Reconceptualizing Domestic Violence in India: Economic Abuse and the Need for Broad Statutory Interpretation to Promote Women's Fundamental Rights

Authors

Pami Vyas, Santa Clara University School of Law

Abstract

This Article explores the reconceptualization of domestic violence in India through an analysis of the economic abuse provision of the recently passed Domestic Violence Act. The author argues that although India has taken a significant step towards advancing women's rights by characterizing economic abuse as a form of domestic violence, effective implementation of the law requires a broad interpretation of the economic abuse provision. To be consistent with the purpose of the statute and India's constitutional and international human rights obligations, "economic abuse" must be interpreted broadly to include the deprivation of a woman's control over her economic resources. Economic abuse would therefore include situations in which a woman is deprived the right to employment outside of the home or forced to turn over all of her earnings to her husband or in-laws. This broad interpretation is essential to ensure that women of all socio-economic levels have economic rights consistent with India's legal obligations.

Recommended Citation

Pami Vyas, Reconceptualizing Domestic Violence in India: Economic Abuse and the Need for Broad Statutory Interpretation to Promote Women's Fundamental Rights, 13 Mich. J. Gender & L. 177 (2006).
Available at: https://repository.law.umich.edu/mjgl/vol13/iss1/5