DR.

RAM MANOHAR LOHIA NATIONAL LAW

UNIVERSITY,

LUCKNOW

(2024 -2025)

PSYCHOLOGY

PROJECT TOPIC: Legal Implications of Battered Women

Syndrome in Domestic Violence

SUBMITTED TO: SUBMITTED BY:

DR. ISHA YADAV SHAMBHAVI SINGH
ASSISTANT PROFESSOR ENROLLMENT NO-
(PSYCHOLOGY) 230101137
RMLNLU [Link].B.(HONS.)
3RD SEM- SECTION B
 ACKNOWLEDGEMENT

I have put in efforts in this project. However, it would not have been
possible without the kind support of many individuals and mentors. I
would like to extend my sincere gratitude to all of them.

I am highly indebted to Dr. Isha Yadav for her guidance and constant
supervision as well as for providing information regarding the project
and also for their support in completing the project.

I would extend my gratitude to my seniors of my course, who

constantly helped me find the best resources for the research.

I would like to thank my parents, siblings and my fellow batchmates for

their kind cooperation and encouragement that helped me in
completing this project.

Finally, I would like to acknowledge the authorities as well as the

caretakers of the Madhu Limaye library, who provided me with the
means to make this project in the form of computer system, internet
access and access to reference materials required to complete the
project.
 DECLARATION

I hereby declare that the project work entitled Topic- “legal

implications of battered person syndrome in domestic violence”,
submitted to Dr. Ram Manohar Lohia National Law University,
Lucknow is a record of an original work done by me under the
guidance of Dr. Isha Yadav. Ram Manohar Lohia National Law
University and this project work is submitted in the partial fulfilment of
the requirements for the award of the degree [Link].B.(Hons.).
 INTRODUCTION

Over the past decade, there has been a notable shift in addressing
domestic violence, with several legal reforms aimed at supporting
survivors. One such reform is the Protection of Women from
Domestic Violence Act, enacted in 2005, which provides civil remedies
for survivors while also criminalizing domestic violence. Although these
reforms have sparked debates in both social and legal spheres,
significant controversy arose after the Supreme Court’s ruling in
*Arnesh Kumar v State of Bihar*, where it was noted that *Section
498A* has been misused by "disgruntled wives." This judgment,
however, overlooks the broader context of domestic violence,
particularly in societies where women’s subordination is deeply
entrenched, and where many women are socialized to endure abuse in
silence.

Crucial factors such as the history of abuse, patterns of violence, and

the psychological state of a woman are often disregarded in the legal
process, despite their significant influence on the outcomes of criminal
cases. A more nuanced understanding of these elements is vital for
courts when adjudicating such cases. In contrast, countries like
Australia, Canada, New Zealand, the United Kingdom, and the United
States have recognized and legitimized the *Battered Woman
Syndrome* (BWS) in both psychological and legal contexts. This
doctrine is frequently used to defend women survivors of domestic
violence who, because of prolonged abuse, have killed their
oppressors.

In India, the application of the Battered Woman Syndrome has been

largely absent from legal proceedings until recently. The Delhi High
Court, in a landmark case, applied this doctrine to convict a man for
abetting his wife’s suicide, recognizing the impact of prolonged abuse
on the survivor’s mental and emotional state. This work examines the
Battered Woman Syndrome and its potential applicability within the
Indian legal framework, advocating for its broader adoption to address
the complexities of domestic violence cases. The syndrome highlights
the psychological toll of enduring repeated abuse and the ways it can
influence a survivor’s actions, offering a more compassionate and
comprehensive legal approach to such cases.
 BATTERED WOMEN SYNDROME

What is Battered Women Syndrome?

The term *Battered Woman Syndrome* (BWS) was introduced by

feminist psychologist Lenore E. Walker in the 1970s to explain the
psychological condition of women experiencing *intimate partner
violence*. BWS describes a set of behavioral and psychological
reactions displayed by women who endure severe, long-term domestic
abuse. The types of abuse involved include extreme jealousy, intense
verbal harassment, restrictions on freedom, threats of punishment, and
both sexual and physical assault. It is often considered a subset of Post-
Traumatic Stress Disorder (PTSD), drawing parallels to the
psychological effects of battle or torture. Ongoing physical, sexual, or
emotional abuse contributes to the victim's inability to leave the abuser,
further compounded by feelings of shame, diminished self-worth, and
isolation that develop from prolonged exposure to such an
environment. Constant fear also leaves the victim in a state of hyper-
alertness, prepared for potential violence at any moment.

