Open Access Research Article
DOMESTIC VIOLENCE AGAINST WOMEN IN INDIA: A HIDDEN RELATIONSHIP WITH DEPRESSION, ANXIETY AND DILEMMA BY: AKANSHA SHRIVASTAVA
Published Paper
Article Details
DOMESTIC VIOLENCE AGAINST WOMEN IN
INDIA: A HIDDEN RELATIONSHIP WITH DEPRESSION, ANXIETY AND DILEMMA
AUTHORED BY:
AKANSHA SHRIVASTAVA, BA LLB LLM
Institute Name:
NRI Group of Institutions, Bhopal
Contact Details: Mobile no - 9407439357,
Email id – kukkuakansha.91@gmail.com
Abstract
Domestic violence is a global issue
that is beyond religious, social, cultural, geographic and economic boundaries
and is an infringement of human rights. Domestic violence is a well-known and
most chronic towards women’s in India. Domestic violence still has very strong
roots in Indian society and women are very slight aware of the laws and
establishments dealing with it. We live in civilized and democratic society
which is based on the principles of equality and freedom for all. But is there
equality and freedom for women are equal to as men? Answer is big no. Major
steps are taken by the government in the form of various schemes and policies
to nurture their status and perceive women’s rights. This Journal is a meek
attempt to accentuate the issues of domestic violence against women.
I. Introduction
In India we discriminate against
women but worship goddesses. It is always heard that house become home when
there are women in the family, but her own home is not safe. Instead it became
a place of violence, assault and exploitation. Violence against women is not
new fact, history is full of violence against women. Male egoistic views
against women also plays a vital role in violence against women. In India, domestic violence is often viewed as a
private matter and not reported to authorities, which makes it difficult
to accurately measure the extent of the problem. Many families and
communities view domestic violence as an acceptable form of discipline
and control. This, coupled with a lack of legal protections and resources
for victims, makes it difficult for those affected by domestic violence to
seek help. Domestic violence is a serious issue that affects far too many women
in India and around the world. Every year, hundreds of thousands of women
fall victim to physical, emotional, and psychological abuse at the hands
of their partners. Violence against women is a problem across the World.
It affects women of all races, ethnic groups, classes and nationalities. It is
a life-threatening problem for an individual woman and a serious problem for
all socio-economic and educational classes. It cuts across cultural and
religious barriers, impeding the right of women to participate fully in
society.
As per violence against women
prevalence estimates, 20181 (WHO 2021) two of the most
prevalent types of violence that women experience is intimate partner violence
(IPV) and non-partner sexual violence (NPSV). Almost one in three women across
the world have experienced one or both of these forms of violence at least once
in their lifetime. 30percent of women have experienced IPV or NPSV that’s 736
million women around the world. Violence against women was first recognized as
a violation of human rights in 1992.
Intimate partner
violence
Intimate Partner Violence (IPV)
includes psychological, sexual, and physical violence committed by a current or
former intimate partner or husband. More than 1 in 4 women (26%) aged
15 years and older have suffered violence at the hands of their partners at
least once since the age of 15. Applying this percentage to the 2018 population
data from World Population Prospects,
the WHO estimates that 641 million women have been affected Approximately 245
million women ages 15 and above have experienced intimate partner violence in
the last one year or so. By the time they are 19 years old, one out of four
adolescent girls who have been in a relationship will already have been
physically, sexually or psychologically abused by a partner.
Non-partner sexual violence
6percent of women worldwide have been
subject to sexual violence from a non-partner. In addition to violence from
intimate partners, non-partner sexual violence (NPSV) poses a risk to women’s
safety and bodily integrity. NPSV refers to acts of sexual violence committed
by any person that is not a current or former husband or male intimate partner.
NPSV can be perpetrated by a family member, friend, acquaintance, or stranger. Since
all women can be exposed to this type of violence, the denominator for
calculations includes all women and not only those who have ever been married
or had an intimate partner. The reported occurrence of NPSV is very different
to intimate partner violence. It is more common in higher-income countries,
especially Australia and New Zealand, where it has affected 19percent of
women, and North America, where 15percent of
women have been affected (WHO). In contrast, the estimated prevalence
rates in Southern Asia (2percent) and Sub-Saharan Africa (6percent) are
much lower.
