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Domestic violence is a deeply rooted issue in India, affecting individuals across all sections of society. Traditionally seen as a private family matter, it has only recently been recognized as a significant human rights and public health concern. While genuine cases demand urgent attention and protection, the rising concern over false domestic violence allegations presents a parallel challenge. Both realities must be understood within India’s legal, cultural, and social context to ensure justice is served fairly and sensitively.
The primary legislation addressing domestic violence in India is the Protection of Women from Domestic Violence Act, 2005 (PWDVA). This civil law provides protection to women from abuse by husbands or male partners and their families. It defines domestic violence broadly to include:
Due to patriarchal norms, many women in India face domestic violence in silence, fearing social stigma, family pressure, or economic dependence. In rural areas and lower-income households, reporting abuse remains especially difficult due to lack of awareness and access to legal aid.
Victims may experience physical injury, psychological trauma, loss of livelihood, and disruption of their children’s well-being. Domestic violence is also linked to increased rates of suicide and mental illness among women.
In recent years, there has been increasing concern about misuse of protective laws, particularly Section 498A of the Indian Penal Code, which criminalizes cruelty by a husband or his relatives. False cases often stem from:
The Supreme Court and several High Courts in India have acknowledged misuse of Section 498A. In Rajesh Sharma v. State of U.P. (2017), the Supreme Court observed that many complaints under 498A appeared to be filed to settle personal scores, leading to unnecessary harassment of the accused.
The Supreme Court has directed that arrests in 498A cases be made only after proper
scrutiny.
Some High Courts mandate Family Welfare Committees to examine complaints before FIRs are
registered.
Sections like 211 IPC (false charge of offence) and 182 IPC (false information to a public
servant) can be invoked against false complainants
The Law Commission of India has emphasized balancing gender justice with individual rights and suggested measures to prevent abuse without weakening protection for genuine victims.
While women are the primary victims of domestic violence in India, calls for gender-neutral laws are gaining momentum. Men’s rights organizations argue that male victims and elderly parents are also vulnerable to abuse and legal harassment.
Domestic violence is a serious crime that must be addressed with the full force of the law. At the same time, false allegations can lead to miscarriage of justice and undermine the credibility of genuine victims. India must continue to evolve its legal system to ensure that:
A balanced, fair, and evidence-based approach is the need of the hour—one that upholds justice without compromise.