MAANYA SINGH
JAIPUR NATIONAL UNIVERSITY
DOMESTIC VIOLENCE AND LAW
Abstract
Violence against women is one of the most common and harsh reality of the world. Everyday and almost in every house women are the victim of some kind of violence such as physically, mentally, socially etc. This problem is not new and is coming from a very old time. Most of the women doesn’t even report to police regarding any violence just because of the fear from husband, his family, society and what not. Their are very limited cases where only few women grabs the courage and report it. We all must have seen women becoming the victim of domestic violence and I am sure most of the people kept their mouth shut as they think that this the their family matter and no one should interfere in their matter. Men are considered to be superior, powerful, authoritative and dominating and as a result situation like domestic violence has taken place in society. But with time society is changing and so are the women, as now so many women are coming upfront and reporting the violence which occurred with them to the police. System like Zero F.I.R. has also been introduced which made the reporting of the case much mire convenient and easy.
Keywords
Domestic violence, abuse, male dominance, types of domestic violence, movies related to domestic violence
Introduction
Domestic violence with women is not a new concept and is leading the nation from a prehistoric period. As per the report of National Family Health Survey (NFHS), which was conducted between the year 2019 - 2021 as per that about 29.3 percent of married Indian women between the ages of 18 to 49 have experienced domestic and sexual violence and this is only the data collected on the basis of reported cases and there are so many possibilities that many cases are not even filed by women due to illiteracy, society and family pressure.
According to Aristotle, “The relation of male to female is by nature a relation of superior
to inferior and ruler to ruled”. If we look at Indian context, in the book of Manu, women have been
described as false, insignificant and useless being. Women are not suppose to be given any freedom and the only duty of women is to serve their family and children. These kind of thoughts are feeded in the mind of males and the society that women are inferior and male can do anything which women without her permission or consent. In certain areas where illiteracy can easily be seen in such areas as males treat women as their slave, they beat her like a non living thing and surprisingly women take all these things without any complain. The problem is not with the women the problem is with the society and our mentality. It is also the result of historical unequal power distribution and discrimination among male and female which results as making male dominant over female. From the time of birth of a female she is surrounded with males till her death for instance when a girl takes birth she is under the control of her father and when she gets married she is under the control of her husband and after the death of husband she is controlled by her son and hence her individuality rest in peace. In Indian society a women is meant to carry all the baggage of males and his family without thinking about herself.
And this is the harsh reality that women are being treated so badly in this male- dominant society. A women has been deprived from her freedom, independence, identity and she has been treated like a commodity. Violence which takes place in the four walls of the house and the culprit is no one other than the family member's is called Domestic Violence.
Types of Domestic Violence
Domestic abuse is a significant and difficult public health issue. About one in three women and one in ten males who are at least eighteen years old report having experienced domestic abuse. In the US, domestic violence claims more than 1500 lives per year. Domestic violence has a wide range of harmful behavior which is done by one person against another within a domestic setting. The most common example is marriage or cohabitation. It affects an individual mentally, socially, emotionally and physically. Domestic violence is are of many types and each one has it’s own effect and nature.
1. Physical Abuse
Physical abuse is the most visible form of domestic violence. It involves the use of physical force against another person in such a way that it make the person injured and sometimes the wound is so deep that it appears as a lifetime scar or it can also cause death in certain situation. This can include hitting, slapping, kicking, choking or using weapons to inflict harm. Physical abuse can also be done by taking all the necessary things from a persons life in order to give pain or to cause death such as depriving the victim from food, water or medical care.
2.Psychological Abuse
Psychological abuse is less visible but equally damaging in nature. Psychological abuse is also called as emotional abuse. Generally, the abuser criticize, humiliate, manipulate and give threats to the victim and as a result the victim feels that she has no worth in life and also she looses her mental stability which ultimately harms her mental health. It ultimately makes her unfit to do her daily works properly and to think in a positive way. The abuser may also isolate the victim from friends and family, which makes them feel trapped and powerless. Over time, this type of abuse can lead to severe anxiety, depression and a diminished sense of self.
3. Sexual Abuse
Sexual abuse in domestic violence is the sexual activity which is done by force or without the consent. This includes rape, forced sexual acts or using sex as a means of control and manipulation. Sexual abuse is an action that can degrade or humiliate the victim, such as forcing them to watch porn or making pornographic content or forcefully making them engage in sexual acts against their will. Such kind of trauma sexual abuse leads to a lifelong fear, hesitation and a deep scar.
