I. Introduction

Domestic violence is a grave violation of human rights that affects individuals across all genders, ages, and socio-economic backgrounds. Traditionally viewed as a women-centric issue, domestic violence laws in India have evolved within a framework that predominantly safeguards women. However, in recent years, the debate has expanded to include the rights of men, LGBTQ+ individuals, and elderly parents, thus raising questions about gender neutrality in protection mechanisms.

II. Definition of Domestic Violence

As per Section 3 of the Protection of Women from Domestic Violence Act, 2005 (PWDVA), domestic violence includes:

• Physical abuse – hitting, slapping, beating, or any form of bodily harm.
• Sexual abuse – coerced sexual conduct or acts that violate dignity.
• Verbal and emotional abuse – humiliation, insults, name-calling.
• Economic abuse – denial of financial resources or controlling access to property.

The Act defines “domestic violence” broadly, encompassing mental, emotional, verbal, and economic abuse, beyond physical harm.

III. Applicability: Is Domestic Violence Law Gender-Specific?

🧑‍⚖️ Legal Position under PWDVA, 2005

The Protection of Women from Domestic Violence Act, 2005 was enacted specifically to protect women from violence occurring within domestic settings. Key features:

• Only women can be aggrieved persons under the Act.
• The respondent can be any adult male person and his relatives.
• Reliefs include protection orders, residence orders, custody, monetary relief, and compensation.

Hence, the law is not gender-neutral. It does not extend protection to men or same-sex partners.

IV. Can Men Be Victims of Domestic Violence?

Although men are not protected under the PWDVA, they can seek remedies through general criminal laws, civil injunctions, or family law provisions. Examples:

• Filing a police complaint under Section 506 IPC (criminal intimidation), Section 323 IPC (voluntarily causing hurt), etc.
• Seeking civil relief under injunctions or domestic torts.
• Filing for divorce or judicial separation on grounds of cruelty under Section 13 of the Hindu Marriage Act, 1955.

V. Constitutional Perspective

Critics argue that excluding men from protection violates Article 14 (Right to Equality) and Article 21 (Right to Life and Personal Liberty). Some courts have entertained Public Interest Litigations (PILs) challenging the gender-bias of the Act.

VI. Recent Case Laws and Judicial Interpretation

🔹 Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165

• Issue: Constitutional validity of restricting respondents to only “adult male persons”.
• Held: Supreme Court struck down the words “adult male” from Section 2(q), allowing complaints against female relatives as well.
• Impact: Women can now be respondents too, but only women can still be complainants.

🔹 Krishna Bhattacharjee v. Sarathi Choudhury (2016) 2 SCC 705

• Recognized a woman’s right to stridhan even after judicial separation under PWDVA.

🔹 Kishorilal v. State of M.P. (2023 SCC OnLine MP 416)

• A man was falsely implicated by his estranged wife; the High Court emphasized the misuse of domestic violence laws and granted relief.

🔹 Kush Kalra v. Union of India (2023) (Pending in Delhi HC)

• A Public Interest Litigation (PIL) was filed seeking gender-neutral protection under the PWDVA. The court is yet to deliver a final verdict.

🔹 Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) 7 SCC 1

• Though not directly on DV, this case emphasized equality before the law and due process in family litigation.

🔹 Bhawana Pandey v. Sandeep Kumar (2024 SCC OnLine Del 189)

• The Delhi High Court granted residence rights to a woman in her matrimonial home even though she wasn’t legally married, recognizing live-in relationships under the DV Act.

VII. Comparative Perspective: Gender-Neutral Domestic Violence Laws Globally

Country	Gender-Neutral DV Laws?	Notes
India	❌ No	PWDVA protects only women
USA	✅ Yes	Violence Against Women Act protects all genders
UK	✅ Yes	Domestic Abuse Act, 2021 is gender-neutral
Australia	✅ Yes	Family Violence Protection Act applies to all
Canada	✅ Yes	Provincial laws protect all family members

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X. Conclusion

Domestic violence is a pervasive issue that transcends gender boundaries. While Indian law rightly emphasizes the protection of women, it must evolve to accommodate the changing social realities where men and non-binary individuals too face domestic abuse. The future of domestic violence legislation lies in ensuring that justice is accessible to all, without compromising on the core values of equality, dignity, and protection from abuse.