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Authors : PIYUSH KUMAR
Registration ID : 106333 Published Paper ID: IJLRA6333
Year : Nov -2023 | Volume : II | Issue : 7
Approved ISSN : 2582-6433 | Country : Delhi, India
Email Id : piyush896952@gmail.com
Page No : 16 | No of times Downloads: 0065
Article Details
DOMESTIC VIOLENCE
AUTHORED BY
- PIYUSH KUMAR
ABSTRACT
Domestic
violence is a major area of concern when it comes to issues of women. Domestic violence is a form of violence by a person
to hurt one's spouse or partner either physically. psychologically or sexually.
Though its outcomes are primarily related
to physical health,
but its causes and secondary
outcomes are psychological as well as sociological. This review paper focuses on psychological causes and
outcomes of domestic violence underlined in previous
studies. Need for power and control, low self-esteem, personality traits,
gender role stereotypes, patriarchal
beliefs, gap in spousal education and employment, marital maladjustment, alcohol consumption by
husband, unemployment, attitudes towards women
are some of the socio- psychological factors leading to domestic
violence. Outcomes of domestic
violence are equally harmful for women and their children. It has been noted
that women who face domestic violence
are at greater risk for mental health disorders. Education and higher socio-economic status of husband and wife are protective factors
against domestic violence to some extent. Some recent research
has also focused on domestic violence against
men and domestic violence in same gender relationships, but there are a
very few studies emphasizing on these
two issues in India. It can be concluded that domestic violence is leaded by many interlinked psychological
and sociological factors and its outcomes are
dangerous for the victims.
INTRODUCTION
Domestic
violence against women is not a new concept in society. It means intimate
partner violence which includes
physical, verbal, sexual, and economic abuse.
According to the world health
organization, one in every three women experienced physical or sexual violence in their lifetime, and 30% of women
experienced physical and sexual violence from their partners. Women are facing violence from men, which affects
their mental health and physical
health. In India, women feel unsafe in the marital home. It is because the
patriarchal society doesn’t give
enough opportunities to women. They are facing violence from husbands, their in-laws, or others. Most
of the domestic violence cases don’t report by the woman because of orthodox society and norms. Many women
experience various kinds of domestic
violence, but they don’t respond to it. Although the countries had adopted a mechanism through which women can file
domestic violence complaints against their husbands, they are
still not reporting
the incidents.
During this COVID-19, Indian
women filed complaints
of domestic violence.
One thousand four hundred seventy-seven domestic
violence complaints were filed by women between March 25 – May
31, 2020. The number of crimes against women
is very high in this
lockdown. It is because women are locked inside in the home with their abusive
partners. They are facing
physical, emotional, and domestic
abuse from their partners.
Parliament of various countries made laws to protect women from any kind of violence. Still,
they are facing violence from their husbands and their
families
MEANING OF VIOLENCE
The use of
physical force so as to injury abuse and serious damage or destroyed then it violence
Oxford Dictionary defines:
“Violence as behaviour involving
physical force intended
to hurt, damage or kill
someone or something.”
WHO defines Violence: "the intentional use of physical force or power,
threatened or actual, against
oneself, another person,
or against a group or community, which
either results in or has a high likelihood of resulting in injury, death,
psychological harm and deprivation".
‘Domestic violence is violent
victimization of women within the boundaries of family, usually by men. Domestic violence is in most of the cases
violence against women by the members
of house where she resides. It can be the husband, his parents, or siblings or
any other resident who has the overt
or covert latitude for actions that can cause physical or mental agonies to women…it happens
behind closed doors and is most often denied by the very
women who has been victim of violence.’
Term
“Domestic Violence against
women” means any act or conduct which has potential to injure or hurt women
physically, mentally, emotionally, socially, and also spiritually within
the four walls of
house, however, such an act or conduct
is done usually not by strangers.
According to the victim-perpetrator relationship.
Self-directed violence refers to violence
in which the perpetrator and the victim are the same individual and is subdivided into self-abuse and suicide.
Interpersonal violence refers to
violence between individuals, and is subdivided into family and intimate partner violence and
community violence. The former category includes child maltreatment; intimate partner violence; and elder abuse, while
the latter is broken down into acquaintance
and stranger violence and includes youth violence; assault by strangers; violence
related to property
crimes; and violence
in workplaces and other institutions.
Collective violence refers to violence committed
by larger groups of individuals and can be subdivided into social, political and economic violence
DIFFERENT FORMS OF DOMESTIC VIOLENCE
IN INDIA by UNICEF
Government
of India and UNICEF says that more than 60 million women, who should have been
alive today, are missing Responsible factors are from feticide to domestic
violence to dowry deaths to physical assaults. Discrimination starts even
before women are born and continue till; they die. It exists in the form of: -
Feticide - Some new forms of violence have appeared
with technological advances
as is evident in case of
female feticide, reflecting in adverse sex-ratio. Social bias in favour of a male-
child lead to abortions (out of 8000 cases of abortions following
sex-determination tests, 7999 are female
fetus, according to a
Survey) Sex-ratio is continuously declining
all over India except for Kerala. Inefficient and ineffective performance of political, administrative and economic structures and mechanisms failed to stop it.