4. Economic or Financial Abuse
Economic abuse is a tactic used by the abusers to control and dominate the victim by limiting their financial independence. This can be done by stoping the victim from working, controlling their access to money, asking for each and every penny spent or monitoring their spending. By controlling finances the abuser ensures that the victim remains dependent on them which will make it difficult for the victim to leave that abusive relationship.
5. Verbal Abuse
Verbal abuse involves the use of language to demean or control the victim. This can include yelling, name-calling, insults, abusing, dragging each others family and parents into the fight and constant criticism. Verbal abuse is often used to erode the victim's self-esteem and make them feel worthless. Over time, these negative messages leads to deep psychological harm.
6. Digital or Cyber Abuse
With the rise of technology a new form of domestic violence has emerged which is digital or cyber abuse. This involves the use of digital tools such as smartphones, social media, hidden cameras, online bank account etc. to harass, stalk, threat or control the victim. Abuser can monitor victim’s online activities, sending threatening messages, blackmailing the victim, spreading rumors or lies online or posting intimate photos without consent. Digital abuse is becoming more and more dangerous day by day which may cause death or lead to serious mental illness.
7. Stalking
Stalking is a process by which an abuser follow the victim at workplace, home, cafes, shopping malls etc in order to get unwanted attention and harassment that causes fear or concern for safety. In terms of domestic violence stalking can occur during or after a relationship. The abuser constantly contact them through phone calls, messages or social media and many times abusers gives unnecessary threats to the victim which creates a climate of fear and can escalate to physical violence.
8. Cultural and Religious Abuse
Cultural or religious abuse occurs when an abuser manipulate or control the victim by way of cultural trends and religious beliefs. It is done by forcing the victim to strictly follow certain religious practices, manipulating religious doctrines to justify abusive behavior or using cultural norms to coerce the victim into submission. This form of abuse are difficult to recognize as it is covered under the shade of religion and culture.
9. Reproductive Compulsion
Reproductive compulsion is also known as Reproductive coercion. It involves behaviors that interfere with a person’s freedom over their reproductive health. This can include forcing a partner to become pregnant, giving abortion pills or controlling the outcome of a pregnancy. Reproductive coercion is a serious form of which have lasting physical and emotional consequences.
10. Neglect
Neglect is a form of domestic abuse that involves the failure to provide necessary care, attention and support. It means neglecting the partner's basic needs such as food, shelter, medical care or emotional support. Neglect can also be in terms of pre and post delivery of child, which a mother need. Neglect can also occur in intimate partner relationships, leading to severe physical and psychological harm.
11.Gaslighting
Gaslighting occurs when a victim of psychological abuse is made to question their own reality, recollection or judgment. It is a process by which groom and his family try to show dominance upon the bride in order to fulfill their need like asking for money, jewellery, furniture etc. From brides family. They try to harass, burn, cut and torture the bride and many time it ends up by hanging. Gaslighting is considered as a severe form of psychological abuse as it results in victims death, feeling disoriented, isolated and entirely dependent on the abusers.
BOLLYWOOD MOVIES RELATED WITH DOMESTIC VIOLENCE AND LAW
Bollywood has also addressed these severe issues of the society via entertainment platform and showcase how a women is treated in four walls of the house and they feel so helpless due to various reasons and one of the main reason is “What the society think and whether the society will accept her or not.” These movies had opened eyes of several women of the society who are undergoing such issues and gave them a hope and a little strength to fight against the wrong.
1. Thappad (2020)
The movie "Thappad" is directed by Anubhav Sinha, is a powerful film that addresses the normalization of domestic violence in Indian society. The story revolves around Amrita, a woman who decides to leave her husband after he slaps her at a party. This single act of violence becomes a symbol of the larger issues of respect and self-worth in a marriage. The film shows that how society looks at a married women who want to fight for herself and want a simple divorce. This highlights the deep-rooted patriarchal behavior of the society.
2. Provoked (2006)
"Provoked" is directed by Jag Mundhra, is based on the true story of Kiranjit Ahluwalia, who is an Indian woman living in UK who was the victim of domestic violence from a very long time and finally she killed her abusive husband. The film shows her legal battle and what are the difficulties come on the way towards it.The movie also showed the complexities of the legal system in cases of prolonged domestic abuse.
