DOMESTIC VIOLENCE AGAINST WOMEN IN INDIA: A CRITICAL ANLYSIS BY - DR. THIPPESWAMY S
DOMESTIC VIOLENCE AGAINST WOMEN IN
INDIA: A CRITICAL ANLYSIS
AUTHORED BY - DR. THIPPESWAMY S
Assistant Professor
Sidhartha law College, Kalaburagi, karantaka State
Abstract:
One of the most frequent,
yet largely unrecognized, forms of violence against women worldwide is domestic
abuse. The issue of
domestic violence is primarily a matter of human rights, encompassing various
aspects such as health, legal, economic, educational, and developmental
concerns. Over the past few decades, there has been a significant rise in
violence against women in India, which has been extensively covered by both
domestic and foreign journalists. In India, domestic violence is
ubiquitous. Domestic violence is any pattern of abusive behavior that
negatively impacts a person in an intimate partner relationship. It also
includes any actions that humiliate, intimidate, coerce, threaten, blame, or
harm a person.
In India, 32% of ever-married women reported having
experienced physical, sexual, or emotional violence by their
husbands in their lifetime. According to NFHS data, 87 per cent of married
women who are victims of marital violence do not seek help. Domestic violence can lead to serious
mental illnesses such as depression and anxiety. It can further be detrimental
psychologically by causing stress and mental health issues. The chapter critically analyzes
the problem of domestic violence against women in India as a violation of their
human rights. It highlights that a majority of domestic violence cases against
women go unrecognized, and there is a lack of proper survey and reporting of
such cases in India.
Keywords: - Domestic
violence, abuse, patriarchy, human right.
I. INTRODUCTION
Domestic violence is a problem that affects the lives of many women both
in the urban and the rural areas. It is also an episode that has been found to
recur throughout the life cycle of women and has extensive repercussions.
According to the most commonly used definitions, it may comprise “physical,
emotional, sexual and economic abuse occurring in an adult relationship between
intimate or formerly intimate partners with a pattern of controlling behaviour
by the abusing partner.1 In
India, women constitute nearly fifty percent of our population and violence
against women is growing as a violation of human rights, which threaten the
very existence of women as an independent entities. The Newspapers and
periodicals of all hues in India often carry reports about violence against
women, which includes the incidents of young brides being burnt for dowry,
women being in abnormal circumstances, rapes on hapless women and molestation
of young girls.2 The most
widespread form of violence against women appears to be the domestic violence,
in the form of harassment, torture, or murder of young married women in their
marital homes by the husband and in-laws. It affects middle class women most,
without being absent in other classes. According to the National Family Health
Survey of India, around 32% of ever-married women in India have experienced
physical, sexual, or emotional violence from their husbands at some point in
their lives, with the most common form being physical violence at 28%, followed
by emotional violence at 14% and sexual violence at 6%.3 The National Crime records Bureau (NCRB) 2022
statistics around 1, 40,019 women faced cruelty by husband or his relatives. In
2021, just 507 instances were registered across India under the Protection of
Women from Domestic Violence Act, 2005, whereas 136,000 complaints were
registered under Indian Penal Code Section 498A (cruelty by husband or his
relatives).4The chapter attempts to explain various forms of domestic violence in
India. It is a severe public problem and violates human rights. The government
has made a lot of efforts to prevent violence against women in India. One of
the most frequent, yet largely unrecognized, forms of violence against women
worldwide is domestic abuse.
II. OBJECTIVES OF THE CHAPTER
1. To examine the effects and various
causes of domestic violence in India.
2. To examine the various laws and
elimination of domestic violence against women in India
III. RESEARCH METHODOLOGY
The present chapter is mainly based on secondary data. The data has been
mainly taken from newspapers, journal books and the National Crime Records
Bureau (NCRB), National Family Health Survey (NFHS), National Commission for
Women (NCW).
IV. DOMESTIC VIOLENCE AGAINST WOMEN IN INDIA
Domestic violence is not limited to India;
it is prevalent in almost all countries globally, particularly in
underdeveloped and disadvantaged nations. Approximately 1.3 million women
endure domestic abuse annually, as reported by the National Coalition against
Domestic abuse. Approximately 85% of those who experience domestic violence are
female. The majority of domestic abuse occurrences are unreported to law
enforcement. Annually, there are around 16,800 homicides or deaths resulting
from physical violence. Around 40 to 45% of families marked by violence also
include occurrences of rape as a manifestation of domestic abuse.5
The latest data released by the National
Crime Records Bureau (NCRB), crime against women rose by 15.3 percent in 2021
from the previous year, with 4, 28,278 cases registered last year following 3,
71,503 cases in 2020.6
It further also stated that the rate of crime against women (number of
incidents per 1 lakh population) increased from 56.5 per cent in 2020 to 64.5
per cent in 2021. A majority of these cases (31.8 per cent) fall in category of
‘Cruelty by husband on his relatives.7’the below table No.1 showing
the various forms of domestic violence in India.
