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DOMESTIC VIOLENCE AGAINST WOMEN IN INDIA: AN ANALYSIS PERSPECTIVES FROM INDIA (By- Shikha Bhatnagar & Dr. Sarika Tyagi)
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DOMESTIC VIOLENCE AGAINST WOMEN IN
INDIA: AN ANALYSIS
PERSPECTIVES FROM INDIA
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Authored by- Shikha Bhatnagar
Faculty of
Law
Swami Vivekananda Subharti University, Meerut
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Co- Author- Dr. Sarika Tyagi
Associate Professor
Subharti Institute Of Law
Swami Vivekananda Subharti University ,Meerut , U.P.
Abstract:
Domestic violence is a major social
problem which is as old as Human civilisation.
Basically, domestic violence was seen way back to 19th
century. In ancient period patriarchal system was prevalent where male used to
dominate the female and used to suppress her .
women’s position in society and in matrimonial home was so pitiable that
females were meant to be confined under
four walls of house, she was ill-treated , humiliated and since the day she is
born she has to face inequality and she was meant to do all
household chores and was not allowed to go outside of house for earning
and at that time females were also not
given decision making power.
Although our Indian legislature has
made a specific law relating to domestic violence which
is called as protection of women
from domestic violence act,2005 in order to eradicate the offences related to
domestic violence but this act does not seems to be that much fruitful
because each day one out of three women either married or either living in
Live-in relationship are subjected to
cruelty, or become the victim of verbal abuse ,physical assault , sexual harassment
, raped, eve teased, etc.
These are the means which are used by the
Husband or by his other family members or by his close relatives in her own
domestic home and that’s why she does not feel safe in her own house and
becomes a victim .
Furthermore, it has been seen that due to fear
of being neglected or deserted by her husband ,due to some social pressures,
and because of fear of damage to reputation of one’s family most of the time female victim avoid to file
any complaint and doesn’t even disclose anything about violence committed
against her to anyone not even to her parents.
For the purposes
of this Declaration, the term "violence against women" means any act
of gender-based violence that results in, or is likely to result in, physical,
sexual or psychological harm or suffering to women, including threats of such
acts, coercion or arbitrary deprivation of liberty, whether occurring in public
or in private life.[1]
But see the irony even in present
scenario the incidence of domestic violence and the crime against women has
been considered as a worldwide epidemic which has not be curbed out till now.
In this research article researcher
going to discuss the meaning, causes, types of domestic violence and
adverse-effects of domestic violence against
women, this article will include the statistics i.e percentage or number of
cases registered related to domestic
violence in India and at last conclusion & certain recommendations are
provided to eradicate this menace from the society.
KEYWORDS: Domestic Violence, Relationships,
Partner, Socio-cultural, Abuse, Women, Wife beating , Physical, Psychological damage.
Introduction
Domestic Violence is a most common
crime in India . It happens within the home itself and is considered as a private family matter
, here the term domestic violence means Domestic
violence (also called domestic
abuse or family violence) is violence or an abuse that occurs in
a domestic house , such as in a marriage or cohabitation. Domestic violence is also known
as intimate partner violence, which is committed by one of the people in
an intimate relationship against the other person[2]
, although preventive
laws have been made but still incidence of domestic violence are increasing day
by day . If we take a deeper look, every
second house has witnessed some sort of abuse against women in India, with the
second largest population in the world India has a largest number of Domestic
violence cases all across the country here below is the statistics. Under the Protection of Women from
Domestic Violence
(PWDV)
Act the total number of complaints are :
2,95,601 have been filed, the Union
government has informed the Supreme Court.[3]
In every
district court around 300 cases of domestic violence cases are still pending .
Approximately daily minimum 100 cases of domestic violence are witnessed.
Though, the legislature has already enacted
the laws like the Protection of Women from Domestic Violence Act, 2005 but this
act has not been that much successful in reducing the crime of domestic
violence.
Law cannot change the society
overnight but its a slow and gradual process. The Supreme Court has always
played a vital role in protecting the interests of women as per the changing
situations and according to society’s demand.[4]
It is said that an offence of
Domestic violence occurs when one person tries to dominate, humiliate and
control, suppress the another person in
a family or in a domestic relationship.