Two fundamental aspects of BWS are *cyclical violence* and

*learned helplessness*, which are key to understanding the condition.
Cyclical violence refers to the repetitive pattern of abuse, occurring in
three phases. In the first stage, known as the *tension-building phase*,
tension escalates gradually through name-calling, psychological abuse,
or physical aggression, with the woman attempting to appease the
abuser. In the second stage, the tension peaks, resulting in a severe
outburst of violence. This stage involves an uncontrollable discharge of
the built-up tension, often accompanied by explosive rage that leads to
an acute incident of battering. The third stage involves the abuser
expressing remorse and promising to change, offering love and
contrition, which convinces the woman to stay in the relationship.
However, the cycle soon repeats, with the frequency and severity of
abuse increasing over time.

The concept of *learned helplessness*, adopted by Walker from

Martin Seligman's psychological research, explains why many battered
women feel unable to leave their abusive partners. This theory
describes a state of paralysis that occurs when continuous abuse makes
the victim feel trapped in the relationship. Despite her efforts to stop
the abuse, the woman's repeated failure to do so leads her to believe
that escaping is impossible. She comes to view the abuser as all-
powerful, which limits her responses to the situation. In this state, her
actions are no longer aimed at escaping the abuse but rather focused on
surviving it. The sense of helplessness leaves her feeling incapable of
breaking free from the abuser's control.

Critiques of Battered Women Syndrome:

Critics of the *Battered Woman Syndrome* (BWS) theory argue that

while its use as a defense in court may help in analyzing individual
cases, it fails to address the broader social issues underlying domestic
violence. Some have also suggested that this theory could reinforce
harmful stereotypes that depict women as overly emotional and
irrational. However, this critique has been challenged by the
observation that many women who kill their abusers show no signs of
Post-Traumatic Stress Disorder (PTSD) once they are able to live free
from the threat of violence.

Another critique centers on the use of the term "learned helplessness,"

which some argue portrays these women as powerless and weak despite
having survived extreme abuse. Lenore Walker, however, clarified that
the concept of learned helplessness is intended to explain how a
person’s ability to react is shaped by the specific circumstances they are
in. It is meant to help jurors better understand why a battered woman
might use deadly force in self-defense against her abuser.

Additionally, some argue that recognizing this defense in law could

encourage women to kill their abusive husbands, but this has been
countered by the view that it is the failure of both the legal and social
systems to protect women from violence that leaves them with no other
choice. Feminist legal scholars argue that women in such situations are
compelled to act out of necessity, and their actions should be seen as a
rational response to their circumstances.

Battered Women Syndrome as a subset of PTSD:

The DSM-IV classifies Battered Woman Syndrome (BWS) as a

subcategory of Post-Traumatic Stress Disorder (PTSD), recognizing it
as a trauma-related condition that some women develop due to
domestic violence. According to Lenore E. Walker1, mental health
professionals can use specific steps to help obtain accurate information
when interviewing a woman who may be a victim of domestic abuse.

Common Symptoms and Behavioural Patterns in Survivors of BWS

• Learned Helplessness: Over time, survivors may develop a belief

that they cannot escape their abusive situation, leading to a sense

of resignation and passivity.
• Cyclical Behaviour Patterns: Many survivors of BWS experience

a cycle of abuse where the tension builds, an abusive incident

occurs, and then the abuser apologizes, promising change. This

1
Walker, L. E. (1991). Post-traumatic stress disorder in women: Diagnosis and treatment of battered
woman syndrome. Psychotherapy: Theory, Research, Practice, Training, 28(1), 21–29.
 creates confusion and attachment, making it harder to leave the
relationship.
• Defensive Behaviour: Survivors may develop coping strategies
like trying to placate their abuser, isolating themselves from
friends or family, or staying silent about the abuse to avoid
conflict.
• Fear of Retaliation: A profound fear of further violence or
retaliation from the abuser can prevent survivors from seeking
help or leaving the relationship.