3. Astitva (2000)
This movie is directed by Mahesh Manjrekar, "Astitva" is a film that explores emotional and psychological abuse within a marriage. The film depicts the issues of gender inequality and the emotional turmoil that women often face in patriarchal societies.
4. Damini (1993)
The movie "Damini," is directed by Rajkumar Santoshi It is a classic film that focuses on a woman's fight for justice after witnessing a crime within her household. The movie is not only about domestic violence but it also portrays the legal and societal challenges faced by a women who stand up against powerful forces.
There are many more movies which shows how a women suffer between the 4 walls of a house and how the society treats them when they think to take any legal step to stop it or to fight against the powerful forces and what are the challenges she face during the entire process. Movies such as Matrubhoomi: A Nation Without Women, Daman, Mehndi, Lajja, NH10, Parched etc. are all based on similar context and it is an alarm to the society to wake up against the wrong.
Addressing Domestic Violence
According to the Centers for Disease Control and Prevention, one in four women and one in seven men becomes the victim of severe physical violence by an intimate partner at some point during their lifetime. Sexual violence will affect one in every three women and one is six men some day of their lives. Rates of sexual assault, IPV and stalking are high – as many 10 million people experience intimate partner violence annually. In their lives, 1 in 19 men and 1 in 6 women report having been stalked. Most are pursued by a friend or acquaintance. About 6 out of 10 female victims and 4 out of 10 male victims are stalked by an intimate partner. Every year, at least 5 million domestic violence incidents affect women who are 18 years of age or older, with over 3 million of those incidents involving men. Even though the majority of incidents such as grasping, pushing, slapping and hitting are minor, there are occasionally fatal injuries. An estimated 800,000 male assaults and 1.5 million intimate partner female rapes and physical attacks take place each year.
Roughly one in five women have at some point in their lives been the victim of total or attempted rape. Roughly 1 in 2 males have been raped, either successfully or unsuccessfully. Intimate partner violence has decreased by more than 60%, from over ten victimization per 1000 adults 12 years of age or older to about four cases per 1000.
Domestic violence is a severe issue which requires a mixed approach to address it. Legal protections, support services, change in law, public awareness campaigns and community involvement are important in supporting victims and preventing abuse. It is essential for victims to know that they are not alone in this fight.
Digital and Cyber Abuse
With the increasing use of digital technology and devices, the use of internet has also increased. Now abusers have found several new ways to control and harass the victims such as by threatening, insulting, humiliating, stocking and many more which makes the victim conscious about things.
Stocking and controlling victim’s bank account, digital wallet, live location or tracking each and every expenditure is termed as Digital Financial Abuse.
2. Economic and Financial Abuse
Well economic abuse is not new in the market but only the methods have become more sophisticated with increase in digitization of financial services.
Many elite class plays smart in order to hide their extra income and they invest in Cryptocurrency. Abusers take advantage of this and by stealing details of the account they easily manipulate the cryptocurrency as it is difficult to trace and the process in know as Cryptocurrency Manipulation.
When the abuser try to interfere with victim's employment such as by making them late for their work, preventing them from working or harassing them at their workplace, these all conditions come under Employment Sabotage.
3. Technology-Facilitated Surveillance
Modern technology provides new tools to abusers for monitoring and controlling the victims, often without their knowledge.
Technologies like GPS Tracking which is generally use to monitor the movement of the victim’s, Smart Home Devices are the current need of the generation such as smart doorbells, voice assistance, cameras etc. Which can be misused by the abuser in order to get some profit from the victim.
4. Coercive Control
Coercive control is a behavior which is generally visible in terms of dominance. In coercive Control the abuser try isolate the victim and make them dependent on the abuser, it maybe in terms of physical, emotional and psychological tactics.
Isolation can be done by preventing the victim to meet, call or interact with friends and family. Abuser can also manipulate with technology such as spreading false news about the victim in order to create difficulties in the life of victim or dragging the victim in false case so that the time of victim gets waste and a prolong legal battle gets started.
5. Reproductive Coercion
Reproductive Coercion involves controlling a victim's reproductive rights and choices such as birth Control, forced pregnancy or abortion. Removing contraceptive devices, forcing the victim to abort the child or giving the victim birth control pills without her consent or forcing the victim in any type of sexual activity, these all type of abuse comes under Reproductive coercion.
