Domestic Violence as a Human Rights Violation: A Gendered Analysis of Law and Society in India

Abstract

This paper examines domestic violence in India as a fundamental human rights violation through a gendered lens, highlighting how the public/private divide in law and society perpetuates women’s subordination and state inaction. Although international human rights frameworks such as CEDAW affirm gender equality, their gender-neutral application often excludes abuses within the household from formal protection. Drawing on feminist legal theory and empirical data from the National Family Health Survey (NFHS), the study reveals the widespread prevalence and social acceptance of domestic violence across regions, classes, and communities. It critically analyzes India’s legal responses—including Sections 498-A and 304-B of the Indian Penal Code and the Protection of Women from Domestic Violence Act, 2005—while emphasizing persistent implementation challenges, particularly the lack of recognition of marital rape and weak institutional mechanisms. The paper concludes that addressing domestic violence as a human rights issue requires not only legal reform but also transformative social change, effective enforcement, and greater state accountability to ensure women’s right to live free from violence.