A.
CRUELTY BY
HUSBAND AND HIS RELATIVES TOPS LIST OF CRIMES AGAINST WOMEN IN INDIA % distribution of crime against women with respect the category
Source: MosPI’ Women and men in India 2022, NCRB7
B. STATE WITH THE HIGHEST CASES OF DOMESTIC VIOLENCE
In India, 32% of
ever-married women reported having experienced physical, sexual, or emotional
violence by their husbands in their lifetime. According to
the National Family Health Survey-5 (NFHS-5), 2019-2021, “29.3% of married Indian women
between the ages of 18 and 49 have experienced domestic/sexual violence; 3.1%
of pregnant women aged 18 to 49 have suffered physical violence during their pregnancy.8
Shows table No.2, showing states with domestic violence against women in
India. STATE WITH THE HIGHEST CASES
OF DOMESTIC VIOLENCE (Married women, 18-49, spouse violence)
Sources: National Family Health Survey, & media reports9
V. CAUSES OF FOR DOMESTIC VIOLENCE IN INDIA
Violence
against women is due to a variety of factors, not just one. Women have remained
disproportionately vulnerable to the violence due to a number of
institutionalized, complexes, and interconnected social and cultural variables.
Some of the causes for domestic violence against women in India are:-
i. Gender disparity
ii. Patriarchal attitude
iii. Poverty unemployment, or financial issues
iv. Religious sanctifications show a subdued sort of dominance over
women
v. Drug Addiction
vi. Extra-marital affairs or lack of trust
vii. The desire for a male kid is among the cultural
factors that contribute to domestic violence
viii. Humiliation brought on by challenges at work, other evident
downfalls
ix. Dowry system
x. Low literacy level
xi. Lack of awareness.10
The effects of domestic violence and physical consequences of
violence might include small wounds or life-threatening conditions. The
short-term effects may include bruises, cuts, shattered bones, or wounds to
internal organs and other body components. Without scans, x-rays, or other
tests carried out by a doctor or nurse, it can be difficult or impossible to
see some physical ailments. Long-term verbal abuse may have an impact on
women's and children's moods in their daily activities and may also decrease
productivity.
VI.
LEGAL PROTECTIONS TOWARDS DOMESTIC
VIOLENCE IN
INDIA
1)
Section
313-316 of Indian Penal Code, 1860:- This
section deals with female infanticide. Under these sections of IPC forcing the
wife to terminate her pregnancy will come under domestic violence recognized as
an offence under the IPC.
2)
Section
326B of Indian Penal Code, 1860:- For
attempted acid attacks, the section specifies the penalty. Five years in prison
is the very minimum penalty for such assaults, however it can go up to seven
years.
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 by a husband or his family towards a married woman.
4)
Dowry
Prohibition Act, 1961:- The Dowry
Prohibition Act of 1961 defines dowry and sets strict guidelines for punishing
and preventing violence against women resulting from dowry.
5)
Criminal Law (Amendment) Act, 2013 (Section 354A)
: Amended the IPC to include new offenses
related to sexual
harassment. Relevant in cases of domestic violence.
6)
Juvenile Justice (Care and Protection of Children) Act,
2015 : Protects children’s rights and welfare.
Relevant when children are victims of domestic violence.
7)
National Commission for Women Act, 1990
: Establishes
the National Commission for Women (NCW) to safeguard women’s rights. NCW
plays a role in addressing domestic violence.
8)
Pre-Conception
and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994:- Prenatal sex determination has been outlawed under
this law, which attempts to end female feticide and restore India's falling sex
ratio.
9)
Protection
of Women from Domestic Violence Act, 2005:- The
Domestic Violence Act was passed in 2005 to safeguard women's rights and
dignity and prevent them from falling victim to abuse or various kinds of
domestic violence. According to the Protection of Women from Domestic abuse Act
of 2005, cases of domestic abuse against women must be reported to a protection
officer. The Act was created to provide access to justice for women who might
not necessarily want legal action but still want to maintain the possibility of
reconciliation.
10)
Medical
Termination of Pregnancy Amendment Act, 2021:- By guaranteeing universal access to comprehensive
care, this law also increases access to safe and legal abortion processes.11
VII.
GOVERNMENT INITIATIVES TOWARDS
ELIMINATION OF DOMESTIC VIOLENCE AGAINST WOMEN
A.