6.Exploitation of victim during Pandemic and Crisis Situations
The time of COVID-19 pandemic when we all were locked at our home for the sake of our safety, their was an increase in number of cases of domestic violence where abusers were taking advantage of lockdown and they were restricting the victims from accessing healthcare services, including COVID-19 testing or vaccination. Abusers were taking advantage of financial crises and they were harassing the victim for every single penny.
Causes of Domestic Violence
There are several reasons behind the act of Domestic Violence such as -
Poverty
It has been observed many times that couples facing economic insecurities are more stressed and frustrated which many times leads to domestic violence. Moreover, due to lack of money and independent economic resources women are bound to live with violent relationship. Moreover, men consider themselves to be superior and in order to maintain that position they use violence against women so that they can never stood against him.
Illiteracy
People who are not educated or not got that significant level of education mostly indulge in such activities. There was a time when education was not accessible to everyone but now education is for all and it is easy to access. Getting education is a fundamental right and using such fundamental right is a personal decision. Illiteracy makes the mind of a person corrupt and people lost the ability to think in a positive way. They do what they see irrespective of the act being wrong or right.
Dowry System
Their was a time when Dowry system was so much prevalent in India and every person follows this system in India. Basically, satisfying the needs and demands of grooms family by giving them all the items of their choice so that the grooms family accepts the bride with open arms and also the bride doesn't suffer. This Dowry process is not only limited till marriage, even after marriage whenever the groom or his family needs anything they force the bride to ask her parents and fulfill their needs and if the bride or her family denies the women is subjected to be beaten and harassed by the family members and the hence become a victim of domestic violence.
Drug Addiction
Drug addiction is again a very common problem in society and mostly males takes drugs as they find it cool, or they got addicted towards it or maybe the society and the situation has forced him to take drugs. People who are unemployed or who don’t have a fixed source of income are likely to inculcate the habit of taking drugs regularly. Taking drugs needs money and the person who doesn’t have any job how will he arrange, so he choose his wife to ask for money from her parents and if she denies she becomes a victim of domestic violence. Many times males become drunk and beat his wife for no reason.
Extra-marital Affair
Marital conflict caused due to extramarital affair is major cause due to social media and if wife ask for divorce or maintenance from her husband she is subjected to domestic violence. Being unemployed and having no income source, forces a male to have extramarital affair in order to fulfill his all kinds of needs. In some cases in order to get divorce forcefully from wive male become violent and start abusing and beating his wife.
Role of Community and Society in Addressing Domestic Violence
The community and society play a crucial role in addressing domestic violence as their involvement can help in preventing from abuse, support victims and change the cultural norms.
Public Awareness Campaigns
Public awareness campaigns are essential in educating the community about the realities of domestic violence, its signs and its impact on individuals and families suffering from it. These campaigns aim to figure out the real issue, encourage reporting and promote available resources for victims.
Steps like organizing workshops, seminars, webinars, guest lecture at school and colleges regarding the issue of domestic violence, running of legal aid campaign etc. can definitely help in creating awareness about the issue. Media is considered to be the 4th pillar of the society and what could be the best way than a media, to highlight about the issue. Everyone watch television, radio, newspaper and use social media where there is a wide gathering of audience these can include public service announcements, documentaries and interviews with experts and survivors. Our youth is so much active on every social media platform and they follow so many popular influencer’s as they see them as their role model, so it will be easy to make them understand about the issue arising in the society by approaching those influencer’s. As influencer’s exactly know how to engage their audience and how to make them understand things.
Role of Media in Shaping Perceptions
Media is considered to be the 4th pillar of the society and the role of media is very significant as it influence public at large. Media can create awareness about the issues pertaining in the society, media can influence and can give strength to victims to raise voice against the wrong and report the issue fearlessly, media can also show the story of victim who survived and overcome from domestic violence and now they are living a peaceful life, media can uncover the systematic failure in legal system and also figure out the loopholes in the current law, media can inform the public about legal rights, available resources and what further steps can be taken in account.
The case of Domestic Violence is a very sensitive issue in the society and this is one the reason behind why people keep their moth shut during such incidences. By being silent on such a serious issue creates an environment of appreciation as no one wants to talk about it and as a result the victim thinks that they deserve this and a sense of being conscious about things starts taking place in their mind.
Community-Based Interventions
Community-based interventions are crucial in providing local support to victims and by creating a supportive environment for preventing domestic violence. Community center can build their own support group who can provide safety, legal aid to the victim of domestic violence. Also the community can provide a safe house and shelter to immediate refuge for victims, they can also train and provide healthcare experts for the victim who need their help. Community centre can regularly organize workshop programs in order to create awareness about the issue.