II. Domestic violence against women in India
India has endorsed
the Convention on the Elimination of All Forms of
Discrimination against Women and the Universal Declaration of Human Rights,
both of which ensure that women are given equal rights as men and are not
subjected to any kind of discrimination. The Constitution of India2
also guarantees substantive justice to women. article 14 right to equality, Article
15 of the Constitution provides for prohibition of discrimination against the
citizens on grounds of religion, race, caste, sex or place of birth or their
subjection to any disability, liability or restriction on such grounds. article
15 (3) gives power to the legislature to make special provision for women and
children and right to life under article 21. In exercise of this power, the
Protection of Women from Domestic Violence Act was passed in 2005. In this
paper we will go through all the related laws which are constituted for the
empowerment and protection of women.
Violence against women and girls is
one of the most systematic and widespread human rights violations, and India is
no exception. As per the report of National Commission for Women (NCW)3
for the calendar year 2022 total 30,957 complaints were received by NCW,
highest in seven years. Of the 30,957 complaints the maximum of 9,737 were of
right to live with dignity, followed with 6,985 were of protection of women
against domestic violence and 4,613 of harassment of married women/dowry
harassment. Uttar Pradesh has the highest number of cases registered with
16,873 cases. Cases in last ten years i.e. 2021, 2020, 2019, 2018, 2017, 2016,
2015, 2014, 2013, 2012 are 30,865, 23,722, 19,730, 19,908, 14,591, 19,088,
23,370, 33,906, 21,242, 19,579 respectively.
Domestic Violence in India during Covid-19
On March 22, 2020,
the Prime Minister of India announced a nationwide lockdown for one day. This
lockdown was subsequently extended for a week, then for 21 days and finally
until May 3, 2020 to contain the spread of COVID-19. India declared COVID-19 a
“notified disaster” under the Disaster Management Act, 20054. Extended
lockdown and other social distancing measures imposed to curb the pandemic made
women more vulnerable to domestic violence. Women were fighting a shadow
pandemic inside their homes5.
National Commission
for Women’s (NCW) data showed that domestic violence complaints doubled after
the nationwide lockdown was imposed in India6. Tamil Nadu Police
reported an increase in domestic violence complaints.
They received
approximately 25 calls every day during the lockdown period and registered at
least 40 such cases7. Similarly, Bangalore Police reported a spike
in complaints from 10 calls to 25 calls every day from the victims of domestic
violence8.
During the lockdown,
when the courts were not fully functional, there were some interesting
judgements which paved the ways for urgent measures to address the pandemic of
domestic violence. Few are highlighted below9:
The Delhi High court, on a petition filed by an NGO, directed the
government to deliberate on measures to ensure effective implementation of the
Protection of Women from Domestic Violence Act, 2005 in the wake of increasing
number of cases. The state in its reply said that it has put a protocol in
place where a survivor once calls the helpline, the tele caller will take the
complaint and will forward it to the counsellor who will establish phone
communication with the survivor during the lockdown.
The Jammu and Kashmir High Court took Suo moto
cognizance and offered slew directions that include the creation of special
funds and designating informal spaces for women such as grocery stores and
pharmacies where women could report abuse without alerting the perpetrator.
The Karnataka High Court asked the state government
about the helplines and action taken on domestic violence complaints. The state
in its reply stated that helplines, counsellors, shelter homes and protection
officers are working round the clock to help victims of violence.
III. Schemes/Programs
for empowerment of women10
The Ministry of Women and Child Development is
implementing various schemes/ programmes to bring women into the mainstream of
all the sectors in the country in order to empower them. The details are as
under:
One Stop Centre and Universalization of Women Helplines
Ministry
of WCD is administering two schemes from Nirbhaya Fund namely One Stop Centre
and Universalization of Women Helplines. The One Stop Centres (OSCs), popularly
known as Sakhi Centres, aim to facilitate women affected by violence (including
domestic violence) with a range of integrated services under one roof such as
Police facilitation, medical aid, providing legal aid and legal counselling,
psycho-social counselling, temporary shelter etc. The Women Helpline (WHL)
Scheme provides 24 hours emergency and non-emergency response to women affected
by violence, both in public and private spaces by linking them with appropriate
authority such as Police, One Stop Centre, Hospital, Legal Services etc. WHL
also supports women in distress with rescue van and counselling services in
addition to providing information about women welfare schemes and programs
across the country. Women can dial 181 short code to avail services from Women
Helpline.