National Initiatives
a)
National
Commission for Women: - This statutory body was established
by the government in 1992 with the express purpose of investigating and
monitoring all issues pertaining to the constitutional and legal protections
for women in place of the core constitutional provisions. In 2024, the NCW
received 25,743 complaints, with 24% (6,237) related to domestic violence, the
complaints concerning the “right to live with dignity” and dowry harassment
were also notable. Uttar Pradesh reported the highest number of complaints.
b)
National
Human Rights Commission:- This statutory body was established
in 1993 which is responsible for the protection of human rights in India. In
accordance with section 2(d) of the Protection of Human Rights Act of 1993, this
Act defines human rights as the right to life, liberty, equality, and dignity
of individuals guaranteed by the constitution or embedded in international
covenants and enforceable by Indian courts. As a result, the NHRC can play a
significant role in protecting women who are victims of domestic violence.
c)
Beti Bachao
Beti Padhao Scheme: - In order to address the dropping
child sex ratio and challenges connected to the empowerment of girls and women,
the Beti Bachao Beti Padhao (BBBP) Scheme was introduced in 2015. In order to
safeguard girls and give them equal chances in the public domain, this program
aims to avoid gender-biased sex selective elimination.
d)
Swadhar
Greh Scheme:- The Swadhar Greh Scheme, which
strives to end violence against women, is implemented for women who are the
victims of challenging circumstances and want institutional help for recovery
so they can live their lives with dignity.
e)
One Stop
Centre and Universalization of Women Helplines: - The One
Stop Center and the Universalization of Women Helplines are two Nirbhaya Fund
projects that the Ministry of WCD is currently working on. It strives to offer
assistance to women who have experienced any form of violence and to connect
them with the appropriate agencies, including the police, one-stop centers,
hospitals, legal services.12
B.
Global Initiatives:
a)
Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW): Adopted in 1979 by the UN General
Assembly, CEDAW
works towards eliminating discrimination against women in all areas of life.
b)
UN Declaration on the Elimination of Violence against Women (DEVAW): The 1993 DEVAW was the first international instrument explicitly
addressing violence against women, providing a framework for
national and international action.
c)
Safe Cities and Safe Public Spaces: This initiative is a flagship program by UN Women aimed at preventing and
responding to sexual harassment and other forms of violence against women and
girls (W&G) in public spaces. It works collaboratively with city
governments, local communities, and civil society organisations.
d)
Beijing Platform for Action: The 1995 Beijing Platform for Action identifies specific
actions for governments to take to prevent
and respond to violence against women and girls.13
VIII.
CONCLUSION:
This
chapter finally concludes and finds that there is still accurate data regarding
domestic violence because it is an uncovered form of violence in India. It draws
attention to the numerous physical and emotional ailments that the victim and
other family members, particularly children, experience. These illnesses may
have long-lasting effects or even pass down through generations.
Domestic violence must be addressed for the greater welfare
of society because it has a negative impact not only on the well-being of women
(victims), but also on the entire family. To prevent and reduce domestic
violence, government and non-governmental and inter-governmental organizations
are already working at many levels. The strategies being adopted include: home
visitation, collaborative efforts of domestic violence service providers,
prevention efforts that address violence both in homes and in communities,
school-based programmes, and public education campaigns.
IX. REFERENCES :
1. Pradeep Kumar Panda, Domestic Violence against Women in Kerala,
Discussion Paper No. 86, Kerala Research Programme on Local Level Development,
Centre for Development Studies, Thiruvananthapuram, 2004, P.5.
2. Mangoli,
R.N. and Nandhini G D A Critical Evaluation of Violence against Women in India,
International Journal of
Criminology and Sociological Theory, Vol. 7, No. 2, December 2014,P.1.
3. National Health Family survey, minister of
family and health welfare in India https://www.nfhsiips.in/nfhsuser/index.php.
4. National Crime Records Bureau (NCRB) https://www.ncrb.gov.in/uploads/nationalcrimerecordsbureau/custom/1701607577 Crime inIndia2022
5. Priya Jain,
etal, A Critical Analysis of Domestic Violence against Women in India, Res Militaris social Science Journal,
Vol.13, No.4, Winter-Spring,
2023, p.690
6. National Crime Records Bureau (NCRB),
received data 2021.
9. https://www.drishtiias.com/daily-updates/daily-news-analysis/protection-of-women-from-domestic-violence, 17th April, 2024.
10.
Ibid.
11. Ayush Kuamar S and Manoj
Kumar S Understanding the Issue of Domestic Violence against Women in India: A
Critical Analysis, the International Journal of Advanced Research in
Multidisciplinary Sciences, Vol.6, Special Issue, 02, September, 2023, P.36.
12. Laws /legislation, related domestic
violence against women in India,
13. Government polices
and agencies for Elimination of Domestic Violence against Women in India.
14.
Supra note 9.