DOMESTIC VIOLENCE

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INTRODUCTION:

The major concern of domestic violence is arguably one of the largest fitness and development troubles in our country. Understanding the definition of domestic violence will assist us to take extra powerful moves in opposition to many symptoms of abuse. In a few cases, the offender won’t also be conscious that he’s committing domestic violence to the opposite person. Victims, on the other hand, won’t take motion in opposition to the abuser if they’re unaware that the conduct they’re experiencing is home/domestic violence.[1]

 It is likewise essential that the victim’s friends, family and circle of relatives can assist higher once they recognize what home violence seems like. Domestic violence has existed in our society for a very long time, but the lack of proper codified laws never supported the voices of the victims of domestic violence. Therefore, human beings need to recognize the definition of home violence and the numerous bureaucracies it could take. The definition of domestic violence acknowledges that every person may be a victim, no matter socio-financial background, schooling level, race, age, sexual orientation, religion, or gender. Regardless of women or men , every individual faces domestic violence; the only difference is that some of the victims of this abuse come forward to speak and some suffer silently. Domestic violence changed as soon as it was known as violence in opposition to girls.

CAUSES OF DOMESTIC VIOLENCE:

There could be several causes for the occurrence of Domestic violence. Domestic violence in opposition to girls is a result of one or extra of the subsequent motives:

  1. Dowry
  2. Unable to have youngsters
  3. Unable to provide beginning to male youngsters
  4. Behavioural troubles
  5. Patriarch Long-time period society.

Domestic violence is defined as a pattern of coercive and assaultive behaviour which includes physical, sexual, verbal and psychological attacks that an adult-use against their intimate partners. Domestic violence is a universal violent social statement. It includes actual abuse or the threat of abuse which could be even emotional, physical or economic. When we are still a minor, we have been provided with this stereotype that if we are a girl, we have to return home within the provided time and if we are a boy, we have no such meaningless restrictions. Many stereotypes still exist in Indian families, and somehow no matter how modern India becomes in terms of establishing big multinational companies, the concept and the practice of domestic violence still exists in the societies of our country.

It is the utmost requirement to provide proper counselling to break these stereotypes and impart girl child and women with education, enlighten them about self-defence combats and provide them with the knowledge that there are laws to provide them relief, protect them from such harm. An unmarried daughter is better than an unhappy married daughter. Just the way we say that corruption starts from home, similarly these stereotypes begin from none other than our homes themselves.[2]

Dowry is one of the major motives for not unusual place home violence. The Dowry Prohibition Act changed into delivered in 1961. However, because the variety of dowry deaths increased, the regulation has become a paper-Mache tiger. Second, girls can’t supply beginning offspring. Since historical times, the closing pious motive of a lady’s lifestyle has been to create a brand new lifestyle, reproduction. These infertile girls are refrained from through society and are regularly known as cursed. Social strain is increasing, mainly due to mental and emotional abuse. However, in a few cases, the motive of violence may be very unreasonable. B. A male toddler can’t be a father. Indian guys’ obsession with youngsters continues to this day. This is clear from the variety of lady fetuses and lady infanticides. Further, there are troubles with a husband or in-regulation conduct which include short-temper and alcoholism. Finally, and possibly the maximum essential factor is the patriarchal society. The concept of fellows being advanced to girls has existed from time immemorial. This is what we’re nonetheless combating today.            Women had been regularly dealt with as a way of pride for guys and now no longer as people with dignity. The patriarchy is so deep-rooted that regardless of crossing 70 years of Independence, we nonetheless haven`t been capable of satisfying the primary essential rights of girls.

CATEGORIES OF DOMESTIC VIOLENCE:

Domestic Violence exists in several forms. Sometimes there could be possibilities of mental and sometimes the scenario could be of physical abuse. Somehow research was made on the term ‘domestic violence and types of violence were categorised with the impacts of domestic violence on the victim. As obvious from the definition, Domestic violence can take any individual of the subsequent bureaucracy:

  1. Physical abuse: Acts which, with the resource of the usage of its nature, purpose bodily injuries or impairs the health or development of a person portions to physical abuse. It includes acts like punching, hitting, hair-pulling, use of weapons, causing miscarriage without ladies’ consent. Being assaulted for denial to having sex, or be it any personal reason, possibly alcohol consumption or short temper, many women have faced physical abuse and even today we shall find victims of physical abuse in almost 70% of families in our society.
  1. Sexual abuse: Any act of sexual nature which results in humiliation, degradation or violation of the dignity of woman portions to sexual abuse. Consent of a woman is the most required necessity to have sexual intercourse. It has appeared as one of the invisible forms of domestic violence. Usually, it can be withinside the form of marital rape or incest. Marital rape isn’t an offence in India. However, a husband forcing himself upon the partner portions to cruelty and springs beneath the purview of violence closer to ladies. Women do not talk about sexual abuse to anyone; especially married women, there is this stereotype that upon their opening up to someone they trust, there could be reputation damage, or may occur unfavourably circumstance.
  1. Verbal abuse: The concept of verbal abuse includes insults, humiliation, name-calling, which has a relatively higher chance of converting into physical abuse. Abuse not only exists physically or mentally but also verbally. On facing verbal abuse, the aggrieved person suffers mentally and there are possibilities of depression.
  1. Psychological and Emotional Abuse: Acts that leave a deep terrible impact on the victim’s psyche. The existence of emotional abuse and psychological abuse has the equivalent impact on the victims in the same way physical abuse creates. Blackmailing or depriving someone’s emotions, not respecting them or probably providing the silent treatment leads to psychological or emotional abuse.
  1. Economic abuse: consists of exclusion of ladies from all economic decision-making, unequal pay and denial of property rights. As in line with the regulation, it is the deprivation of all or any economic or economic assets to which the aggrieved person is entitled to.

LAWS RELATED TO DOMESTIC VIOLENCE IN INDIA:

The term ‘domestic violence’ didn’t exist in any legal provisions till the year 2005; a step in its direction was taken with the adoption of Section 498A and 304B of The Indian Penal Code. The enactment of 498A made cruelty towards women a non-bailable criminal offence, punishable with up to a minimum of five years of prison.[3] Laws related to Domestic violence in India are:

  1. PROTECTION OF WOMEN AGAINST DOMESTIC VIOLENCE ACT, 2005
  2. Section 498A of THE INDIAN PENAL CODE
  3. DOWRY PROHIBITION ACT,1961

Amendment to the Indian Criminal Code in 1983, a unique segment 498A changed into delivered to the Indian Criminal Code, which makes home violence a crook offence.

 The 2005 Act of The Protection of Women from Domestic Violence especially addresses the pitfalls of real home violence or bodily, internal, emotional, sexual or verbal abuse, and dowry or belongings intrusions. It offers the lady the right to stay in her “marital marriage”, she can’t be expelled from her home due to the fact she legally stocks it together with her husband. Violators of this regulation are both allowed to indemnify girls financially or have obtained an injunction to maintain them far from plaintiffs.

The Indian Criminal Code of 1860, in addition to Section 364 of the Indian Criminal Code on Women’s Modest Wrath, Section 304 and Section 313 of the Indian Criminal Code on Dowry Death, is referred to as the rules and regulations/laws to safeguard women from violence.  There are numerous sections. The preferred concept is that human beings accept as true that girls are the best sufferers of home violence and guys are perpetrators. This is a myth.

  • Need for strict criminal laws to regulate Domestic Violence:

The adoption of Section 498A in the Indian Penal Code, 1983 stated that domestic violence is considered to be a criminal offence. This segment discusses the abuse of a married woman through the manner of a husband or his relatives. There is currently, unfortunately, no single law within the Indian Constitution that could deal strictly with all the unique forms of “domestic violence”. In the region, this form of law is urgently required. Sections 498-A and Domestic Violence Act 2005 were moreover misused because of a constrained definition of marital cruelty.

While there are a few flaws within the Act and there can nonetheless be plenty to be preferred for enforcement, the insurance itself does seem very realistic. Yes, statistics that men often face violence is essential. Yes, the better implementation of the Act is essential. This is attributed to the dowry deaths of women who have been killed because of domestic and sexual abuse. The Act seeks to provide women who’re struggling with domestic abuse with streamlined processes, which has been a big element of success, with the right of entry to civilian and quasi-criminal remedies.[4]

DOMESTIC VIOLENCE AGAINST MEN:

Women are not the handiest victims of domestic violence person men moreover are bothered by it but it becomes difficult to find out that men are victims and now no longer abusers. As our mind is ready that it’s a male dominating society and they may be the abuser, women are the weaker segment of the society and they may be the patient’s handiest.