Battered Woman Syndrome (BWS) and Post-Traumatic Stress

Disorder (PTSD) share several parallels as trauma responses. Both
conditions arise from exposure to severe trauma—BWS from
prolonged domestic violence and PTSD from life-threatening events—
leading to feelings of fear, helplessness, and hypervigilance. Survivors in
both cases may experience flashbacks, intrusive memories, emotional
numbness, and avoidance behaviors, withdrawing from situations that
remind them of the trauma. Feelings of powerlessness, low self-esteem,
and self-blame are common, as is chronic anxiety and depression.
Physical symptoms such as headaches and muscle tension often
manifest due to ongoing stress.

According to Lenore E. Walker, mental health professionals can use

specific steps to help obtain accurate information when interviewing a
woman who may be a victim of domestic abuse.
First, it is crucial to interview the woman without her partner present,
particularly if they are still in a relationship, as this allows for the
creation of a safety plan. Often, the abusive partner may insist on being
present during appointments to control what the woman says, making it
difficult for her to disclose the abuse. Walker also notes that the most
dangerous time for a woman is during discussions of separation from
her partner. Even after leaving, she remains at risk of harm.
Walker emphasizes that individual and group therapy should be the
initial approach. The woman needs to feel validated when describing
her abuse, and mental health workers can achieve this by highlighting
the positive actions she took to protect herself. It is also important to
stress that no one deserves to be abused. Therapy should focus on the
woman’s strengths to help her rebuild trust in herself and others,
empowering her to regain control over her life.
 LEGAL RECOGNITION OF BATTERED WOMEN
SYNDROME

Battered Woman Syndrome (BWS) became a recognized legal

defense when Dr. Lenore Walker began testifying in criminal trials to
support the existence of this psychological condition in defendants who
had been abused. The theory gained importance as it helped explain
the actions of battered women, which were often not easily understood
by juries. Expert testimony was required because the behavior of
women who killed their abusers did not meet the legal criteria for self-
defense, such as proportional use of force, immediate provocation, and
imminent danger.

Traditionally, self-defense and provocation were understood in

contexts like a man shooting his wife’s lover after catching them in the
act, or a man defending himself from an equally strong attacker. The
legal concept of provocation did not account for the possibility of
women losing control and retaliating against their abusers. Courts
generally accepted a male response of rage and violence as a valid
defense, but this did not extend to women who killed their husbands
out of fear. As a result, the legal system had to move beyond the
standard of a "reasonable man" or even a "reasonable woman" to create
a new standard for a "battered woman."

International Legal Perspective:

• UNITED STATES:

The United States was one of the first countries to allow Battered
Woman Syndrome (BWS) testimony in court, not as a standalone legal
defence but to support claims of self-defence. In Ibn-Tamas v. United
States, Dr. Walker's testimony helped meet the immediacy
requirement of self-defence by showing that the defendant's feelings of
imminent danger were consistent with BWS. Similarly, in State v.
Leidholm, the court ruled that expert testimony and the history of
abuse should be considered in assessing guilt. In State v. Wanrow, the
court emphasized that the reasonableness of a person's self-defense
actions should be judged based on their subjective perception of the
threat, considering their specific circumstances. This approach allows
the use of expert testimony on cyclical violence to support self-defense
claims. However, judges have sometimes been hesitant to fully accept
such defenses, fearing it may appear to condone violence against
abusers.

• UNITED KINGDOM

In the United Kingdom, Battered Woman Syndrome

(BWS) jurisprudence took a different path by allowing it as a
partial defense of provocation. A notable case was R v.
Ahluwalia , where the defendant, Kiranjit Ahluwalia, set her
2

abusive husband on fire after enduring ten years of severe abuse.

Initially convicted of murder, her case was later retried, and the
court accepted a plea of manslaughter based on "diminished
responsibility." This case marked a shift by eliminating the
traditional immediacy requirement for provocation and
recognizing the impact of long-term abuse on the defendant’s
mental state.

Previously, under R v. Duffy , English law required a "sudden"

3

loss of self-control to claim provocation, as upheld in R v.

Thornton. The cooling-off period after provocation was viewed
as premeditation. However, Ahluwalia reframed the provocation
standard to include delayed responses from battered women,
recognizing the cumulative effects of sustained abuse.

