Answer By law4u team
With evolving societal norms and recognition of LGBTQ+ rights in India, questions around the protection of same-sex partners under domestic violence law are increasingly relevant. While the Protection of Women from Domestic Violence Act (DV Act), 2005, is primarily framed for heterosexual relationships, courts have begun interpreting the law in light of constitutional equality and dignity.
Are Same-Sex Partners Covered Under Domestic Violence Law?
1. Gender-Specific Language of the DV Act
The DV Act specifically protects women from abuse by men in domestic relationships.
It defines the aggrieved person as a woman and the respondent as an adult male person, though later amendments and court rulings have broadened interpretation in certain contexts.
2. Legal Protection for Lesbian Relationships
Courts have, in a few cases, extended the DV Act to protect women in lesbian relationships by interpreting the term domestic relationship to include same-sex cohabitation.
This allows a woman to seek protection from another woman partner under the Act if abuse occurs.
3. Current Judicial Position
In Sreeja S v. Commissioner of Police (Kerala HC, 2018) and other cases, courts have acknowledged the existence of same-sex domestic relationships and emphasized their right to live with dignity and seek legal redress.
However, consistent application of the DV Act in same-sex cases remains limited and subject to interpretation.
4. Limitations for Gay Male Couples
The current wording of the DV Act does not provide direct relief to male victims of abuse in same-sex relationships, as the Act is designed to protect women.
Male victims must rely on provisions under the Indian Penal Code (e.g., assault, criminal intimidation) or civil suits.
5. Scope for Future Expansion
After the Navtej Singh Johar v. Union of India (2018) judgment decriminalized homosexuality, there is a growing call for legal reform to include all genders and sexual orientations under protection laws.
Future amendments or judicial interpretations may extend broader protections to LGBTQ+ individuals.
6. Alternative Remedies
Victims in same-sex relationships can also approach courts under constitutional remedies (Article 226) or file police complaints under general criminal laws if the DV Act doesn’t apply.
Example
Two women live together in a consensual relationship. One partner begins to control finances, isolate the other, and engage in verbal and emotional abuse.
Legal Steps:
The aggrieved partner files a complaint under the DV Act in court.
The court examines whether their relationship fits the definition of a domestic relationship under the Act.
Based on evidence and progressive interpretation, the court may grant protection orders, residence relief, or monetary compensation.
If DV Act relief is not granted, the victim may seek help through other legal channels like writ petitions or criminal complaints.
