Mental Health Of Women Survivors Of Domestic Violence In India: Analysing The Interface Between The Mental Healthcare Act, 2017 And The Protection Of Women From Domestic Violence Act, 2005

Abstract

Violence within the home remains one of the most pervasive yet under-acknowledged threats to the mental well-being of women in India. While the Protection of Women from Domestic Violence Act, 2005 ("PWDVA") was enacted to provide a civil remedy against domestic abuse, and the Mental Healthcare Act, 2017 ("MHA") was enacted to secure the right to mental healthcare and to align Indian law with a rights-based, autonomy-respecting model of mental health treatment, the two statutes operate largely in isolation from one another. This paper undertakes a doctrinal examination of the interface between these two legislations, arguing that the psychological injury inflicted by domestic violence is frequently treated as incidental to physical injury, rather than as an actionable harm deserving of structured redressal and treatment support. The paper traces the statutory architecture of both enactments, examines judicial recognition of psychological trauma as a facet of the right to life under Article 21 of the Constitution of India, and identifies specific gaps such as the absence of mandatory psychiatric assessment in domestic violence proceedings, the near total absence of trauma-informed procedure before Protection Officers and Magistrates, and the poor integration of District Mental Health Programme services with domestic violence support services. The paper concludes with concrete recommendations, including amendment of the PWDVA to statutorily recognise a right to psychiatric and psychological support as part of the reliefs available under Section 20, mandatory training of Protection Officers in trauma-informed practice, and the creation of a formal referral pathway between Protection Officers and Mental Health Establishments recognised under the MHA.