Infanticide -Thousands
of newly born baby-girls die with overdoses of opium. They are abandoned
or thrown in rivers or Health hazards - According to official figures,
there is 10% higher mortality rate
for girls than boys due to mal-nutrition in dust bins to die. Out of abandoned children 90% are girls, infancy
and childhood Health Statistics are equally alarming
with 80% of them being anaemic. Physical assaults/Rapes/gang-rapes/molestations According to a Report, there are
reported cases of one rape every 54 minutes, a molestation every 26 minutes; and an act of cruelty
every 33 minutes. National Crime Records Bureau (NCRB) statistic says - every 20 minutes, a woman is raped somewhere
in India, not to mention the countless
number of cases of molestations or rapes going
unreported. Child rape
cases have increased by 336% in the last 10 years. Government data shows
crimes by juveniles-especially rape
and abduction of women-has seen exponential rise in the past decade-from 48.7% in 2002 to 66.5 in
2012.
Dowry deaths - Number
of dowry-deaths is quite alarming in the country - a dowry death every one hour forty two minutes. Dowry-related violence is also in increase. Maharashtra, Madhya Pradesh, Andhra Pradesh and
Rajasthan are the states with maximum number of reported cases. Many
cases remain unreported.
Victims of materialistic-culture -Consumerist culture has triggered off increased atrocities, domestic violence and physical assaults on women. Millions of
girls live under threat of physical abuse.
Female literacy rate - Male-female literacy-rate is 82,14% to 65.46% according to 2011 census.
Employment ratio in organized and unorganized sectors
also points out discrimination against
women in job-market.
Characteristics of Domestic
Violence
The following are the characteristics of the domestic violence generally mention in most of the research surveys.
·
Domestic Violence
is an exploitation of woman inside limits of family;
a woman might be a young
woman, child, wedded, old or like relationship.
·
Violence can be of a mischief
physical, mental, enthusiastic, profound, conservative and so
forth it incorporates even risk or forceful
conduct towards her not just her physical
being and even towards her sense of pride, and fearlessness as well.
·
Domestic violence
against woman is a precise
and auxiliary instrument
of Patriarchal control
of woman that is developed
on male predominance and female
inadequacy.
·
The violence
happens in private
circle I. e home where she anticipates love, friendship, care, warmth and the miscreant is her own relatives.
·
It is a sex-stereotyped job desire for society for men to be transcendent and women to be subordinate.
·
It is a sexual orientation-based violence that mirrors the current asymmetry in power connection among people that sustains
the subjection and degrading of female instead of male and exists mind him the structure of male-controlled
society as an emblematic framework
that denies women their rights and duplicates the lop-sidedness and disparity between the genders, it is properly
depicted as sex explicit wrongdoing happening inside family between people
related through intimacy, blood
or law
·
Domestic
violence alludes to an example of rough harsh and coercive conduct by one accomplice in a relationship to pick up
and keep up power and command over someone else's life.
·
Domestic violence
is currently everywhere throughout the world expanding worry by world network because of women's
activist developments. Terms like Marital violence, matrimonial violence, are utilized to indicate the violence between
companions while different terms like Inter-family violence,
domestic violence are utilized to comprehensively incorporate violence in life partners,
displayed against youngsters, among kin and for the most part between
people who shared a common habitation and live in cosy relationship.
·
Violence
against woman is the most disgraceful human rights infringement. It knows no limits of topography, culture, station,
riches, or something bad might happen. It is an allinclusive marvel found in creating, created and undeveloped
nations in changing structures and extent
The effects of domestic violence on
women go beyond the immediate physical injuries they suffer at the hands of
their abusers. Frequently, domestic violence survivors suffer from an array of
psychosomatic illnesses, eating disorders, insomnia, gastrointestinal
disturbances, generalized chronic pain, and devastating mental health problems
like posttraumatic stress disorder (PTSD).
Many abused women find it difficult
to function in their daily lives because of the effects of domestic
violence. Absences from work, due to injuries or visits to the doctor,
often cause them to lose their jobs, making them less able to leave their abusive situations. They may feel ashamed
that their partners abuse them, see themselves as unworthy of love, and suffer from a significantly
diminished self-perception. Because of their feelings of low self-worth, these women become isolated from friends and
family and do not participate in social activities common to others in their demographic.
In general, victims of repeated
violence experience more serious consequences than victims of one-time incidents. Women with a
history of intimate partner violence are more likely to display behaviour’s that lead to further health risks such as
substance abuse, alcoholism, and suicide attempts.