Swadhar Greh Scheme
The Swadhar Greh Scheme is is being
implemented as a Centrally Sponsored Scheme for women who are victims of
difficult circumstances in need of institutional support for rehabilitation so
that they could lead their life with dignity.
Ujjawala Scheme
The Ujjawala Scheme is being
implemented as a Centrally Sponsored Scheme for Prevention of trafficking and
for Rescue, Rehabilitation, Reintegration and Repatriation of victims of
trafficking for commercial sexual exploitation.
Working Women Hostel
Working Women Hostel Scheme is
implemented by the Government with the objective to provide safe and
conveniently located accommodation for working women, with day care facility
for their children, wherever possible, in urban, semi urban, or even rural
areas where employment opportunity for women exist.
Beti Bachao Beti Padhao(BBBP)
Beti Bachao Beti Padhao(BBBP) Scheme
was launched on 22nd January 2015 with an aim to address declining Child Sex
Ratio (CSR) and related issues of empowerment of girls and women over a life cycle
continuum. The objectives of the scheme are, to prevent gender biased sex
selective elimination, to ensure survival and protection of the girl child and
to ensure education and participation of the girl child.
Mahila Shakti Kendra (MSK)\
The Mahila Shakti Kendra (MSK) Scheme
was approved in November, 2017 as a centrally sponsored scheme to empower rural
women through community participation. The aims to facilitate inter-sectoral
convergence of schemes and programs meant for women. The scheme is implemented
through State Governments and UT Administrations with a cost sharing ratio of
60:40 between Centre and States except for North East & Special Category
States where the funding ratio is 90:10. For Union Territories 100percent
central funding is provided.
Pradhan Mantri Matru Vandana Yojana
(PMMVY)
Pradhan Mantri Matru Vandana Yojana
(PMMVY) is a Centrally Sponsored Conditional Cash Transfer Scheme, for
implementation across the country with effect from 01.01.2017. The maternity
benefit under PMMVY is available to all Pregnant Women & Lactating Mothers
(PW&LM), excluding PW&LM who are in regular employment with the Central
Government or the State Governments or Public Sector Undertakings (PSUs) or
those who are in receipt of similar benefits under any law for the time being
in force,
For first living child of family Under
the scheme Rs.5,000/- are provided to the eligible beneficiary in three
instalments during pregnancy and lactation in response to individual fulfilling
certain nutrition and health seeking conditions.
The eligible beneficiary also
receives the remaining cash incentive as per approved norms towards maternity
benefit under Janani Suraksha Yojana (JSY) after institutional delivery so that
on an average, a woman gets Rs.6,000/-.
Recently, Ministry has launched
‘Mission Shakti’ (Integrated Women Empowerment Programme) - an Umbrella Scheme
in a mission mode aimed at strengthening interventions for safety, security and
empowerment of women. It seeks to realise the Government’s vision for
‘women-led development’ by addressing issues affecting women on a life-cycle
continuum basis and by making them equal partners in nation-building through
convergence across Ministries/ Departments and different levels of governance,
greater participation and support of Panchayats and other local governance
bodies and Jan Sahabhagita, apart from strengthening digital infrastructure for
last mile tracking of service delivery.
IV.
Protection
of women against domestic violence act, 200511
This is an
act of the Indian Parliament enacted to protect women from Domestic Violence. It
prohibits a wide range of Physical, Sexual, Emotional & Economical abuse
against women and all these are broadly defined under the Act. It
provides security to women in a family from men in a family. The extent of the
Act covers not only the protection of women who are married to men but also
women who are in Live-in-relationship, just as family members including
Grandmothers, Mothers, etc. A woman has right to be liberated from any type of
violence under this Act. Under this law, women can look for security against
Domestic Violence, Financial Compensation, right to live in their mutual house
and they can get maintenance from their abuser in case they are living
separated.
Domestic violence includes:12
Physical abuse: Includes
hurt of any kind, assault, criminal intimidation and criminal force.
Sexual abuse: Such as conduct of a sexual nature, such as
forced sexual intercourse, Forcing the aggrieved person to watch pornography or
other obscene material, forcibly using women entertain others, any act of sexual
nature, abusing, humiliating, degrading or otherwise violative of one’s
dignity.
Verbal and emotional abuse: Such as
accusation/aspersion on character or conduct, insult for not brining dowry,
insult for not having a male child etc. Forcing to not attend school, college
or any other educational institutions preventing one from taking up as job
repeated threats to cause pain to any person in whom the women is interested.