There are masses of provisions and acts in India which may be made to guard women and now many of the women take advantage of it. Men moreover go through highbrow cruelty similar to physical cruelty but each they may be ashamed to per-cent about the violence they may be coping with or feared that nobody will accept as true with them and as a substitute human beings are going to make fun of them. It isn’t easy for men to be at the front and tell human beings about the violence they may be dealing with because of their respective partners.

India is a patriarchal society and it’s no longer an unusual notion that men are the abuser and they suppress the women to maintain their control over her but it isn’t the handiest truth. If we take a look at the alternative side of the scenario then we are capable of seeing that even men are the victims of violence

Men can be patient, why it’s difficult for us to be given the truth, we continuously talk about equality of rights but are we truly equal, why we are blind at the same time as the hassle entails see that men moreover need help and jail justice. Violence becomes a now no longer unusual place where individuals who very own dominating nature suppress the weaker associate; it could be men or women. It is an immoderate time to prevent gender bias and take a step to stop the violent act regardless of who is the victim. India has the stereotype that violence can occur only with the female gender and not the male gender, men are considered to be muscular and strong and generally have the image of doing domestic violence rather than suffering from violence, we can see there is no provision to prevent or secure the men from domestic violence by their intimate partner. It isn’t that women are safe from the tight hold of domestic violence, even after the establishment of laws to safeguard the safety of women against this violence, many women yet face violence every day and are somehow silenced because of what society would say, but besides this, even the men of our same society choose to keep silence when faced violence by their wives due to the same thinking of what the society would say. We all must know the law protects us and the law sees all of us as unbiased. Due to the lack of provision for men against domestic violence, men choose to suffer in silence.

Conclusion:

Domestic abuse is neither contemporary nor evolving with exchange within the society. The Government of India has taken various crucial steps to face and terminate the problem of Domestic Violence. Section 498A, Section 304B has been inserted into the Indian Penal Code. But the provisions were now no longer sufficient to decrease the menace. The Protection of Women from Domestic Violence Act is a valuable piece of law in its entirety. In the final analysis, its weaknesses now no longer remove the big advantage the Act can supply to women. The protection of women’s rights is a mundane approach. It moreover applies, even though in a restricted sense (male children are exempt from their jurisdiction), to child sex abuse, at a time even as the crime is rife.[5] 

Domestic violence has hindered the development of women as a class of human beings in all additives of lifestyles. Apart from the physical injuries sustained, house violence leaves a huge horrible impact on the psyche and personality. Many survivors undergo a couple of counselling intervals to head again to regular lives. Despite having a crook framework in areas to decrease domestic violence, women continue to suffer. Between January and May 2021, over 3 hundred domestic violence complaints were filed with the National Commission for Women. The figure is a very high-quality estimate of about 2000. The immoderate numbers can be perceived from additives.

Positively, more women are getting a reputation closer to domestic violence through the manner of trying to find crook help. The time phase of the pandemic was quite ironic. It brought some families close to each other, while it also torn some married couples apart leading to painful and unhappy life, the amount of divorce cases files in India post-pandemic were relatively high than that of the pre-pandemic, and the grounds of such divorce were either maintenance or domestic violence, sexual abuse or physical abuse by the husband. However, it is moreover that the crime fee remains immoderate. In a horrible phrase, the immoderate numbers can be signalling a volatile rise in violence considering the pandemic lockdown and work-from-homes nonetheless continuing. In each of the cases, the criminal tips have proved to be inefficient. Therefore, it is the need of the hour to make our criminal tips stringent to guard the nation’s women. Last but most importantly, women want to be sensitized about the importance of financial independence and the crook framework that is available to help them.


[1] Article on Domestic Violence: Author

  1. Martin Tucker
  2. Kevin King
  3. Gray Jordan

[2] “How To Find Domestic Violence Helplines And Counseling In India”

https://www.naaree.com/domestic-violence-helplines-india/amp/

[3] “LAWS AGAINST DOMESTIC VIOLENCE IN INDIA | SoOLEGAL

https://www.soolegal.com/roar/laws-against-domestic-violence-in-india-1

[4] “Domestic Violence and Connected Laws Indian Women Should Know Of” 

https://www.shethepeople.tv/law-and-her/domestic-violence-and-connected-laws-indian-women-should-know-of/amp/

[5]Youtube video on Domestic violence

Author: Shaheen Khatoon, Indian Institute of Legal Studies, N.B.U

Editor: Kanishka VaishSenior Editor, LexLife India

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