Intimate partner violence
is also associated with a variety
of negative health
behaviour’s; studies show that the more severe the violence, the
stronger its relationship to negative health behaviours by victims.
Some victims may engage in high-risk
sexual behaviour’s such as unprotected sex, early sexual initiation, choosing unhealthy or multiple sexual
partners, or trading sex for food, money, or other items.
There is often an increased use of harmful
substances and illicit
drug use, alcohol abuse, and
driving while intoxicated. Victims of intimate partner violence may also engage in unhealthy diet-related
behaviour’s such as smoking, fasting, vomiting, overeating, and abuse of diet
pills. They may also overuse health services.
Women who experience severe
aggression by men, such as not being allowed
to go to work or school or having their lives or their
children’s lives threatened, are more likely to have been unemployed in the past and be receiving public assistance They may have restricted
access to services, strained relationships with healthcare providers
and employers, and be isolated from social networks.
Other consequences of domestic violence
are:
·
Divorce and separation often bring about
socio-economic problems such as homelessness because
the victim-survivor has to flee her home with her children.
·
Loss of employment and earnings: The victim-survivor
often either loses her job following frequent
absenteeism because of injuries
sustained or she has to quit her job as
a safety measure or because she has moved to a place of safety, far away from
her employment.
·
Denial of basic human rights
to physical, sexual and mental integrity and to safety and security.
·
Negative impact on parenting
behaviours which effects
on the development of children.
|
Psychological Consequences of Intimate Partner Violence
1.
Inability to trust others
2.
Fear of intimacy
3.
Emotional detachment
4.
Sleep disturbances
5.
Flashbacks
6.
Replaying assault in mind
7.
Anxiety
8.
Depression
9.
Symptoms of post-traumatic stress disorder
10.
Antisocial behaviour
11.
Suicidal behaviour
in females
12.
Low self-esteem
|
The types
of domestic violence against women range from physical, sexual, verbal and
emotional abuse to economic abuse.
·
Physical
abuse: Physical abuse is the most prominently visible form of
domestic violence against women. It has been defined in the Domestic
Violence Act to include any act
that causes bodily pain or danger to life, limb or health or development of the
victim. Assault, criminal
force, and criminal
intimidation are forms of
physical abuse.
·
Sexual
abuse: Sexual abuse against women is in the nature of
sexual/reproductive coercion. Generally, marital rape should come within
the ambit of sexual abuse. However, marital
rape is not outlawed unless the wife is below 15 years of age. According
to the Domestic Violence Act, sexual
abuse is any abuse of a sexual nature that 'abuses, humiliates, degrades or otherwise violates
the dignity of a woman.'
·
Verbal and
emotional abuse: Verbal abuse includes remarks/threats made by the domestic
relations during domestic
violence against women.
Verbal abuse further
leads to emotional abuse and in an incredibly common form of domestic violence
from the human
rights perspective. The combination of verbal and emotional abuse leads
to psychological abuse and erodes a woman's sense of
self-worth.
·
Economic
abuse: Introducing economic abuse in the categories of abuses under
the Domestic Violence Act has been a remarkable step by the government. Economic
abuse is generally characterised as a method of
depriving or threatening to deprive the victim and her children from the use of financial resources/assets.
·
Isolation: Preventing you from seeing
family, friends, or attending social
events.
·
Control:
Eliminating freedom by controlling you from making your own choices, checking
up on you obsessively, dictating your clothing or style choices,
or using your children as leverage.
·
Male privilege: Adhering to cultural
beliefs that men must be dominant
over women.
There is no
uniform or single reason that leads to domestic violence. It is a combination
of various sociological/behavioural, historical, religious, and cultural
factors that lead to perpetration of domestic violence against women.
·
Patriarchal social structure -: In Indian culture since days of
yore man centric society is predominant in social structure
where the entire
structure is male overwhelmed. The leader of the family has comprehensive forces.
He is the head of all the
property and persons living in family, spouse after marriage need to leave her folks and move for all time at
her marital home. The kids are known by the name of group of fathers.
The male prevalence, abundances of power and power structure itself
makes female helpless.
She has no different character yet 'first the little girl, next spouse
and finally the mother of MAN. In this manner man involves unrivalled status and women simply his extremity.
·
Family system family disorganization -H. M. Johnson has characterized
family as "a gathering of at
least two persons related by blood, marriage, or appropriation and are dwelling
together." Anderson and
Parker have characterized it as "it
is a socially perceived unit of individuals identified with one
another by connection, conjugal, and legitimate ties." In India where we pursue Patriarchal type
of family the male job that of "a predominant Patriarch" who principles and a female job "a loyal
assistance mate" decides the power control.