The offence of domestic violence may
occur in multiple Forms such as : physical, verbal, emotional, economic, religious, reproductive, or sexual abuse. It can range from
subtle, coercive forms to marital rape and other
violent physical abuse, such as choking, beating, female genital mutilation ,
and throwing acid for the purpose of disfigurement of face.[5]
The term domestic relationship has
been defined under sec 2(f) “domestic
relationship means a
relationship between two people who live
together or have in the past lived in the same house together,
whether they are related to each other through blood relations , or either married, or having
a relationship that has the characteristics of marriage, are adopted, or
are members of a joint family.”[6]
Meaning Of Domestic Voilence :
The word violence means a person
using physical force against another person to cause any damage or
injury to that another person or to his/her
property . As per Oxford Dictionary
the term violence means a "behavioural attitude which involves physical
force in order to cause injury , harm, or kill someone or something." [7]
WHO[8] has defined Violence: when someone intentionally threatens
to use physical force or power against themselves, another person, a group of
people, or a community in order to
create or is likely to cause harm, such as physical or psychological harm,
stunted growth, or deprivation. .[9]
‘Domestic violence is a kind of
serious violence against women within the four walls of matrimonial home . It can be caused either by the husband, or
by his parents, or siblings or any other
close relatives.
It is such a crime which happens
behind closed doors and it’s a harsh reality which Indian women faces and such
domestic violence incidences are often denied by the women who has been victim
of violence.’[10]
The Term “ Domestic Violence against
women” denotes any act or behaviour that violates a woman's physical, mental,
emotional, or spiritual needs inside her home; yet, such an act or behaviour is
typically carried out by the victim's own family members.[11]
Types Of Domestic Violence
Domestic violence can be called by
many names: wife abuse, marital assault, battery, spouse abuse, wife beating,
conjugal violence, intimate violence, battering, partner abuse,
The
different types of domestic violence against women are such as physical,
sexual, verbal and emotional abuse and economic abuse.
·
Physical abuse:
Physical abuse means committing assault, using unlawful force, and
criminal intimidation against female victim. Few example of physical abuse :
Ø Pushed you.
Ø Slapped or beaten you.
Ø Kicked or choked you
Ø Hit or punched you.
Ø Thrown objects at you.
Ø Sexual abuse: Basically, sexual abuse is any abusive
sexual activity committed by one person against another; in this case, women
are the primary victims. Few example of sexual abuse are :
Ø Criticized you sexually.
Ø Insisted on unwanted or uncomfortable
touching.
Ø Forced sex after physical abuse or when you
were sick.
Ø Raped you.
Ø Making sexually coloured remarks
Ø Verbal and emotional abuse: Verbal
abuse is a type of emotional abuse. Verbal abuse is said to be committed when
someone uses offensive words to assault, dominate, ridicule, manipulate, and/or
degrade another person and furthermore causes negative impact on person's
psychological health .[12]
Few examples are:
·
Continually
criticizing someone or shouting at a person
.
·
Insulting
someone.
·
Humiliated
other person in private or public.
·
The
decisions refused to work or to share money .
Ø Economic abuse:
Economic abuse is defined as denying or threatening to deny the victim and her
children access to financial resources or assets.[13]
Causes Of
Domestic Violence
Domestic violence is not caused only
by one reason but is caused by a
combination of various sociological/behavioral factors , historical,
religious, and cultural causes which are discussed below:
·
Psychological: A highly qualified girl
cannot adjust in her matrimonial house.
· If a girl gets higher qualification, there will be difficulties in
searching a bride groom.
· Girl has to perform household chores even if she is working.
·
Sociological/Behavioral Factors: The
sociological, behavioral and cultural factors include factors like anger
issues/aggressive attitude, poverty/economic hardship, controlling/dominating
nature, upbringing and psychological instability (bipolarism,
depression, stress, etc.) .
Extra-marital affairs or lack of trust also leads to domestic violence.
·
Historical Factors:
The historical factor can be seen in the
old concept of patriarchy family . In ancient period women were suppressed and ill-treated,
beaten, humiliated by her husband . Earlier females were treated as an object
of enjoyment and only for procreation of children .
·
SOCIAL CAUSES : The social factors that contribute
to crime against women include factors such as socially conditioned inferiority
of women, patriarchal social structures, unhealthy family environments,
inadequate education, broken homes, crowding in one-room families, excessive
parental interference , lack of parental love, incarceration, drunkenness,
immorality, cruelty, drug addiction, illness, and contemporary permissive
environments, among others.
·
Cultural Factors: One of the social
variable that contributes to marital violence is the desire for a male child.
This kind of mentality is the result of
ignorance and the innate superiority of men, leads to domestic violence against
women.
·
Dowry: Dowry is one of the major social
issue and one of the most important factor behind the increase in number of
domestic violence cases in India .But unfortunately female is tortured and
humiliated and abused by the family members verbally, physically for the demand
of valuable items sometimes bride is burn because of non fulfillment of demand
of dowry which is also called dowry death.[14]
Impact Of Domestic Violence On Women
Violence against women can cause long-term physical
and mental health problems. Furthermore, various other impact has been
discussed below:
a. Effects on victim:
• Domestic violence causes serious
consequences on women's mental and physical health,
including their reproductive and
sexual health. These include injuries, gynecological problems, temporary or
permanent disabilities, depression and suicide etc.
