Varsha S S·
Women & Child
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The Legal Framework for Domestic Violence in Kerala

About the Author

The author of this article is Adv. Ajmal A. He practices as Advocate at District & Sessions Court, Kollam

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Domestic violence is a pervasive problem in Kerala, affecting individuals from all walks of life. According to the National Crime Records Bureau, Kerala has one of the highest rates of reported domestic violence in the country. The legal framework for domestic violence in Kerala has been developed over the years to provide victims with protection and recourse against their abusers.

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is a landmark legislation that recognizes domestic violence as a human rights violation and provides for a range of civil and criminal remedies to victims. The law defines domestic violence broadly to include physical, sexual, emotional, and economic abuse, and also covers acts of harassment, stalking, and dowry-related violence.

Under the PWDVA, victims can seek a range of reliefs, including protection orders, residence orders, monetary relief, custody orders, and compensation for injuries suffered as a result of domestic violence. The law also provides for the appointment of Protection Officers who can assist victims in accessing these remedies.

In addition to the PWDVA, Kerala has also enacted the Kerala Protection of Women from Domestic Violence Rules, 2006, which provide detailed procedures for the implementation of the law. The rules lay down guidelines for the conduct of proceedings under the PWDVA, including the manner of filing applications, the appointment of Protection Officers, and the conduct of hearings.

Kerala has also taken steps to strengthen its criminal justice response to domestic violence. In 2011, the state government launched a scheme to set up Family Courts in every district, which have exclusive jurisdiction to hear cases under the PWDVA. These courts are staffed by judges who are specially trained to handle cases of domestic violence and are equipped with facilities such as video conferencing to protect victims from further harm.

The Kerala police have also been sensitized to the issue of domestic violence, and special cells have been set up in every police station to deal with complaints of domestic violence. These cells are staffed by trained officers who can provide immediate assistance to victims and also facilitate their access to legal remedies.

Despite these positive developments, however, much remains to be done to effectively address the problem of domestic violence in Kerala. The implementation of the PWDVA remains weak, with many victims still facing significant barriers in accessing the remedies provided by the law. The lack of awareness about the law among both victims and the general public also remains a major challenge.

To address these challenges, it is imperative that the state government take a more proactive approach towards the implementation of the PWDVA. This should include measures such as increasing public awareness about the law, providing adequate training and resources to Protection Officers and other stakeholders, and strengthening the monitoring and evaluation mechanisms to ensure that the law is being effectively implemented.

In conclusion, the legal framework for domestic violence in Kerala has come a long way in recent years, but much remains to be done to ensure that victims of domestic violence are able to access the protection and remedies they need. It is only through concerted efforts by the government, civil society, and other stakeholders that we can hope to effectively address this pervasive problem and create a society that is free from violence and discrimination.

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