Article Details
DOMESTIC
VIOLENCE AND ITS IMPACT ON SOCIETY
AUTHORED BY
- HIMANSHU
Abstract
A woman who
was the cornerstone of the family and society in general, who gives birth life,
nourishes life, forms it and strengthens it, which is the mediator and
instrument of tradition by which the culture is preserved and transmitted from
generation to generation, the greatest the tragedy of our country is that it is
gravely wronged. He is domestic violence
regardless of age, .
Introduction
Domestic violence is as old as
history, reported in almost all countries society, every civilization.
Discrimination and oppression leading to physical, mental or emotional abuse is
accepted as part of any patriarchal
society. Except recently The reference is there, domestic violence was both
socially and legally acceptable. [1]Some
important event, laws, codes, provide the historical context in which
conceptualization domestic violence becomes crystal clear. The two main
elements are combined to seal the space women are the domain of men and project
women as "property" as an object belonging to men and second, the
expectations of women as ideal
"role models" thus overlap make him vulnerable and exposed to
discrimination, oppression and all kinds victimization and thus forcing them to
surrender. "Violence against women is related to historically unequal
power relations men and women resulting in male dominance and discrimination
against women and prevent the full advancement of women. Domestic violence is physical, sexual or
emotional abuse by a spouse, partner or other family member together in the
household. Domestic violence occurs when a family member, partner or ex-partner
attempt to physically or mentally control or harm another. It happens in all
cultures, All races, nationalities and religions can be perpetrators of
domestic violence. Violence violence against women is mainly intimate partner
violence and sexual violence against women the biggest public health problems
and violations of women's human rights. According to the 2013 According to a
global review of available data, 35 percent of women worldwide have experienced
both physical and/or sexual intimate partner violence or sexual violence
outside of a partner. However, Some national violence surveys indicate that up
to 70 percent of women have experienced physical violence and or sexual violence by an intimate partner
during their lifetime[2]
BACKROUND
MEANING OF VIOLENCE
The term violence means physical
force or injury or damage to a person or property.
The
Oxford dictionary defines: "Violence is behavior
involving physical force intended to injure, to harm or kill someone or
something”[3].
WHO defines violence as: "threatened or actual physical force or intentional
use of force, against himself, another person or group or community who either
leads or has led likely to cause injury, death, mental impairment,
disfigurement or deprivation[4]".
"Domestic violence is usually
the violent victimization of women within the family of men Domestic violence
is, in most cases, violence by members against women of the house where he
lives. It can be a spouse, his parents or siblings, or any other resident who
has open or covert freedom to do actions that may cause physical or mental pain
women... it happens behind closed doors and mostly these women deny it victim
of violence.'[5]
The term "domestic violence
against women" refers to any act or activity that can cause harm or hurt
women physically, mentally, emotionally, socially and also spiritually the
four walls of the house, but such action or behavior is not usually done by
strangers.6
FORMS OF DOMESTIC VIOLENCE
Physical ABUSE:
pushed or pushed you.
Held you to prevent you from leaving.
To hit or be hit. ? kicked or
strangled you.
To hit or be hit.
objects thrown at you.
Locked you out of the house.
left you in dangerous places.
refused to help you if you were sick,
injured or pregnant.
Forced you off the road or drove
carelessly.
? Threatened to hurt you with a gun.
SEXUAL ABUSE
1. You downplay the importance of your
feelings about sex.
2. Criticizes you sexually.
3. Insist on unwanted or unpleasant
touches.
4. Secret sex and love.
Forced sex after physical abuse or when sick.
a. RAPED you.
b. was jealous, assuming you had sex.
c.
Everyone insisted that you dress sexier than you wanted to.
Psychological Abuse: : psychological violence
involving premeditated behavior to intimidate and persecute, and this is
manifested in rejection or abuse, imprisonment home, stalking, threatening to
take custody of children, destruction of property, isolation,
verbal aggression and constant humiliation
Economic Abuse:
financial abuse includes, for example, withholding or refusing money
participate financially, refuse food and basic needs and control access to
health care, workplace etc.
