Human Rights and Domestic Violence Act 2005: A Socio Legal Study

Abstract

International protections of human rights have increased dramatically in the last century,' due in part to the increased recognition that a number of nations share many fundamental legal values and expectations. Human Rights are those rights which every human being possesses by virtue of his birth. They are inherent and inalienable. In a country like India, we come across various instances in which the individual is threatened with the possibility of violation of his human rights in every walk of life. They are based on mankind's demand for a life in which the inherent dignity of human being will receive respect and consideration. The paper proceeds with the exploration of the socio-legal aspects of domestic violence identifying causes and effects accruing from the persistence of gender stereotypes. Domestic Violence Act 2005, provides that any conduct of a relative of the victim which subjects her to habitual assault or makes her life miserable, or injures or harms her or forces her to lead an "immoral life" would constitute domestic violence, domestic violence includes physical, mental, economic and sexual violence. Violence to wives, the central concern here, is found in all societies and across all economic and age groups. For centuries, domestic violence has been perceived as a part of the normative structure in patriarchal societies. In most societies women have been victims of abuse by their spouses and often by members of their family.

Key words:-  domestic violence, legislative framework, legal system, criminal justice, injuries, sexual violence, miserable, victim.