FAMILIES ARE USUALLY the first site where violation of women’s dignity and liberty is normalised. Domestic violence – be it emotional, mental, physical and economic – is the tool deployed in patriarchal households, to maintain gender-based power relations. The Protection of Women from Domestic Violence Act, 2005 (’PWDVA’) marked a watershed moment by recognising the constitutional guarantees of freedom and dignity in the family’s private sphere. It built a robust outside-court support system for survivors. Yet, according to the NHFS-5 data from March 2022, an alarming 44 percent women in Karnataka have experienced domestic violence, a figure higher than the national average.
As the PWDVA completes two decades, the authors critically reflect on their experiences of using the law to support survivors of domestic violence, across institutions entrusted with this responsibility such as police, protection officers, service providers and courts.
Preliminary barriers to accessing the law
Our collective of lawyers supports survivors of domestic violence and other forms of gender-based violence through a combination of research, advocacy and litigation. Our work has revealed that although the PWDVA provides substantial means, we face significant challenges while working with the structures promised by this law.
Firstly, many of our clients are unable to frame their experiences as violence— cultural norms that normalise, even justify, family violence as love and care gaslight survivors and erode their confidence and will to act. Some of our clients are unable to recall specific details such as dates, or even their addresses — which, without proper support, may render their case legally invalid, even though they are survivors of violence.
