Impact of the PWDV Act on Women of Kerala

Abstract

The phenomenon of domestic violence is basically rooted in the socio-cultural fabric of India. Indian society is highly patriarchal. It not only discriminates between a son and a daughter but also the former is highly preferred and the latter unwanted. Gender discrimination culminates into and is manifested in various types of violent practices within the ‘home’. Since ‘family’ and ‘home’ denote ‘private space’ where the area is free from state as well as non-state interventions, domestic violence has largely remained free from legal restraints and remains even unacknowledged as a crime. Even if there were laws, victims were hardly taking recourse to the law as women are socialized right from their childhood in patriarchal values. The domestic violence faced by the daughter, sister, mother, and girlfriends, all of this was absent, and they were denied legal protection. Furthermore, the husband and in-laws' assault had to be shown "beyond a reasonable doubt." Because the crime is done within the four walls of the house, it is incredibly difficult to obtain witnesses to support their evidence. Furthermore, complaints can only be filed after an offense has been committed. But in cases of domestic violence, the woman is living with her assaulter on whom she is emotionally dependent.