The #MeToo movement heralded a very apt public outcry against the issues of ‘domestic violence’. Of the many facets of Feminism , the dismantling of public-private dichotomy is a prominent one. Therefore, when there was a rampant public outcry against an otherwise “private” and very domestic issue, often confined to the four corners of a household, it did signify emancipation of women. Further, when it has included in it’s fold, atrocities against children it has been a force to reckon with in that Courts which often fail to understand and appreciate such elements of violence steeped in patriarchy, the large public sphere is helping guide and generate awareness and in turn change the outlook of people and sensitizing them towards a more balanced and peaceful atmosphere both at home and in the public realm.

According to the Union Health Ministry’s National Family Health Survey (NFHS-4), every third woman in India encounters some sort of domestic abuse from the age of fifteen. It also stated that that 31% of married women have experienced physical, sexual, or emotional torture at the hands of their partners. However, the main concern is that only around 10% of these women reported violence. Clearly, this is a big issue that must be addressed, and women must understand their rights as well as how to defend them. To address such incidents, the Protection of Women from Domestic Violence Act of 2005 was enacted.

But as explained above, judicial bodies, and law enforcement agencies are often represented by Judges who themselves do not have the right perspective of the issue. Moreover, it is more than often trivialized or normalized as something which is a part of being or belonging to a certain gender/calling or choosing. Yes, familial ties and relationships have their complexities but at the same time, when there is a fine line between consent and imposition, of independence, and inter dependence, public officials have not been able to execute themselves appropriately vis-à-vis private lives at stake.