Negative Impacts of the Amendment:

♤ It could encourage husbands to file counter cases against their wives through their mothers or sisters.

♤ Majority of domestic violence cases are filed by women against men. Moreover, cases of domestic violence have increased over the years as per National Crime Records Bureau, 2013 report. Hence, shift in law from gender-specificity to gender- neutrality is considered regressive as it disregards that women are disproportionately impacted by violence.

♤ A gender-neutral law is not conducive when there is power imbalance in the family and women are in a position of disadvantage socially. The amendment is not aligned with Article 15(3) of the Constitution, which provides for special provisions regarding women.

♤ There is danger that the PWDVA could be used against women and minors and not against the real perpetrators of domestic violence.

♤ It may lead to increased burden on judiciary and delay justice delivery, as there could be increase in fake cases.

Principle of equality should be applied contextually when there is gender equality in social and personal aspects. The amendment fails to observe criminal offences of sexual harassment, stalking, voyeurism and rape under the IPC, which are all gender-specific and against men. Focus should lie on proper enforcement of prevalent laws to protect women from violence and dissemination of available legal remedies.