AN EVALUATION OF THE RIGHT TO SPEEDY JUSTICE IN DOMESTIC VIOLENCE CASES AGAINST WOMEN: AN EMPIRICAL STUDY OF BHOPAL DISTRICT COURT

Domestic violence against women continues to constitute a serious social and legal problem in India. Although the Protection of Women from Domestic Violence Act, 2005 (PWDVA) provides a comprehensive framework for protection orders, residence orders, monetary relief, custody orders and compensation, the effectiveness of these remedies depends substantially upon their timely implementation. The constitutional recognition of the right to speedy justice as an integral component of Article 21 assumes particular significance in domestic violence proceedings, where delay may expose women to continuing physical, emotional, psychological and economic hardship.This research evaluates the practical implementation of speedy justice in domestic violence matters before the Bhopal District Court. The study adopts a socio-legal methodology combining doctrinal and empirical approaches. The doctrinal component examines constitutional provisions, the PWDVA, judicial decisions and relevant legal literature. The empirical component is based upon questionnaire responses collected from stakeholders associated with the Bhopal District Court. The empirical tables in the study contain 53 valid responses.The findings reveal a substantial gap between the legal objective of speedy relief and its practical implementation. A majority of respondents considered speedy justice to be only partially implemented. The data further indicate that most domestic violence matters take between one and three years for disposal, while a significant proportion take more than three years. Heavy pendency, non-appearance of parties or witnesses, repeated adjournments, delay in service of notices, ineffective mediation, inadequate judicial infrastructure and delay attributable to advocates emerged as significant causes of delay. The consequences of such delay include financial hardship, mental stress, social stigma, family pressure and loss of faith in the justice system.The study argues that legal protection cannot become meaningful merely through statutory enactment. Effective enforcement requires institutional capacity, strict case management, adequate Protection Officers, accessible legal aid, gender-sensitive judicial administration and appropriate use of technology. The paper concludes with recommendations for strengthening speedy and victim-centred justice in domestic violence cases.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-10-26
DOI
https://doi.org/10.5281/zenodo.23670536
Primary Topic
Intimate Partner and Family Violence
Type
article
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article

AN EVALUATION OF THE RIGHT TO SPEEDY JUSTICE IN DOMESTIC VIOLENCE CASES AGAINST WOMEN: AN EMPIRICAL STUDY OF BHOPAL DISTRICT COURT

Ms. Prabal Sijariya
Zenodo (CERN European Organization for Nuclear Research)
Intimate Partner and Family Violence
article

AN EVALUATION OF THE RIGHT TO SPEEDY JUSTICE IN DOMESTIC VIOLENCE CASES AGAINST WOMEN: AN EMPIRICAL STUDY OF BHOPAL DISTRICT COURT

Ms. Prabal Sijariya
article en

Abstract

Domestic violence against women continues to constitute a serious social and legal problem in India. Although the Protection of Women from Domestic Violence Act, 2005 (PWDVA) provides a comprehensive framework for protection orders, residence orders, monetary relief, custody orders and compensation, the effectiveness of these remedies depends substantially upon their timely implementation. The constitutional recognition of the right to speedy justice as an integral component of Article 21 assumes particular significance in domestic violence proceedings, where delay may expose women to continuing physical, emotional, psychological and economic hardship.This research evaluates the practical implementation of speedy justice in domestic violence matters before the Bhopal District Court. The study adopts a socio-legal methodology combining doctrinal and empirical approaches. The doctrinal component examines constitutional provisions, the PWDVA, judicial decisions and relevant legal literature. The empirical component is based upon questionnaire responses collected from stakeholders associated with the Bhopal District Court. The empirical tables in the study contain 53 valid responses.The findings reveal a substantial gap between the legal objective of speedy relief and its practical implementation. A majority of respondents considered speedy justice to be only partially implemented. The data further indicate that most domestic violence matters take between one and three years for disposal, while a significant proportion take more than three years. Heavy pendency, non-appearance of parties or witnesses, repeated adjournments, delay in service of notices, ineffective mediation, inadequate judicial infrastructure and delay attributable to advocates emerged as significant causes of delay. The consequences of such delay include financial hardship, mental stress, social stigma, family pressure and loss of faith in the justice system.The study argues that legal protection cannot become meaningful merely through statutory enactment. Effective enforcement requires institutional capacity, strict case management, adequate Protection Officers, accessible legal aid, gender-sensitive judicial administration and appropriate use of technology. The paper concludes with recommendations for strengthening speedy and victim-centred justice in domestic violence cases.

Zenodo (CERN European Organization for Nuclear Research)
Openalex Percentile: Top 9%
Intimate Partner and Family Violence
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