Domestic Violence Legislation In India- An Appraisal

India became independent in 1947 and adopted a Constitution in 1950, which remains in force today.1 Part III of the Constitution protects fundamental rights, including the right to life, which has been interpreted to mean the right to live a life with dignity and free from violence.2 The Constitution also empowers the State to take affirmative measures to protect women under Article 15.3 The Indian Parliament has often invoked Article 15 to pass special legislative or executive measures to protect women, which have generally been upheld by the CourtsIt took India fourteen years after independence to pass its first law directly relating to violence against women. In 1961, the Dowry Prohibition Act (DPA) came into effect which penalized not only taking but giving of dowry. However, the Act did not effectively curb the practice of dowry.5 The Indian Parliament later passed Dowry Prohibition (Amendment) Acts in 1984 and 1986, but their impact was as negligible as that of the 1961 Act.6