Analyzing Domestic Violence Laws for Married Women Under Bhartiya Nyaya Sanhita, 2023: Legal Reforms and Gaps

Abstract

Domestic violence remains a persistent problem in India, despite significant legal reforms. The Bhartiya Nyaya Sanhita (BNS), 2023, aims to address various forms of violence, including domestic abuse, with a renewed focus on the protection of women’s rights. This paper addresses the domestic violence provisions under the BNS and their impact on married women. It analyses the reforms, gaps, and the practical challenges in implementing these laws, focusing on a comprehensive legal, social and policy-based review. The research also evaluates judicial interpretations and compares the BNS with previous law i.e., Indian Penal Code, 1860. It explores whether the BNS introduces substantial reforms in terms of recognition, prosecution, and penalties for domestic violence, and evaluates the effectiveness of these changes in protecting married women from different kinds of abuse. Domestic violence not only involves physical and emotional abuse but also includes economic, sexual and other kinds of abuse which undermines women’s autonomy in decisions regarding finance, education. While global frameworks such as United Nations’ CEDAW and national laws like Protection of Women from Domestic Violence Act (PWDVA), 2005 aims to address these issues, there remain significant gaps in explicitly recognizing and protecting reproductive rights within the context of domestic violence. The study calls for identifying opportunities for improving the protection of married women and a more comprehensive legal approach ensuring better protection and autonomy for women in vulnerable situations. The BNS must be complemented by efforts to address the challenges to truly protect married women from domestic violence.