Emotional abuse:
1. Constantly criticize yourself for cursing or
yelling at you.
2. You have hurt or pushed away your
friends or family
3. Humiliated you privately or publicly.
4. Prevented you from working,
controlling your money or earning anything. ? Decisions refused to work or
share money.
5. Car keys or money taken from you.
6. Regularly threatened to leave or ordered to
leave.
7. Threatened to kidnap the children when the
abuser was angry.
8. pets have been abused with you to
hurt you.
9. Manipulates you with lies and contradictions.
Individual BASED violence:
It has been observed that the elderly
and girls are especially children vulnerable to domestic violence. The status
of women in families is undoubtedly still stable quite uncertain. Unmarried
girls who were not wanted in their father's home can also experience it
violence a) Violence against girls (unmarried women) b) Against married women
Women c) Violence against elderly women 12
CAUSES OF DOMESTIC VIOLENCE
Violence against women cannot be
explained by one factor. More and more research is focused on the
interrelationships of various factors that should improve our performance
understanding the problem in different cultural contexts. Several complex and
interrelated institutionalized social and cultural factors kept women in
particular vulnerable to violence against them, all of which are historically
unequal manifestations power relations between men and women. Factors
contributing to this unequal power relationships include: socio-economic
forces, the institution of the family, where there are power relations forced,
fear of female sexuality and its control, belief in the inherent superiority of
men, and legislation and cultural sanctions that have traditionally
disenfranchised women and children independent legal and social status.
Domestic violence is caused by the following reasons:
a) Cultural b) Economic c) Legal d)
Political[6]
PROTECTION OF WOMEN AGAINST DOMESTIC
VIOLENCE ACT, 2005
A law aimed at ensuring
more effective protection of women's rights who are victims of all kinds of
domestic violence related or random questions. Common cases of domestic
violence but remained largely invisible in the public eye. The moment when a
woman is subdued of cruelty to her husband or his relatives is an offense under
Section 498A of the Indian Penal Code Code, 1860. Accordingly, the Act is
designed keeping in mind the rights guaranteed enable a civil remedy according
to Articles 14, 15 and 21 of the Constitution, which the goal is to protect
women from being a victim of domestic violence and to prevent it occurrence of
domestic violence in society. 14 “All acts, omissions or tasks or activities of
the accused are considered domestic violence if it harms or harms or
endangers health, safety, life, limb or
well-being, whether mental or physical, has suffered or tends to do so,
including causing physical abuse, sexual abuse, verbal and emotional abuse, and
financial abuse; or bullies harm, injure or threaten the victim in order to
coerce him or another person illegal demand for
dowry or other property or value related to her security; or threatens
the criminal or one of his close relatives some behavior; or physical or mental harm to the injured or harmed
in any other way person.15 The main features of the Protection against Domestic
Violence Act 2005 are as follows. It aims to include women who are or have been
in a relationship with an abuser, if both the parties lived together in a common household and
entered into consanguinity, marriage or marriage marital or adoptive
relationship; plus relationships with family Members living as a joint family are also included.[7]
Even those women who are sisters, widows, mothers, unmarried women or persons
living with them are entitled to legal
protection proposal of law. "Domestic violence" includes actual or
threatened abuse that is physical, sexual, verbal, emotional and financial.
Harassment through dowry takes a toll on the woman or him the definition would
also include relatives. One of the most important features by law, women's
right to insured housing. The law provides for a woman's right to live in a
conjugal or joint household, whether it exists or not. he has rights in the
economy. This right is guaranteed by the residential regulation, which is
confirmed of the court. These residential orders cannot be granted to any
woman. Another legal relief is the right of the court to grant protection
orders that prevent the abuser from aiding or perpetrating domestic violence,
etc another specific action, to reach the workplace or another object of abuse,
to try communicate with the sufferer by sharing the resources used and
generated by both parties violence against the victim, his relatives and other
people who provide him with help from home violence The law provides for the
appointment of protection officers and non-governmental organizations to help
women for medical examination, legal aid, asylum, etc. The law provides for
violation of a protective order or temporary protective order. charged as a
cognizable and non-cognizable offense punishable with imprisonment may extend
for one year or with fine which may extend to twenty thousand rupees or with
both. In the same way, they try to show the negligence of the defense manager
or the fulfillment of his duties committed a violation of the law with the
appropriate penalty.