2
R v. Ahluwalia, (1993) 96 Cr App R 133, 142.

3
R v. DuMy, (1949) 1 All ER 932, 935
• AUSTRALIA

In Australia, the scope of the Battered Woman Syndrome

(BWS) defense has expanded to include sustained provocation. In My
Chhay’s case, the defendant, a Vietnamese national who killed her
4

abusive husband, was acquitted after the court ruled that loss of self-
control could result from prolonged abuse, even without a specific
triggering incident. The court, led by Gleeson C.J., also considered
cultural factors when determining the reasonableness of her actions.

Additionally, Australian courts have allowed BWS to support claims

of duress, as seen in Runjanjic and Kontinnen v. The Queen. Two
women appealed their convictions after being coerced by a man with a
history of violence against them. The court accepted BWS testimony,
allowing the defense of duress based on the women’s subjective
perception of threat and their anticipation of cyclical violence, rather
than focusing solely on the immediacy of the danger.

From the analysis of BWS jurisprudence in the U.S., U.K., and

Australia, several conclusions can be drawn. In many cases, initial
convictions were overturned or sentences reduced after BWS
testimony was admitted. BWS has helped reshape rigid legal standards
by fitting the experiences of battered women into existing exceptions,
or creating new ones, which has implications for how BWS could be
applied in India.

4
R v. Chhay, (1994) 72 A Crim R 1, 2
INDIAN LEGAL PERSPECTIVE:

The Indian legal system, rooted in Victorian colonial ideology, reflects

the wider patriarchal structure of society, despite constitutional
guarantees of equality. It remains gender-biased and reinforces
stereotypes. Although Section 100 of the Indian Penal Code
(IPC) grants the right to self-defense, few women use it, particularly in
cases of domestic abuse, due to cultural, social, and economic
pressures in a hierarchical patriarchal society. Women in South Asia
are often socialized to be submissive, not aggressive. Domestic violence
was only criminalized with the 1983 Criminal Law Amendment, which
added Sec 498A for cruelty against married women and Sec 304B for
dowry deaths. Despite these changes, domestic violence is still often
seen as a lesser crime, with courts and police frequently believing these
laws are misused.

When framing Battered Woman Syndrome (BWS) as a legal defense

in India, it's crucial to consider the social context in which domestic
abuse occurs. Socialization often teaches girls to be submissive, making
it difficult for them to fight back against male abusers, especially
relatives. This mindset often influences judicial assessments of female
defendants' actions.
Under the Indian Penal Code (IPC), two types of exceptions for
murder exist. The first, outlined in Sec 76 to Sec 106, includes general
exceptions like necessity and private defense, which fully exonerate the
defendant. The second type, found in Sec 300, mitigates culpability
from murder to culpable homicide not amounting to
murder under Sec 304, through exceptions like grave and sudden
provocation.
However, Indian law does not explicitly recognize BWS. None of the
existing general or specific exceptions under Sec 300 directly apply to
battered women. There is an argument for amending the statutory
framework to apply BWS under defenses like private defense, grave
and sudden provocation, or necessity. Alternatively, the possibility of
creating a separate BWS exception under Sec 300 is also suggested.

In Arnesh Kumar v State of Bihar, the Supreme Court expressed

concern over the misuse of Section 498A, noting that it had become a
tool for disgruntled wives to harass husbands and their families, often
leading to unjust arrests of relatives, including elderly grandparents or
family members living abroad. To address this, the court issued
guidelines to prevent unnecessary arrests and detentions, which the
Ministry of Home Affairs reinforced to curb misuse of Section 498A.
Despite such claims of misuse, women's rights activists succeeded in
getting the Protection of Women Against Domestic Violence Act
(2005) passed, offering civil remedies for survivors. However, the law
falls short in addressing the deeper issues of oppression in marriage
and family life.

Domestic violence cases in India are often handled with an emphasis

on reconciliation and compromise, rather than addressing the systemic
abuse women endure. The legal system tends to focus on women’s
submissive roles in marriage, ignoring their history of abuse, emotional
suffering, and psychological state in violent relationships. Even in
severe cases, such as dowry deaths or suicides due to cruelty, the
broader social and economic power imbalances within families are
often overlooked.