•
Emotional
and psychological trauma — Devastating
impact which is caused is on an individual’s physical, mental and emotional
health which further leads to depression, shame, anger and suicide
• Homelessness
: Many people face the issue that they become homeless they are been thrown out
of the matrimonial home due to demand of dowry.
Psychological Impact Of Intimate
Partner Violence
Trust Issues
Anxiety
Depression
Symptoms of post-traumatic stress disorder
Suicidal behavior in females
Low
self-esteem
b. Effects on children
out of those women who experience
violence, more than 50% have children in their care. Studies show that living
in the environment of domestic violence can cause harmful effect on children
and youth in the following ways:
•
Anxiety and depression
• Emotional
distress
• Eating
and sleeping disturbances
• Physical
symptoms, such as headaches and stomach ache.[15]
Domestic
violence and Covid 19: A New dimension
Due to the sudden hike in COVID-19 cases
over the previous few months, various international organizations became aware
of an increase in domestic violence (DV) cases all over the world.
Many nations noted a 15–30% increase in the
amount of distress calls from women who were locked inside with violent
relationships.[16]
India's Prime Minister
declared a national lockdown on March 24, 2020, in an effort to stop the Novel
Corona virus from spreading. The National Commission of Women (NCW) reported a
100 percent increase in domestic violence complaints within a fortnight. The
NCW then introduced a national WhatsApp line to give women another way to
report domestic abuse.[17]
Domestic violence is
referred as a “parallel pandemic,” : “UN Women
collected data from different parts of the world to highlight the
increasing rate of domestic
violence on women during the
pandemic. In the first year of the
epidemic, violence affected over 243 million women and girls between the ages
of 15 and 49.
The World Health Organization (WHO) had already
"released the disturbing data that almost one in three women globally, or
736 million women , are susceptible to violence" before the pandemic.
Between February 27 and May 31, 1,477 domestic abuse
complaints were received by the National Commission for Women (NCW), which
reported a 2.5 % rise in domestic
violence instances. Number of cases of domestic violence received by NCW is 47.2%
in the month of April and May
2020. [18]
Domestic abuse cases have increased during the lockdown, according
to data gathered by State Legal Services (SLAs) for the National Legal Services
Authority (NALSA). This information places The National Capital on the third place.
Domestic violence accounted for 89% of all reported cases of violence in April.[19]
Statistical Data Of Domestic
Voilence
Domestic
abuse leads to rape as the most common crime committed against women, according
to the National Family Health Survey. The level of violence in our nation is
generally rising at alarming rate . In India, we are living in a patriarchal
society with a olden and archaic mentality that is submissive to women.
According
to data recently released by the Central Government, Uttar Pradesh has the
highest number of domestic abuse cases in the nation. The state, which recorded
65,481 instances, won the lead, with Delhi registering the fewest cases at
3564.[20]
• Karnataka: According to the NFHS
report, there have been 44 percent more domestic violence cases in Karnataka
than there were nationwide.
According
to NFHS statistics, the number of these cases has climbed from 20.6
percent. According to the NFHS, sexual
violence against women at the age of 18 was 10.3%, down from 11% in NFHS 4.
(2015-16).
- Bihar: According to the NFHS
5 report, 8 percent of women aged 18 or younger reported having
experienced sexual violence, down from 14.2 percent in the NFHS 4 data,
and Bihar ranks second in terms of the percentage of women experiencing spousal
violence between the ages of 18 and 49.
- Manipur: The state's cases of
domestic and spousal abuse have steadily decreased, from 53.2 percent in
NFHS 4 to 39.6 percent in NFHS 5, but they continue to be a serious
contributor to the rise in domestic abuse. However, the percentage of
women who have experienced sexual abuse at the age of 18 has decreased
from 14 percent in 2015–16 to 5.4 percent in 2019–20.
- Telangana: The state saw a
decrease in domestic violence cases from 42.9 percent in 2015–16 to 36.9
percent in 2019–20. assaults on the sexual
- Assam: A huge increase in
percentage of cases of domestic violence and sexual abuse has been in the
state of Assam, here Assam stands at 32% as per NFHS 5 and has increased
from 24.5% as per NFHS 4.
- Andhra Pradesh: According to NFHS 5,
domestic violence in Andhra Pradesh has decreased from 43.4 percent in
NFHS 4 to 30 percent. According to NFHS 5, the number of sexual abuse
cases in Andhra Pradesh has also decreased from 6.8 percent in NFHS 4 to
3.7 percent.
