts had observed that without the recorded evidence by the parties, the conclusion about their income cannot be drawn. For the necessity to meet out the day-to-day expenses by the wife, the interim maintenance allowance was granted. The Honourable High Court affirmed the order of the subordinate Court and dismissed such petition. The interim maintenance of Rs. 9000 was upheld. The Supreme Court, while dismissing the matter, found it appropriate to enhance the interim maintenance amount to Rs.25,000/- per month to be paid to the Petitioner by the respondent till the final decision of the main proceedings.

Rajesh Kumar and others v. the State of U.P, 2017
Facts - Dowry has been the real menace in Indian society. Rajesh Sharma and Sneha Sharma got married on 28th November 2012 and father of Sneha Sharma gave the appellant dowry to his fullest capacity. But appellants were not happy with the amount of dowry and they started abusing and harassing the complainant. She was daily beaten and exploited by her husband. They demanded from her dowry worth Rs 3,00,000 and a car which could not be arranged by the family. On 10th November, 2013 the plaintiff was dropped off at her matrimonial home by the appellant.

Later, she got pregnant and had undergone immense pain due to which her pregnancy was terminated. The main argument advanced in favour of this appeal is that the tendency to involve all family members in resolving a matrimonial conflict must be curtailed. Allegations against all of the husband's relatives cannot be taken at face value because, in most cases, only the husband or, at best, his parents are accused of demanding dowry or causing maltreatment.

Issues:

1. Throughout history, women have been mistreated and subjugated. At this point, they need to be more empowered in order to achieve social equality and national success.
2. The issue, in this case, was whether the family of the accused should also be detained in the act and how to protect the innocents.
3. The ruling has been challenged on a number of grounds, including that the Supreme Court overstepped its bounds in legislating. As a result, the central question before the Court in the case was whether the Court in Rajesh Sharma could have issued such directives based on the technique of interpretation.

Judgement - The Three-Judge Bench of the Supreme Court headed by Chief Justice Dipak Mishra while holding that Supreme Court's directions pertaining to Family Welfare Committee and its constitution by the District Legal Services Authority and the power conferred on the Committee is impermissible made the following notable observations in the case:

1. That in the instance of Rajesh Sharma, a third agency has been introduced that has nothing to do with the Code, and that aside from that, the Committees have been given the authority to propose a report without which no arrest may be undertaken. The order to settle a dispute after it has been filed is not a legal expression. When a settlement is reached, both parties may submit a petition under Section 482 CrPC, which the High Court may dismiss based on the petition's merits.
2. In support of a fundamental right, the Court has issued instructions in the absence of law in a number of cases, according to the Court. However, because there are statutory rules and decisions in the field, the directions pertaining to the formation of a Committee and the delegation of authority to the said Committee are incorrect.
3. That though adequate conditions must be imposed when an application for bail is considered, the recovery of disputed dowry items may not be a cause for denying an application for bail under Section 498A of the IPC.
4. The Supreme Court has also ordered that each state's Director General of Police ensure that investigating officers in charge of cases involving violations under Section 498A of the IPC receive thorough training in the principles outlined by this Court regarding arrest.
5. Hiralal P. Harsora and Ors v. Kusum Narottamdas Harsora and Ors, (2016)

Facts: In this case, The plaintiffs were Pushpa Narottam Harsora and Kusum Narottam Harsora, a mother-daughter duo. They filed a complaint against Pradeep (son/brother), his wife, and her two sisters, alleging that the four of them subjected them to domestic abuse. The Respondents urged the Metropolitan Magistrate to release Pradeep's wife and two sisters/daughters since, according to Section 2(q), a complaint may only be filed against an "adult male."

The Respondents' application was denied. The Bombay High Court ruled that Section 2(q) of the aforementioned Act should be read in light of the definitions contained in Sections 2(a), 2(f), and 2(s) of the Protection of Women from Domestic Violence Act. Essentially, this assured that a complaint could be lodged against female family members as well as the "adult male member." However, a complaint alleging domestic abuse cannot be brought primarily against the female members of the household. A co-Respondent must be an adult male. As a result, the Court did not read down the term "adult male person." After this the mother and daughter duo filed a writ petition in the Supreme Court.

Issues:

• Whether females can be liable under the Domestic Violence Act, 2005?

Judgement: The Supreme Court struck down adult male from the concept of 'Respondent,' holding that it is not founded on any intelligible differentia having a rational nexus with the purpose sought to be attained. In the same instance, the Supreme Court clarified that women and non-adults are among the people who can seek redress under the DV Act. The word "Respondent" in Section 2(q) or those who can be considered perpetrators of violence against women/against whom remedies under the DV Act are enforceable cannot be limited to the phrase "adult male person" in Section 2(q). As a result, remedies under the DV Act are accessible even against female members and non-adults.