A significant case involving Battered Woman Syndrome

(BWS) emerged in 2016, when the Delhi High Court ruled on
the State v Hari Prashad case. The court found Hari Prashad guilty of
abetting the suicide of his wife, Pushpa, under Section 306 of the IPC,
after she set herself on fire due to ongoing abuse. While the trial court
had acquitted him of Section 304B (dowry death), the High Court
held that Prashad's continued abuse made him responsible for
Pushpa’s suicide, emphasizing his failure to provide her with a peaceful
matrimonial home. The court noted that Pushpa had endured
significant torture but ultimately succumbed to despair, despite her
efforts to save her marriage. The court acknowledged that while a
victim in Battered Women Syndrome (BWS) cases could theoretically
defend herself through counterattack, in Pushpa's situation, she was
unable to do so due to her biological disadvantage. The legal
framework would not have supported her had she killed her husband;
the defense of sudden and grave provocation relies on an emotional
response like anger, rather than the fear that a victim like Pushpa
experienced. The abuse she endured from Hari Prashad ultimately
compelled her to end the relationship, culminating in her tragic suicide.

In its judgment, the court highlighted Pushpa's psychological suffering,

emphasizing the context of her extreme decision. Although the court
depicted her as a submissive wife who tirelessly fought against her
husband's cruelty, it simultaneously downplayed her agency and
autonomy, suggesting that her eventual act of taking her own life was a
consequence of being deceived. Importantly, the court applied the
doctrine of BWS innovatively, even after Pushpa's death, holding the
accused accountable for abetting her suicide. This approach differs
from Western legal practices, where BWS is often used as a defense;
here, it was utilized to establish the guilt of the husband, tailored to the
specific circumstances of the case.

In India, the socialization of women does not encourage violent

responses to abuse. While domestic violence is prevalent, spousal
killings are rare. Various cultural, social, religious, and structural
influences condition women to silently endure cruelty. Many women
internalize gendered roles that position them as inferior to men,
adopting traits such as submissiveness, passivity, and a tendency to
avoid confrontation. These attributes, along with low expectations and a
willingness to compromise, are ingrained from childhood.

Even women activists may sometimes rationalize the oppressive

culture, overlooking the concepts of individual choice, agency, and
power. The reluctance of Indian women to express anger is often
interpreted as a culturally ingrained response or a survival tactic in a
patriarchal society. While this perspective tends to minimize women's
agency, it highlights that their responses to violence are typically non-
aggressive. Instead, women often seek support from their families or
kinship networks to pressure their husbands to cease the violence. In
some cases, such as Pushpa's, the pressure leads to tragic outcomes,
including suicide.
While the formal recognition of Battered Women Syndrome (BWS)
in the Indian legal system remains a long-term goal, Indian courts are
starting to consider BWS testimony and related psychological concepts
in cases involving battered offenders. The concept of "sustained
provocation" has emerged, not just for battered women but also in
other contexts. For instance, in the case of Poovammal v. State, the
Madras High Court acknowledged that prolonged torment could lead
to an eventual loss of self-control, allowing for the consideration of
mental state over time when determining provocation.

This principle was further reinforced in Rajendran v. Tamil Nadu,

where the court recognized that the most recent actions of a deceased
batterer should not be viewed in isolation but in conjunction with their
history of abuse. This allows for the understanding that a seemingly
non-provocative act could trigger a loss of self-control due to past
violence.

Extraordinary cases have allowed women to claim exceptions, such as

exceeding the right to private defense. One notable case involved a
woman who killed her husband while fearing for her life as he
attempted to force her into prostitution. The court recognized her act
as justified under the second exception of §300 due to a reasonable
apprehension of grievous harm.

The landmark judgment in Manju Lakra v. State of Assam in 2013

marked a significant step, as it extensively dealt with BWS and
acknowledged the history of abuse in considering the defendant's
actions under the provocation exception of §300. Additionally, the
application of BWS has been seen in cases involving women who harm
themselves or others, such as in State v. Hari Prashad, where a
woman’s suicide was attributed to her husband's ongoing cruelty.

The case of Suyambukkani v. State highlighted a long-abused

defendant who was initially convicted for drowning her children. The
Madras High Court set aside her conviction by applying the
Nallathangal’s syndrome—a local adaptation of BWS that considers
prolonged abuse as a factor in legal evaluations. However, the rationale
for this decision was problematic, as it lacked clear statutory support
within §300 of the IPC.

