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Implementing The PWDVA, 2005: Human Rights Standards, Systemic Gaps, And Pathways For Reform In India

Domestic violence is not merely a private family matter — it is a profound and systematic violation of fundamental human rights. In India, despite a robust constitutional framework guaranteeing equality, dignity, and life under Articles 14, 15, 19, and 21, millions of women continue to experience violence within the very spaces that should protect them. The enactment of the Protection of Women from Domestic Violence Act, 2005 (PWDVA) was a landmark legislative moment, broadening the definition of domestic violence beyond physical abuse to encompass emotional, economic, and sexual harm. Yet, more than two decades after its enactment, the gap between the law on paper and justice on the ground remains alarmingly wide. This paper examines domestic violence through the lens of human rights law, exploring how international instruments — including CEDAW and the UN Declaration on the Elimination of Violence Against Women — have shaped India's legislative obligations. It traces the judicial evolution of Article 21, evaluates the role of Protection Officers and Magistrate Courts, and argues for a holistic, multi-sectoral response that goes beyond mere legislative existence toward living enforcement