G Sai, Krishna Kumar, Vijay Tyagi
"No nation founded upon injustice can stand. From the sand enshrouded Egypt, from the marble wilderness of Athens and crumbling stone of once mighty Rome Comes a wail as it were the cry that nation founded on Injustice can permanently stand." 1 Domestic Violence Act, 2005 is a result of Legislative Dynamism, it is well intended Social Legislation that was introduced when all the other previous Statues failed to desired results as a last resort and to protect the women from Domestic Terrorism.
more » ... erefore, this paper attempts to cover situation of Women Protection laws before the enactment of the Domestic Violence Act. Further, the paper gives a detailed analysis of the various provisions of Domestic Violence Act and deriving its legislative intent. However, let us not forget, 'All power tends to corrupt and absolute power corrupts absolutely' 2 ; therefore, this paper also tries to scrutinize the potential of these provisions to be misused of the Domestic Violence Act. In the case of Loha Vs District Educational Officer J. Vaidhynathan observed that "The notable flaw in this law is that it lends itself to such easy misuse that women will find it hard to resist the temptation to teach a lesson to their male relatives and will file frivolous and false cases." 3 Lastly, the paper delivers certain suggestions that the author feel could be incorporated for a more justifiable environment and to ensure that none of the provisions are misused.