The need for express inclusion of BWS in the Indian Penal Code
(IPC) is evident, as it would provide a legal framework to assist battered
women without contravening existing laws. A general BWS exception
would not only address actions taken against third parties but also
prevent unjust convictions in cases like that of Malliga, where a self-
defense claim was dismissed due to a lack of prior attempts to seek
help.
NALLATHANGAL’S SYNDROME:
Nallathangal's Syndrome is a term that refers to a unique psychological
condition observed primarily among women who experience domestic
violence in some parts of India, particularly Tamil Nadu. Named after
Nallathangal, a woman from Tamil Nadu who killed her abusive
husband in 2017, this syndrome highlights the extreme psychological
effects of prolonged domestic abuse. Women experiencing
Nallathangal's Syndrome may exhibit symptoms similar to Battered
Woman Syndrome, including feelings of helplessness, trauma, and a
sense of entrapment in an abusive relationship. The psychological
distress can lead to irrational behavior, including violent responses to
prolonged abuse. Nallathangal's Syndrome serves as a crucial reminder
of the psychological toll that domestic violence takes on women and
the urgent need for legal, social, and psychological reforms to protect
and support survivors. The condition emphasizes the importance of
understanding the context of women’s actions in the face of extreme
abuse and calls for greater empathy and support from society and legal
systems.

In summary, while there are emerging judicial precedents for

incorporating BWS into the Indian legal framework, reliance on
judicial discretion poses risks for battered women. The formal
inclusion of BWS within the IPC would enhance legal protections and
support for victims.
 LANDMARK CASE OF BWS: R V. AHLUWALIA

Case Summary: R v. Ahluwalia (1992)

Background:
R v. Ahluwalia is a landmark case in the context of Battered Woman
Syndrome (BWS) and self-defense in the United Kingdom. The case
involved a woman named Kiranjit Ahluwalia, who had suffered years of
severe physical and psychological abuse from her husband, a situation
emblematic of the BWS.

Facts of the Case:

- Kiranjit Ahluwalia endured persistent domestic violence, emotional
abuse, and threats from her husband, who was known to have a violent
temper.
- After enduring a particularly brutal episode of abuse, Ahluwalia set
fire to her husband while he was asleep, resulting in his death.
- She was initially convicted of murder but claimed she acted in self-
defense due to the extreme emotional and psychological trauma
inflicted by her husband over the years.

Legal Issues:
- The case raised significant questions about the recognition of BWS
and how it affects the legal understanding of provocation and self-
defense in situations involving prolonged abuse.
- The court needed to consider whether Ahluwalia's actions could be
justified by her experiences as a battered woman and the psychological
impact of sustained violence.

Judgment:
- Ahluwalia's conviction was eventually appealed, leading to a retrial.
- The Court of Appeal recognized that evidence regarding BWS was
relevant in understanding her mental state and the context of her
actions.
- The court ruled that the jury should have been allowed to consider
the impact of the domestic violence she had suffered in evaluating her
claim of provocation.
- The appeal was successful, and she was convicted of manslaughter
instead of murder.

Significance:
- The case was pivotal in establishing legal recognition of BWS in the
UK. It underscored the importance of understanding the psychological
effects of prolonged abuse on victims, particularly in cases of self-
defense or provocation.
- R v. Ahluwalia highlighted the need for the legal system to take into
account the lived experiences of battered women and the psychological
consequences that can lead to extreme actions.
- This case has had lasting implications for future cases involving
battered women and continues to influence how courts interpret the
nuances of self-defense in domestic violence situations.

In summary, R v. Ahluwalia stands as a crucial case in the context of

Battered Woman Syndrome, demonstrating the legal system's evolving
understanding of domestic violence and the psychological trauma it
inflicts on victims.

FEMINIST’S LEGAL PERSPECTIVE ON BWS:

Feminist legal perspectives have increasingly defended Battered

Woman Syndrome (BWS) as a vital framework for understanding the
complexities of domestic violence and the choices women make in
such contexts. Critics often argue that BWS reinforces traditional
gender stereotypes or portrays women as passive victims lacking
agency. However, feminist jurisprudence counters this by emphasizing
that BWS highlights the psychological trauma inflicted by systemic
patriarchal oppression, illustrating how societal failures—such as
inadequate legal protections, cultural stigma, and economic
dependency—shape women’s choices. These factors can limit women's
ability to escape abusive relationships, compelling them to act in ways
that may seem irrational from an outside perspective but are deeply
rooted in their lived experiences of fear and survival. By acknowledging
the interplay between individual agency and societal constraints,
feminist legal theories advocate for a more nuanced understanding of
women's actions, ultimately calling for legal reforms that better protect
and empower battered women.