Preventing from marrying a person of your choice.
Economical abuse: Such as not providing money for
maintaining women or her children, not proving food, cloths, medicine, etc,
Forcing women out of the house. Preventing from accessing or using any part of
the house, Preventing or obstructing one from carrying on employment.
Non-payment of rent in case of a rented accommodation. Selling or pawing
stridhan or any other valuables without informing and without her consent.
Forcibly taking away salary, income or wages etc. Non-payment of other bills.
Domestic incident report (DIR): Upon receipt of a
complaint of domestic violence, the protection officer or the service provider
has to prepare a DIR in form 113 (as provided in the domestic
violence act) and submit the same to the magistrate and copies of the same to
police officer in charge of the concerned police station. If the women so
desire, the police officer or the service provider can assist the women in
filling the report and a copy of the DIR is to be annexed with such
application.
Penalty for breach of protection order by respondent:14
1. A breach of
protection order, or of an interim protection order, by the respondent shall be
an offence under this Act and shall be punishable with imprisonment of either
description for a term which may extend to one year, or with fine which may
extend to twenty thousand rupees, or with both.
2. The offence
under sub-section (1) shall as far as practicable be tried by the Magistrate
who had passed the order, the breach of which has been alleged to have been
caused by the accused.
3. While
framing charges under sub-section (1), the Magistrates may also frame charges
under section 498A of the Indian Penal Code (45 of 1860)15 or any
other provision of that Code or the Dowry Prohibition Act, 1961 (28 of 1961)16,
as the case may be, if the facts disclose the commission of an offence under
those provisions.
V. Indian
Penal Code (IPC)17
In 1983, with the passing
of the Criminal Law (Second Amendment) Act, Section 498A was added
to the IPC. The goal of this clause is to prevent the husband or other family
members from torturing his wife for dowry and to punish him or them if he or
they do so. Section 498-A was introduced in the year 1983 to
protect married women from being subjected to cruelty by the husband or his
relatives. A punishment extending to three years and fine has been prescribed.
The expression “cruelty” has been defined in broad terms so as to include
inflicting physical and mental harm to the body or health of the women and
indulging in acts of harassment with a view to coerce her or her relations to
meet any unlawful demand for any property or valuable security. Harassment for
dowry falls within the sweep of latter limb of the section. Creating a
situation driving the women to commit suicide is also one of the elements of
“cruelty”.
VI.
Pointers to
prevent domestic violence
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 really 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 has to 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.
Be aware of domestic violence facts: In an apartment it is very important
that the owner’s association should make it mandatory for the residents to
learn all the facts of domestic violence. They should never ignore any person
who is a victim of domestic violence; instead they should alert all the
authorities.
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.
VII. Important judicial pronouncements
The court of Sh.
Jagdish Kumar: Metropolitan magistrate New Delhi – Ms. S (name changed) vs Mr.
A18
Ms. S who was
employed with an International organization knew the respondent Mr. A who was
the country director of an International Organization. A started communicating
with the applicant on e-mail. During course of communication he disclosed that
he is undergoing treatment for cancer and was married and had one son out of
his wedlock.
A invited
the Ms. S to work with him the applicant being interested in the kind of work
offered and left her previous job and started working with the A on the project
while working with the applicant the respondent started sharing things about
his illness, removal from his previous job, family etc. and became friends. He
asked S to marry him and took the initiative of applying sindoor and bindi and
said you are my wife". A invited the S to stay with him and started living
together in one house. S claimed to have separated from his wife and was in the
process of filing for divorce. A started spending on the household expenses and
also used to pay the rent of the house where they lived.
Held that
S lived with A in the shared household in a relationship in the nature of
marriage. S was entitled to maintenance for food, clothes, medicines and other
basic necessity and further household and other miscellaneous.
Surekha
Mote vs. State of Maharashtra High Court of Bombay18
Held that
we have considered section 12 of the PWDV Act19 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.
Shalu
Bansals Case Delhi18
Court
directed that respondents shall provide rent for separate residence as
maintenance to the aggrieved person.
VIII. Landmark judgement on
domestic violence act, 2005
Sandhya Wankhede vs.