- West Bengal: The prevalence of
domestic violence there has decreased from 33.1% in 2019–20 to 27% in
2015–16. Unfortunately, the rate of sexual assault in West Bengal has
climbed from 8.9 percent in 2015 to 16 to 9.7 percent in 2019–20.
- Maharashtra: Domestic abuse in
Maharashtra has increased from 21.3% as per NFHS 4 to 25.2% in NFHS 5.
females who are the victim of
sexual violence at one or on another time every second sexual
offences are increasing as per NFHS report such cases have
increased from 2.9% as per NFHS 4
to 6.2% as per NFHS 5.
- Tripura experienced a
significant drop from 28.1 percent in NFHS 4 to 20.7 percent in NFHS 5.
According to NFHS 4, there were 10.2 percent of sexual assaults on girls
under the age of 18 in Tripura. However, this number dropped to 7 percent
in NFHS
- Ladakh: According to NFHS 5
statistics, there has been a sharp spike in domestic violence instances in
Ladakh, which have gone from 8.5% to 18.1%. The case increased from 1.2
percent in 2015–16 to 8.7 percent in 2019–20 in the context of sexual
abuse.
Figure 1: The blue indicator
depicts the number of cases filed under section 498A of the IPC or ‘Cruelty by
Husband or His Relatives’ divided by the women’s population in lakhs. The blue
indicator reports the percentage of ever-married women aged 18-49 years who had
experienced spousal violence.
"As informed by National Legal Services
Authority (NALSA), a total of 3,582 number of cases of domestic violence
between April, 2021 and June, 2021
Figure 4: Crimes against Women cases as per
FIRs registered.
Judicial Pronuncements On Domestic
Voilence :
1.
Surekha Mote vs. State of Maharashtra High Court of Bombay
- Held that "we have considered section 12 of the
PWDV Act and the proviso to section 12. This does not mean that if no
protection officers are appointed. The Magistrate ceases to have
jurisdiction. That would frustrate the object of the act " this means
that complaint can be entertained directly by the magistrate even if there
is no protection officer
2.
Shalu Bansals Case Delhi
Court directed that respondents shall provide rent for
separate residence as maintenance to the aggrieved person.
3. Smt shalini savita vs state of U.P. and anothers : The Learned
counsel for applicant contends that applicant - Smt. Shalini Savita was married
to Chote Lal at Moradabad and due to demands of dowry and harassment for
non-fulfillment of such demands, she had to lodge an F.I.R. against her husband
and in-laws under Section 498-A, 323, 504, 506 I.P.C. and apart from which, she had
to file a complaint case under Section 125 Cr.P.C. and
another complaint case under Section 12 of Domestic Violence Act,
2005.
Conclusion
Two particularly promising pieces of
legislation that combine civil and criminal penalties to provide effective
remedies to women who become victims of domestic abuse are the Domestic
Violence Act of 2005 and the provisions of the Indian Penal Code of 1860. The
statute, among other things, has provisions for protection officers, medical
care, and free orders to help abused women defend themselves and their loved
ones.
It is necessary to improve how the
Act is applied. The first step in starting a police investigation, filing an
Initial Information Report (FIR), is sometimes overlooked by officers,
especially if the victim is from a low-income or socially disadvantaged area.
Additionally, it is true that the Domestic Violence Act (DV Act) has not
effectively addressed domestic violence-related issues.
The law is typically applied improperly.
Society needs more gender-neutral rules that treat men and women equally in
these circumstances in order to prevent domestic violence from terrifying
innocent people, as most men do, and from giving the other gender a tool for
extortion.
REFERENCES
5. https://www.orfonline.org/research/domestic-violence-and-womens-health-in-india-insights-from-nfhs-4
9. https://www.futureswithoutviolence.org/userfiles/file/HealthCare/improving_healthcare_manual_1.pdf
BOOKS :
1. Asia’s Commentary on
Protection of Women from Domestic Violence Act, 2005 and Rules, 2006 by NK ACHARYA Edition 2016.
2. Digest on protection of women
from domestic violence [along-with act of 2005 & rules of 2006]
3. Law on Domestic violence in
india paperback – 1 january 2015
4.
Law Relating to Domestic Violence Paperback – 1 January 2009
Article Information
DOMESTIC VIOLENCE AGAINST WOMEN IN INDIA: AN ANALYSIS PERSPECTIVES FROM INDIA (By- Shikha Bhatnagar & Dr. Sarika Tyagi)
Authors: Shikha Bhatnagar, Dr. Sarika Tyagi
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/08/31
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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