Current Scenario
Domestic abuse is still a major but mostly unreported problem in the world, making it a topic of great relevance today. Domestic violence continues to occur across a range of socioeconomic, ethnic, and demographic groups, despite advancements in legislative protections and awareness-raising, demonstrating the problem's complexity and widespread nature.

• Increased Awareness but Persistent Stigma - Even while media campaigns, social movements, and legislative reforms have raised public awareness of domestic abuse, victims are still stigmatised and afraid to come forward because of this. Because of the shame associated with being a victim, many cases go unreported, allowing the abuse to continue, and survivors frequently fear criticism or retaliation.
   
• The Impact of Socioeconomic Factors - The occurrence of domestic violence is significantly influenced by socioeconomic issues, such as poverty, financial reliance, and illiteracy. Because they feel unable to maintain themselves or their dependents on their own, victims of economic reliance are sometimes forced into violent relationships. A rise in aggressive conduct may also result from household tensions being heightened by the stress of financial difficulties.
   
• Insufficient Enforcement and Legal Protections - Domestic violence is covered by legislation in the majority of nations, however implementation of these laws is frequently uneven. Long wait times, administrative obstacles, and a dearth of protection services can discourage victims from getting assistance. Access to shelters and legal assistance is restricted in some places, particularly in rural or impoverished communities, depriving victims of a secure means of escape. In addition, societal prejudices can occasionally affect court decisions, resulting in inadequate justice.
   
• The Function of Tradition and Culture - In certain cultures, violence is viewed as a way to keep power, and traditional beliefs and social norms support male dominance in the home. Some societies continue to discourage outside assistance because they consider domestic abuse to be a personal affair. This cultural backdrop makes it difficult for survivors to report abuse, often leading to prolonged cycles of violence.
   
• Domestic Violence and COVID-19 - Due to lockdowns that prevented victims from accessing support services and forced them to stay at home with their abusers, the COVID-19 epidemic significantly increased the number of domestic violence cases globally. Since many victims were left alone and lacked safe means of obtaining assistance, the epidemic brought to light the critical need for remote access to support services.
   
• Support Services and Digital Developments - Virtual shelters, emergency applications, and online counselling are just a few of the new ways that technology has made it safer and more discrete for victims of domestic abuse to get help. However, only people with internet connection and digital literacy—which is not universal—can benefit from these improvements.

Conclusion
Domestic abuse is a worldwide issue that impacts people from all walks of life. Victims continue to experience shame, social hurdles, and insufficient support networks despite legislative developments and growing awareness, frequently feeling helpless and alone. More than just legislation is needed to address the full extent of domestic violence; a societal shift toward zero tolerance for abuse is also necessary, as are easily accessible resources for victims and strong support networks.

Significant roles are also played by socioeconomic and mental health problems, necessitating all-encompassing remedies that include financial assistance, protection, and counselling.In order to provide victims in remote locations with discreet and prompt assistance, digital platforms and remote resources are crucial. To truly end domestic violence, society must recognise it as a collective responsibility, not a private issue, and actively work to create an environment that prioritises safety, empathy, and empowerment for all individuals affected by abuse.

References:

• Laws for Women in India: An Overview, available at: https://www.lexisnexis.in/blogs/laws-for-women-in-india/#:~:text=In India there are laws, protection and progress of women.
• Lalita Toppo v. the State of Jharkhand, (2018) Read more at: https://www.lawyersclubindia.com/judiciary/dv-landmark-judgment-17-under-domestic-violence-act-live-in-partner-is-entitled-to-maintenance-supreme-court-in-lalita-toppo-vs-state-of-jharkhand-5851.asp
• More at: https://indiankanoon.org/doc/322263/
• Megha Khandelwal v. Rajat Khandelwal 2019 Facts of the Case Read more at: https://www.lawyersclubindia.com/judiciary/dv-landmark-judgment-16-educational-qualification-of-wife-not-to-disentitle-her-of-appropriate-maintenance-megha-khandelwal-vs-rajat-khandelwal-5853.asp
• https://teamattorneylex.in/2021/06/24/rajesh-kumar-vs-state-of-up-and-anr/Sharma and Sneha Sharma, abusing and harassing the complainant.
• More at: https://indiankanoon.org/doc/114237665/

Written By: Ashish, BBALLB Student, School Of Law, Manav Rachna University, Faridabad