Community-based interventions can provide immediate and long-term support for victims, promote healing and prevent future abuse. They also foster a community culture that does not tolerate domestic violence.
Importance of Education and Empowerment
Education is a powerful tool in preventing domestic violence. Education makes an individual so independent in terms of mind that the person has the ability to judge what is wrong and what is right. The seed of learning can be sowed from home and then to school. Kids grab things which they see around them. Topics like healthy relationships, consent, good touch, bad touch, giving respect to all and gender equality in school curriculum should get added in order to give basic education from a young age. Schools must take imitative to teach kids about vocally saying and stopping wrongful acts done by others.
Empowerment Initiatives
Empowerment involves providing victims the tool for getting confidence they need to fight against the wrong and live free from abuse. Empowerment program must include economic opportunity so that victims can stand on their feet and develop certain skills so that they can run a small business and become independent in life. Victims must be given counseling and mental health service in order to get recover from trauma and to start their life freshly. Victims can help many more victim of domestic violence as they know what necessary steps can be taken in such situation and they can become an inspiration for others to fight against the wrong.
Legal protections for domestic violence in India-
1.Section 313-316 of Indian Penal Code, 1860:- This section deals with female infanticide.
Under these sections of IPC if husband force the wife to abort or terminate her pregnancy then it will be considered as domestic violence and is recognized as an offence under the IPC.
2.Section 326B of Indian Penal Code, 1860:- Anyone who attempts to throw acid or does acid attack will be punished with 5 year of imprisonment which can be extended to seven year of imprisonment.
3. Section 498-A of Indian Penal Code, 1860:- In 1983, domestic violence was recognized as a
specific criminal offence by the introduction of section 498-A into the Indian Penal Code. This
section deals with cruelty done by husband and his family towards the married women.
4.Dowry Prohibition Act, 1961:- The Dowry Prohibition Act of 1961 defines dowry and sets
guidelines for punishing and preventing violence against women which results from dowry.
5.Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994:- This regulation, which aims to stop female feticide and restore India's declining sex ratio, forbids prenatal sex determination.
6.Protection of Women from Domestic Violence Act, 2005:- In order to protect women's rights and dignity and shield them from abuse and other forms of domestic violence, the Domestic Violence Act was passed in 2005. As stated in the Defense of Women from Cases of domestic abuse against women are required to be reported to a protection officer under the Domestic Abuse Act of 2005. The Act was designed to give women who may not necessarily want to pursue legal action but nevertheless wish to preserve the possibility of reconciliation access to justice.
7.Medical Termination of Pregnancy Amendment Act, 2021:- This legislation expands access to safe and authorized abortion procedures by ensuring that everyone has access to comprehensive care.
Support System and Services for Domestic Violence Victims in India
Effective support system and services are crucial for helping victims of domestic violence. In order to make them stand and re-built their life a proper established support system is a must. These services provide immediate relief and long-term support to ensure the safety and well-being of survivors.
1.Government Initiatives and Helplines
Centers like One Stop Centre (OSCs) are established by the Ministry of Women and Child Development to provide various services to women who is a victim of domestic violence in order to safeguard their health such as medical aid, police assistance, legal aid, mental counseling and temporary shelter.
Mahila Police Volunteers (MPVs) are setup for reporting the incidents of domestic violence in different localities and they also ensure that the victim must get all the necessary support which is demand of time.
Our government has also set up Nirbhaya Fund in order to enhance the safety and security of women in India such as establishing of helplines, One Stop Centers, 24x7 help and other initiatives to prevent violence against women.
Helplines
Women Helpline (181) is a toll-free number which works 24x7 and it provide support to women in distress. It connects callers to various services, including emergency response, police assistance, legal aid and counseling.
National Emergency Number (112) is a unified emergency helpline number that offers immediate assistance in cases of violence, including domestic violence.
2. Non-Governmental Organizations (NGOs)
NGOs play a vital role in supporting domestic violence victims and they provide a wide range of support and help to the victims. NGOs work at the grassroots level and try to pr5rovide all the necessary help to the victim which can help them in standing up in their life and offer a life-term assistance.