Manoj Bhimrao Wankhede:20 This issue
has often remained a controversial one as Section 2(q) of Domestic Violence Act
defines “respondent” as any adult male person who is, or has been, in a
domestic relationship with the aggrieved person and against whom the aggrieved
person has sought any relief under this Act. Provided that an aggrieved
wife or female living in a relationship in the nature of a marriage may also
file a complaint against a relative of the husband or the male partner.
In view of the definition
of the term respondent covering adult male person, the judiciary has time and
again been confronted with the argument that an aggrieved person can file
complain under the Domestic Violence Act against an adult male person only and
not against the female relatives of the husband i.e. mother-in-law,
sister-in-law.
However, the Supreme
Court in the aforementioned case put to rest the issue by holding that the
proviso to Section 2(q) does not exclude female relatives of the husband or
male partner from the ambit of a complaint that can be made under the
provisions of the Domestic Violence Act. Therefore, complaints are not just
maintainable against the adult male person but also the female relative of such
adult male.
Sabita Mark Burges vs. Mark lionel Burges.21
Under Section 19 (1)
(b) of Domestic Violence Act order can be passed directing the Respondent to
remove himself from the shared household. Thus, the Magistrate is empowered to
pass an order directing the respondent to remove himself from the shared
household.
In this case, the
Bombay High Court held that no matter that a man may alone own a particular
house, he has no right to be violent against his wife or the woman he lives
with and if the Court sees any violence he must be restrained from
entering upon the residence essentially to secure the wife and children against
further violence and similar disputes.
Object behind
enactment of Section 19 of
Domestic Violence Act – In Sabita Mark Burges case, the
Bombay High Court very succinctly explained the object behind
residence order as:
It is common observance that the applications for
grant of injunction in respect of the residence and possession of the
respondent is essentially seen by Courts upon the proprietary rights of the
parties. Since in most cases wives do not own matrimonial homes, they are
statutorily given rights therein which were not given to them by Courts under
the principles of common law so that they have a right to peaceful enjoyment of
their matrimonial home. Section 19 of Domestic Violence Act came to be enacted
in the first place granting essentially the wives/women peace against domestic
violence in their residence, their title notwithstanding. This statutory grant
is upon the sublime principle of human rights prevailing over proprietary
rights. It may bear repetition to state that both are equally entitled to the
said flat unless one of them is violent.
Mohd. Zakir vs. Shabana
& ORS.22
In this very
interesting case of 2018, High Court of Karnataka held that a petition under
the Domestic Violence Act by the husband or an adult male can be entertained.
To arrive at its decision, the High Court placed reliance on Supreme
Court’s judgment in the case of Hiral P. Harsora v. Kusum Narottamdas Harsora:
wherein the Supreme Court while striking down a portion of Section 2
(a) of the Act (defining “aggrieved person”) on the ground that it is violative
of Article 14 of the Constitution of India and the phrase “adult male” as
appearing in Section 2(q) of the Act stood deleted.
In view of the
aforesaid ruling of Apex Court, the High Court opined that If the said sub-
section is read after deleting the expression “adult male”, it would appear
that any person, whether male or female, aggrieved and alleging violation of
the provisions of the Act could invoke the provisions under the Act. In that
view of the matter, the petitioner’s complaint could not have been trashed on
the ground that the Act does not contemplate provision for men and it could
only be in respect of women.
However, the aforesaid verdict of High Court passed by Justice Anand
Byrareddy was later on withdrawn by him when an Advocate opposed the verdict
alleging that the Supreme Court’s verdict in the Hirala Harsora case had been
wrongly interpreted by the Judge.
V.D. Bhanot vs. Savita Bhanot (SLP (CRL.)
No. 3916/2010)23
In this
case, the Apex Court upheld the Delhi High Court’s view that:
even a wife who had shared a household before the Domestic Violence Act
came into force would be entitled to the protection of the Domestic Violence
Act
Hence, the Domestic Violence Act entitles the aggrieved person to
file an Application under the Act even for the acts which have been committed
prior to the commencement of the Domestic Violence Act.
Indira Sarma vs V.K.V Sarma24
In this case, the
Supreme Court held that:
Not all live-in relationships are relationships in the nature of
marriage.
Guidelines for testing the concept of live-in-relationship:
a. Duration of
relationship, (b). Shared household, (c), Pooling of resources and financial
arrangements, (d). Domestic arrangements, (e), Sexual relationship, (f), Children,
(g), Socialization in public, (h), Intention and conduct of the parties.