Family confusion brought about by conjugal mal modifications and the changing components of qualities conflicts with and brings about the vicious assault
on helpless class.
·
Male Dominance and Greed for money - Among various reasons for expanding occurrence of domestic violence essential
and the most noticeable reason lies with the
disposition of Indian male, to be moderate, totalitarian, possessive
with commanding nature, accordingly
domestic violence kept on being the serious issue in Indian culture. In Indian setting, it is seen that two essential
realities are the roots for frame of mind towards women bringing about violence. First it is a place where there is
differentiate incredibly traditional and
very modem esteems exist next to each other and then again it remains solidly established in the Patriarchal belief
system which is prefaced upon male matchless quality and legitimization of
women's oppression. As a result of this essential belief system a similar circumstance remains to a great extent
unchallenged and unaltered; violence against her is sustained in old structure and now and then
in various and fresher pretence
·
Sociological/Behavioural Factors: The sociological, behavioural, and
cultural factors include
factors like anger issues/aggressive attitude, poverty/economic hardship, difference in status, controlling/dominating nature, drug
addiction, upbringing, and psychological
instability (bipolarism, depression, stress, etc.) among others. Neglect of conjugal responsibilities due to
extra-marital affairs or lack of trust also contributes to domestic
violence.
·
Historical Factors: Historical factors can be traced back to the inherent
evil of patriarchy and superiority complex that has prevailed for centuries among men.
·
Religious Factors: A
subtle form of domination on women, if not direct and glaring,
reflects in the religious sanctifications. This also contributes to
perpetration of domestic violence against
women.
Cultural Factors:
Cultural Factors leading to domestic violence include the desire for a male child. This obsession resulting from the lack of awareness
and inherent male superiority leads
to perpetration of domestic violence against women. This is not an
exhaustive list of factors and the motivations or triggers behind
domestic violence may vary.
·
Dowry: Dowry is a form of socio-cultural
factor. But it becomes important to separately mention
it because of the rampant
domestic violence cases resulting from illegal
demand of dowry. This was realised by the Parliament also because dowry-related domestic violence has been made a separate
head in the scope of abuse resulting
in domestic violence
under the Domestic
Violence Act.
Domestic violence
always has a negative effect on the victim. They undergo emotional,
psychological, and physical changes. Domestic violence has major impacts on the
victims, families, society, and its functioning. In order to put a stop to all
these, there are various things which should be followed;
·
Awareness: One of the
major steps to stop domestic violence is to make the apartment owners association aware about the negative drawbacks
and harms of domestic violence. Set the rules against the practice
of domestic violence and impose
stringent punishments on the attacker. Gather more information and
educate people about the detrimental
effects of domestic violence. It is not advisable that we ignore such things and instead
raise a voice against it.
·
Need for stringent laws: It is very important
that the law against domestic
violence must be imposed
stringently. Domestic violence was recognized as a grave criminal offense in 1983 by introducing the
section 498-A in the Indian penal code. This act helps in the elimination of domestic violence
among family members.
·
Empowered
Non-government organizations: In order to curb domestic
violence among people in apartments,
individuals can also seek the help of non-government organizations. These organizations will make people aware about the consequences and get justice
to the victim.
·
Seek police
help: In case of severe violence, individuals can seek legal help
from the police and put an end to
domestic violence. The police play an important role in curbing domestic violence
issues. Special courses
on how to handle domestic
violence issues are provided
to the police. It is very important for them to take domestic violence
as a serious health issue
which can cause serious
damage to families.
·
Encourage
and not threaten: Maximum number of individuals back off when they witness
any kind of domestic violence. This happens due to the fear of being harmed or assets being damaged. People mostly
turn a blind eye towards it and keep mum about
such incidents. In such cases it is very important to organize a meeting and encourage
people to come up
with the solutions.
·
Counselling:
It is very important for every apartment to have a counsellor who can council the individuals in terms of
danger. Doing this will further make people courageous and come forward
if they are a victim or if they witness any such incident.
Domestic
violence is not a small problem it is a big issue to think. Monetary problems,
alcoholism, illiteracy, extramarital affairs, bad childhood, and dowry are the
major reasons of domestic violence. The victims most commonly face physical
violence by their partners; there is an urgent need of more and more domestic
violence counselling centres throughout the country. History is evidence that
no legislation has succeeded in eliminating crime from the globe. Though not
all people are victims to domestic violence but there are suffering from
violence. There are many laws to help people but it is only possible when
people are aware of their rights and duties. The legal system is lacking where
it comes to protect men from domestic violence, they are the victims too, and
we should investigate the broader perspective and start accepting that women
are no weaker and only sufferers in some cases men also face violence and they
also need legal help as well as psychological help. If these factors can be
controlled then more than one form of violence can be prevented from harming an
individual or our society and India would be a much better place to live in.
Article Information
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International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
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