NESSECITY OF BWS LAWS IN INDIA:

In criminal law, the distinction between complete and partial defenses

is crucial, particularly when considering the application of Battered
Woman Syndrome (BWS). Section 84 of the Indian Penal Code
(IPC), which addresses acts committed by persons of unsound mind,
may cover victims of BWS under certain circumstances. However,
BWS may also be relevant to partial defenses, such as the exceptions to
murder under Section 300 IPC, which can result in a reduction of the
sentence rather than a full acquittal. This indicates that while BWS can
impact the legal outcome, it may not absolve the accused entirely but
rather mitigate the severity of the punishment.

A significant argument for legal reform is the recognition of "sustained

provocation" as a valid defense. This is particularly important for
women in abusive relationships, where provocation is not an isolated
incident but a cumulative experience over time. Current law under
Section 300 IPC requires sudden provocation, but courts, including the
Madras High Court, have acknowledged the concept of sustained
provocation. Codifying this defense through legislative reform would
address the unique circumstances faced by BWS victims and is a timely
suggestion to better reflect the realities of prolonged abuse.

Self-defense traditionally demands an immediate threat, but BWS

victims often act in response to a constant state of fear rather than an
imminent danger. The U.S. case of *State v. Leidholm* and the
principle of subjective self-defense, as seen in *State v. Wanrow*,
demonstrate how courts can adapt self-defense doctrines to account for
the psychological state of BWS victims. These cases emphasize the
importance of considering the mental and emotional condition of
individuals who have endured prolonged trauma when assessing
whether their actions were justified.

Furthermore, there is a growing need for legal reform in India, as the

current provisions of the IPC, rooted in colonial English law, do not
fully accommodate modern understandings of psychological trauma.
While courts, including the Supreme Court of India, have
acknowledged the necessity of adapting laws to contemporary realities
in cases like *Vashram Narshibhai Rajpara v. State of Gujarat* and
*Suyambukkani v. State of Tamil Nadu*, legislative amendments are
still required to provide explicit recognition of defenses such as BWS
and sustained provocation.

The evolution of the legal system is essential to ensure that the rights of
battered women are protected. Justice must account for the physical
and psychological impact of long-term abuse, making it imperative that
both judicial interpretation and legislative reform work in tandem to
reflect these modern psychological and social realities.
 CONCLUSION AND RECOMMENDATION

In Indian society, women have long been expected to endure their

responsibilities in silence, even in the face of abuse. When this silence
breaks due to accumulated trauma, harsh legal punishments
undermine their instinct for self-preservation and erode faith in the
legal system. The law must balance strict rule enforcement with a
humanitarian approach, especially for victims of abuse like Battered
Woman Syndrome (BWS).

The legal framework should shift to a victim-centered perspective,

recognizing the unique circumstances that lead abused women to
retaliate. Reforms are needed to allow defenses like insanity and self-
defense to apply to BWS victims, with adjustments for their
psychological state. Courts and lawmakers must modernize the Indian
Penal Code (IPC), particularly in homicide cases, to recognize
sustained provocation as a valid defense.

Key Recommendations:
1. Courts should adopt a victim-centric approach for BWS cases.
2. Legal defenses like insanity and self-defense should be adapted for
BWS victims.
3. Sustained provocation should be codified as a legal defense.
4. Courts should use compassionate interpretation, considering
psychological trauma.
5. Legal reforms must account for the broader social and cultural
context of domestic violence.
6. Legislative action is needed to update the IPC for modern realities.
7. Societal reforms should address patriarchal norms that perpetuate
abuse.
 BIBLIOGRAPHY

• T1 - Battered Women Syndrome: Applying this Legal Doctrine in

the Indian Context
• Gupta, S. The right to kill: The case of the battered women
• [Link]
[Link]
• [Link]
[Link]
• [Link]
admin/book/book_file/[Link]
• Banerji Rita (2012) Why Kali Won’t Rage: A Critique of Indian
Feminism, Gender Forum (38)
[Link]
rage/?tx_wscontentpagebrowser_pi1%5Bpage%5D=3&cHash=2c7ca
166e07b121955602dbf0545307e
• Gillespie Cynthia K. (1989) Justifiable Homicide: Battered Woman,
Self-Defense and the Law 159