Lalita Toppo vs. State of Jharkhand &
ANR25
In this recent case,
the Supreme Court has categorically held that maintenance can be claimed under
the provisions of the Protection of Women from Domestic Violence Act, 2005
(Domestic Violence Act) even if the claimant is not a legally wedded wife and
therefore not entitled to claim of maintenance under Section 125 of Code of
Criminal Procedure.
The bench explained
that:
the provisions contained in Section 3(a) of the Domestic Violence Act,
2005 which defines the term “domestic violence” also constitutes “economic
abuse” as domestic violence. The Court further opined that under the provisions
of the Domestic Violence Act, the victim i.e. estranged wife or live-in-partner
would be entitled to more relief than what is contemplated under Section 125 of
the CrPC i.e. to a shared household also.
IX.
Supreme
Court intrigued by the lack of ‘protection officers’ for domestic violence
cases
A government document in the top court shows that 4.4
lakh cases of domestic assault are pending across a sample 801 districts.26 The
Supreme Court has sought more information from the government about Mission
Shakti27, an umbrella scheme for the safety, security, and empowerment of
women, intrigued by a possible chronic shortage in protection officers to deal
with domestic violence cases. A government document in the top court shows that
4.4 lakh cases of domestic assault are pending across a sample 801 districts. Though
most of these districts have ‘one-stop centres’, established under Mission
Shakti, to receive victims, there is still a lack of clarity about how many of
them actually employ protection officers to effectively help the traumatised
survivors. Appointment of protection officers is mandated under Section 8 of
the Protection of Women from Domestic Violence Act, 2005.
Protection
officers, who should ideally be women, have a pivotal role under the law. They
help victims file complaints, give Information to the police, provide immediate
protection and support, inform victims about their legal rights and support
them through the court proceedings. “Protection officers — like the Magistrates
— who are tasked to the implementation of the enactment, have been conceived as
the backbone to effectuate the law, enacted with laudable objectives, by
Parliament,” the Supreme Court has said.
Taking on record
the government’s figures, a Bench of Justices S. Ravindra Bhat and Dipankar
Datta recently calculated that with 4.4 lakh cases pending in 801 districts, a
protection officer in each of these districts would be saddled with more than
500 cases.
There is an
urgent necessity to have more protection officers or the anti-domestic violence
law would be reduced to a dead letter, the court indicated.
The court has
asked the Secretary Women and Child Development Ministry to meet with the
principal secretaries of all the States. Representatives from the Finance
Ministry, National Commission for Women, National Human Rights Commission,
Social Justice Ministry and the National Legal Services Authority should
attend. The first meeting should be held in three weeks.
The court has
asked the government to place on record the current status of Mission Shakti,
specific information regarding the number of one-stop centres established under
the programme in each district, their staffing pattern and data on distress
calls.
The Bench also
directed the Centre to disclose details of any common portal or scheme, if any
proposed, to be set up concerning domestic violence cases.
The government
has also been asked to provide material to indicate how Mission Shakti would
act as an umbrella scheme for implementation of the Domestic Violence Act,
especially with respect to the statutory officers and remedies provided in the
Act.
The court
ordered the government to file its action taken report in six weeks.
X.
Conclusion
In India and whole
world, it’s not that only women suffer domestic violence, men also go through
the trauma of domestic violence but women are going through this brutality in
majority. India’s data on different forms of domestic violence are: Lifetime
Physical and/or Sexual Intimate Partner Violence :29.3 %28. Physical and/or Sexual Intimate Partner
Violence in the last 12 months: 24 %29. Lifetime
Non-Partner Sexual Violence: Official National Statistics Not Available30. Child
Marriage :27.3 %31.
Gender inequality index rank is 12332 and global gender gap index
rank is 14033.