NGOs provide immediate support and intervention in crisis situations, including safe transport, emergency shelter and medical assistance. Many NGOs offer free legal assistance to victims, helping them to navigate the legal system, file complaints and obtain restraining orders. Professional counselors and psychologists help victims deal with the emotional and psychological trauma of abuse. NGOs often run programs to help victims become financially independent, such as vocational training, job placement services and entrepreneurship support. NGOs engage in public education and advocacy to raise awareness about domestic violence, influence policy and promote social change.
3. Counseling and Psychological Support
Counseling plays an important role in helping the victim of domestic violence to cope up from that trauma and to start her life freshly. Society doesn't support the victim and they blame the victim for whatever has done with her and this create a sense of self regret which can also lead to serious mental issue. Mental counselling can save the victim from this, it can also be beneficial for victims family to understand things and support the victim. Victims of domestic violence had suffered a lot in life and as a result after surviving from all those things they are unable to cope up as the scare become so deep and permanent that it cannot get removed completely. These counselling and medical assistance can help only to a certain extend.
4. Legal Aid and Assistance
Most of the victims are either illiterate or they don’t know the laws and procedures and as a result they never try to seek help of court but with the help and assistance of legal practitioners they can file complain regarding the issue under relevant laws such as the PWDVA, IPC Section 498A (cruelty by husband or relatives), and other applicable statutes.
Victims can seek protection orders from court to prevent the abuser from contacting or approaching the victim. Also In cases where victims wants divorce or want to get separated legal aid services provide representation and assistance in negotiating settlements and securing custody of children.
Legal aid services ensure that victims have access to the justice system, regardless of their financial situation, by providing free or low-cost legal representation.
5.Shelters and Safe Houses
Shelter is a safe place which is provided to the victim of domestic violence in order to offer a safe place to the victim and a distance from the abuser. Shelter is a temporary place given to the victim so that she can cope up from the situation and take her next step. Shelter also offer all the basic and necessary aids to the victim like food, healthcare, cloths, hygiene products etc. Shelters also organize a mental health test for all the victims and counselling for the betterment of the victim moreover, they also give education and basic business plans to victim in order to make them stand on their feet and start their own life without any dependence on other. But the major drawback of this shelter home is that the accessibility is quite limited as compared with the problems people of rural area cannot seek such shelter home because of the unavailability at their location.
Government Initiatives towards Reducing Domestic Violence against Women-
1.National Commission for Women: - This statutory body was established in the year 1992 by the government of India in order to investigate monitor all the issues related to the
constitutional and legal protections for women.
2. National Human Rights Commission:- This statutory body was established in 1993 with the objective of protecting and safeguarding human rights in India It has been stated. International treaties to be recognized by Indian courts. Consequently, the NHRC can be of great help to women victims of domestic violence.
3. Beti Bachao Beti Padhao Scheme: - The Beti Bachao Beti Padhao Scheme was launched in 2015 to address the issues of empowerment of women and girls as well as low child sex. With this initiative making the girl child independent and capable to stand in her life was the objective and also to increase literacy rate and promote education.
4. Swadhar Greh Scheme:- In order to bring an end to violence against women, the Swadhar Greh Scheme has been established for women who have been abused under difficult circumstances and need institutional support for their recovery and ability have conducted themselves with dignity.
5. One Stop Center and Universalization of Women Helplines: - Currently WCD Ministry is working on two Nirbhaya Kosh projects, One Stop Center and Universalization of Women Helplines. It works to help women who have been victims of any kind of violence and connects them with appropriate organizations, such as police, hospitals, one-stop centers, legal services and more.
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
An action against any form of domestic abuse and related issues will be implemented to effectively protect women’s constitutionally protected rights. Incidents of domestic violence are frequently reported. But little is seen in the public eye. Currently, cruelty to a woman by her husband or members of her family is illegal under Section 498A of the Indian Penal Code, 1860. In view of this, a remedy under the Constitution has been proposed which is stayed their intellectual property rights guaranteed by the Articles. The purpose of this Act is to provide relief to women from domestic violence and prevents any further incidences of domestic violence.
Any act, omission, order or act of the defendant which causes harm, injury or endangers the life, limb or welfare of the victim whether it is mental or physical and it has the capacity to do so, e.g. verbal, emotional, physical, sexual, and financial abuse or to harass, injure, injure, or endanger him or any other person connected with him in order to comply with or made any unlawful demand for divorce or other property or valuable security no acts of the offense or of any person connected with it have the effect of threatening or otherwise causes physical or psychological injury or harm to the victim.