The
experiences of domestic violence crime victims could be improved in various
ways to prevent or minimize the crime. Possible strategies include enhancing
communication, managing emotional feelings effectively, solving problems
immediately, creating awareness campaigns, and establishing justice responses
to protect the victims. Good communication during a conflict can aid people to
feel more at ease since it helps them understand each other’s perspectives,
eliminating possible violence. In conclusion, domestic violence should be
eliminated or prevented since it compromises the well-being of women. People
need to know when and how to express their feelings when controlling emotional
reactions since it is healthy to express one’s emotions, but it is essential to
know how and when. Individuals who are adept at managing their emotions can
more maturely and responsibly deal with stressful or difficult situations. They
understand they can control how they react rather than allowing their emotions
to dictate their actions and are aware that their actions and reactions impact
the responses of others and their feelings. After independence government and
judiciary have established essential legislations to protect women from
domestic violence along with needed amendments but domestic violence against
women is growing menace and if we have to stop such a menace then we have to work
together. Even the women who are a victim of domestic violence should raise
their voices and fight for themselves. It’s important that we all
take a stand against domestic violence and do our part to help victims and
prevent future abuse. One way to do this is by supporting organisations
that provide aid and resources to those affected by domestic violence.
Keeping quite is not a solution. One who surrenders to such violence is a much
bigger culprit than the one who commits such violence. Its high time to rupture
the hidden relationship with depression, anxiety and dilemma.
References;
1. The World Bank gender data portal,
overview of gender-based violence, Violence
against women and girls – what the data tell us. October 01, 2022. https://genderdata.worldbank.org/data-stories/overview-of-gender-based-violence/
3. Government of India, “Report(s) of National commission for women”. (Statistical Overview of
Received Complaints). https://ncwapps.nic.in/frmComp_Stat_Overview.aspx (last visited April 20,
2023).
4. Sharma, G. D., Talan, G., & Jain, M.
(2020). Policy response to the economic challenge from COVID-19 in India: A
qualitative enquiry. Journal of Public Affairs, 20(4), e2206.
5.
UN women (2020), Violence against women and girls: The shadow
pandemic, retrieved November
8,2020,fromUNwomen: https://www.unwomen.org/en/news/stories/2020/4/statement-ed-phumzile-violence-against-women-during-pandemic
6. Vora, M., Malathesh,
B. C., Das, S., & Chatterjee, S. S. (2020). COVID-19 and domestic violence
against women. Asian Journal of Psychiatry, 53, 102227.
7. Kannan, S. (2020). Domestic
violence cases in Chennai up, cops get 25 calls a day. Retrieved April 18,
2020, from The Times of India: https://m.timesofindia.com/city/chennai/domestic-violence-cases-in-chennai-up-cops-get-25-calls-a-day/articleshow/75153610.cms.
8.
Peter, P. (2020). Domestic violence calls up from 10 to 25 a
day during lockdown in Bengaluru. Retrieved April 18, 2020, from The Times of
India: https://timesofindia.indiatimes.com/city/bengaluru/domestic-violence-calls-up-from-10-to-25-a-day-during-lockdown/articleshow/75073669.cms?from=mdr.
9.
POSHA
at Work – Empaneled by Ministry of Women & Child Development, GOI. Domestic
violence during covid-19 in India, Article dated (June 24, 2021). https://poshatwork.com/domestic-violence-during-covid-19-in-india/
10. Press release of PIB, GOI, Ministry of women
and child development, “Schemes
/Programmes for Empowerment of women”, (04 February, 2022 4:30 PM) by
PIB Delhi.
Press release of PIB, GOI, Ministry of women and child
development, “Schemes /Programmes for
Empowerment of women”, (04 February, 2022 4:30 PM) by PIB Delhi. https://pib.gov.in/Pressreleaseshare.aspx?PRID=1795471 (last visited
April 20, 2023)
11. Protection of women against domestic
violence act, 2005. (act no. 43 of 2005).
12. National commission
for women, Chapter IV “The protection of women from domestic violence act
2005”. (act no 43 of 2005) pg.no.36,37,38: http://ncw.nic.in/sites/default/files/Chapter04.pdf.
13. Domestic incident
report under s. 9 (B) and 37 (2) of the protection of women from domestic
violence act, 2005 (43 of 2005). [see rule 5 (1), (2) and 17 (3)].
14. Protection of women against domestic
violence act, 2005. (act no 43 of 2005) s.31.
15. IPC. 1860, (act no. 45. of 1860).
16. Dowry Prohibition
Act, 1961 (act no 28 of 1961).
17. IPC. 1860, (act no. 45. Of 1860).
18. National commission
for women, Chapter IV “The protection of women from domestic violence act
2005”. (act no 43 of 2005) pg.no. 44,45: http://ncw.nic.in/sites/default/files/Chapter04.pdf.
p.no.
National commission for women, Chapter IV “The protection of
women from domestic violence act 2005”. (act no 43 of 2005) pg.no. 44,45: http://ncw.nic.in/sites/default/files/Chapter04.pdf. p.no.
(last visited April 20, 2023).
19. Protection of women against domestic
violence act, 2005. (act no 43 of 2005) s.12. application to magistrate.
20. Criminal
appeal no. 271/2011. Koushalya Pattan, “Landmark judgements on domestic
violence act, 2005” Article published on July 21, 2020. https://www.linkedin.com/pulse/landmark-judgments-dv-act-koushalya-ap
21. Writ
petition no. 4150/2013. Koushalya Pattan, “Landmark judgements on domestic
violence act, 2005” Article published on July 21, 2020. https://www.linkedin.com/pulse/landmark-judgments-dv-act-koushalya-ap
22. (Cri Appeal No. 926/2018) Koushalya Pattan, “Landmark
judgements on domestic violence act, 2005” Article published on July 21, 2020. https://www.linkedin.com/pulse/landmark-judgments-dv-act-koushalya-ap
23. (SLP
(CRL). No 3916/2010) Koushalya Pattan, “Landmark judgements on domestic
violence act, 2005” Article published on July 21, 2020. https://www.linkedin.com/pulse/landmark-judgments-dv-act-koushalya-ap
24. Criminal Appeal No. 926/2018 Koushalya Pattan, “Landmark
judgements on domestic violence act, 2005” Article published on July 21, 2020. https://www.linkedin.com/pulse/landmark-judgments-dv-act-koushalya-ap
25. Criminal Appeal No. 2656/2013 Koushalya Pattan, “Landmark
judgements on domestic violence act, 2005” Article published on July 21, 2020. https://www.linkedin.com/pulse/landmark-judgments-dv-act-koushalya-ap
26. Krishnadas
Rajagopal, “Supreme
Court intrigued by the lack of ‘protection officers’ for domestic violence cases” The Hindu
News, February 26, 2023 09:38 pm | Updated February 27, 2023 12:34 am IST –
New Delhi. https://www.thehindu.com/news/national/lack-of-protection-officers-for-domestic-violence-cases-intrigues-sc-about-mission-shakti/article66557250.ece
27. The Government of
India has launched 'Mission Shakti' - an integrated women empowerment programme
as umbrella scheme for the safety, security and empowerment of women for
implementation during the 15th Finance Commission period
202l-22 to 2025-26. The norms of ‘Mission Shakti’ will be applicable with
effect from 01.04.2022. Press Information Bureau - https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1841498
28. Proportion of
ever-married women aged 15-49 years experiencing intimate partner physical
and/or sexual violence at least once in their lifetime. Source: International
Institute for Population Sciences (IIPS) and ICF. 2021. National Family Health
Survey (NFHS-5), 2019-21: India. Mumbai: IIPS. https://evaw-global-database.unwomen.org/en/countries/asia/india
29. Proportion of ever-married women aged
15-49 years experiencing intimate partner physical and/or sexual violence in
the last 12 months. Source: International Institute for Population Sciences
(IIPS) and ICF. 2021. National Family Health Survey (NFHS-5), 2019-21: India.
Mumbai: IIPS. https://evaw-global-database.unwomen.org/en/countries/asia/india
31. Percentage of women
aged 20 to 24 years who were first married or in union before age 18. Source:
UNICEF global databases, 2021, based on DHS, MICS and other nationally
representative surveys. https://evaw-global-database.unwomen.org/en/countries/asia/india
32. The Gender Inequality Index is a composite
measure reflecting inequality between women and men in three different
dimensions: reproductive health (maternal mortality ratio and adolescent birth
rate), empowerment (share of parliamentary seats held by women and share of
population with at least some secondary education), and labour market
participation (labour force participation rate). Source: United Nations
Development Programme, Human Development Report 2020.
33. The Global Gender
Gap Index benchmarks national gender gaps on economic, political, education and
health criteria. Source: World Economic Forum, the Global Gender Gap Report
2021. https://evaw-global-database.unwomen.org/en/countries/asia/india
Article Information
DOMESTIC VIOLENCE AGAINST WOMEN IN INDIA: A HIDDEN RELATIONSHIP WITH DEPRESSION, ANXIETY AND DILEMMA BY: AKANSHA SHRIVASTAVA
Authors: AKANSHA SHRIVASTAVA
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/10/27
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.