Salient features
This policy goals to shield women who're or had been in a courting with the abuser in which both events shared a household and are related by means of consanguinity, marriage or a connection comparable to marriage, adoption or other own family relationships.Included are folks that cohabit as a united family. Under the proposed Act, girls who're moms, sisters, widows, single mothers or cohabiting ladies are all eligible to get prison safety.
"Domestic violence" includes verbal, physical, sexual, emotional and economic abuse as well as actual abuse or fear of harm. The idea also included harassing a woman or her family members by seeking a divorce. Some of the most important things of the Act is a woman’s right to safe shelter.
The law protects a woman’s right to live in a married or joint home, regardless of her rights in the home. A court-issued stay order protects this right. This rule of residence is not allowed to be enforced against individual women.
Another source of relief under this Act is that the court can grant protection orders which can
keep the abuser from helping or carrying out any act of physical cruelty and other relevant acts, accessing any place of work or elsewhere the victim goes to, trying to reach the person suffering from domestic violence, sharing property jointly owned by them and assaulting her, her family members and those who assist her in fighting against domestic violence.
The Act provides for appointment of Protection Officers through NGOs to help women in matters
of medical examination, legal aid, secure shelter etc. It also provides for a respondent’s violation of a protection order or temporary protection order as a cognizable and non-bailable offence punishable with imprisonment for a term not exceeding one year or with fine not exceeding twenty thousand rupees or with both. In addition, penalizing the Protection Officer who does not perform his duty as required by law is also meant to be an offence under the Act whereby he shall suffer similar penalty.
Suggestions
Internalization of Legal Norms with Public Consensus Domestic violence is a matter of the family and therefore the participation of close relatives, outsiders and the state is prohibited. A democratic process must have strong public consensus or approval to guarantee that any legislation is effectively implemented.
The Root Cause of Women’s Vulnerability; The problem of domestic violence in India needs to be understood as it really is. Knowing why women become vulnerable and put themselves in places where they can be exploited.
The strong legal mandate prescribed for officers and stake holders; the officers and institution responsible for more effective implementation of Act. Elimination of Gender Discrimination; Patriarchal Society Traditional Relation; Male Dominance.
Change in Attitude Among Males and Females; The fundamental social structure from past ages in India has been based on male dominated society as can be seen from Patriarchal Structure which indicates this. That makes violent attacks a result of unequal power distribution among individuals. Attitudes need to change between men and women too so that there will no longer be victims of violence.
The law should make gender perspective training obligatory, since it is very important in changing the patriarchal mindset of society, police, service providers, medical practitioners, protection officers and especially magistrates who usually encourage women to put up with violence and “stop complaining.”
Counselling by Expertise to the aggrieved person at the pre litigation stage, counseling for her healing her self-esteem and giving emotional support as she makes the decision on whether to file a legal case or not.
Conclusion
The women in India face violence from their homes and the larger society that they are a part of, starting with their pregnancy and continues all throughout their lives as they go through one stage in life to another surviving in this miserable and brutal world. Many women in our country are uneducated, illiterate and unaware of basic provisions of law as well as their rights, therefore most of the times they do not file cases against those individuals who violate their rights or commit crime with them.
Apart from lack of awareness about the law and its guarantees for them but perhaps the most serious issue facing women is that they are ignorant about their rights because of traditional customs. The government has given no recourse to victims seeking legal redress, women have lost faith in a system said to be organized along tradition lines and male domination, with females being treated as second-class citizens. Women in India suffer human abuse on gender grounds. Most of the time she is disregarded or diminished.
The Protection of Women from Domestic Violence Act, 2005 is passed by the Parliament in response to global demands for such legislation and the result of sustained efforts by women’s organizations working for women. The rules gives women rights and security. Treatment previously available to the victim Violators of PWDVA 2005 were under IPC as punishment, which is a civil remedy divorce and alimony would not give her final relief, which was the remedy available which was connected with the marriage arrangement and according to the court cases. These were legal provisions and constitutional provisions for women but these provisions was not much effective and the most important problem with it was that they knew nothing about their rights protected by the Constitution for women. Domestic violence goes further racial, ethnic, religious, class boundaries. | In 2013, according to 2013 Global Review Data 35% of women worldwide have had physical and sexual experiences non-violent or sexual violence. But some national violence studies show Over 70% of women have experienced physical or sexual violence in their lifetime intimate companion. In New Delhi; A 2010 study found that 66 % of women reported two or five sexual assaults in the past year.
Comments