CRITICAL ANALYSIS OF
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
Under
the guise of offering protection, this legislation actually defeats its own
foundations marriage promoting intolerance and inciting unnecessary quarrels
even over small matters domestic dispute This law is based on a misconception
and assumes that the person is the only one to blame about domestic violence. This
is a completely wrong notion and only reinforces gender bias created by this
Act for the benefit of women. The law deprives the woman of the right imposes
all responsibility, while man is overburdened with discriminatory obligations
and completely denies all such corresponding rights. The law is completely
gender specific and excludes everything possible on domestic violence against
men. In its zeal to protect and help women, this law gave recognition and the
legal status of an extramarital affair or other immoral relationship that is
neither recognized by our society or our current matrimonial and criminal law.
Legislation at the same time when he accepted the law, he did not realize that
he had sex with someone else but him or her husband is the basis for the
divorce. Even the Hindu Marriage Act, 1955, Sections 24 and 25, which require
care and constant maintenance respectively, no recognizes all relationships
except those of a legally married man and woman. In addition, sec125 of the
Criminal Procedure Law, which provides for giving the maintenance of the wife,
children, father and mother is not recognized in a wider sense persons in an
illegal relationship who have the right to claim maintenance, except for
unmarried persons a child Section 125(4) expressly prohibits a woman living in
adultery from demanding anything maintenance of the spouse in accordance with
sec 125 subsection of the Criminal Procedure Law[8].
The legislature also failed to realize that adultery is also an offense under
Section 497 of the Indian Penal Code. Penal Code. So although on the one hand
the man is accused of adultery, at the same time He must pay alimony and
alimony to the wife with whom he allegedly had an illicit relationship. This
provision destroys marital relations thus break the social fabric of society.
Before this law, there was no comprehensive legislation defining domestic
violence offense of cruelty punishable under Section 498-A of the IPC. Critics
consider the expression violence it should not be interpreted so broadly. [9]The
term "financial abuse" means The meaning of section 3 of the Act
means that even if only a male family member appropriates or gives away the
share of a female family member, i.e. movable property or real estate, he can
be charged with domestic violence. This meaning is against the spirit of the
law and the basic concept of domestic violence. The law does it again does not
distinguish between actual abuse and threat of abuse and gives equal weight
even to a likelihood of abuse. Also regarding the concept of mental abuse,
insults and verbal abuse, The terms written into the law itself are extremely
relative and subjective, often dependent to his way of thinking and shockingly
a person has no defense if he is mistreated of the woman Refusal of the amount
of money for any reason attracts regulations of this law. Non-payment of rent
related to shared economy also
constitutes financial exploitation, even if the man himself has enough
resources or even if he is involved prison 16 In this act, the judge is given
clear powers He has the duty to receive
information about the case and also to fulfill his duties gives orders in favor
of the offended woman without even approaching her execution his command.
Another worrying aspect is that the judge has to judge not only individual cases of violence, but also
general circumstances. Section 14 of the Protection of Women from Domestic
Violence Act 2005 contains very
dangerous order by which a judge can
order visitation of an injured person counseling with the respondent and the service provider member. It goes contrary
to all accepted counseling principles. The victim and the perpetrator are in an
unequal situation situation and joint
counseling is not possible in this situation. It can only lead to this removing
the unequal influence of the political party. Counseling is one way to correct
abuse behavior and therefore it is
appropriate to counsel the abuser, not the victim. The the victim may be
able to seek voluntary counseling.
Section 16 of the Protection of Women from Domestic Violence Act 2005
allows The judge holds the trial behind closed doors, if one of the parties
in the trial so wishes. But in in closed
proceedings, sometimes to intimidate the victim in favor of the accused. This
This is especially true when the victim is the only woman in court who has been fully confronted a phalanx of hostile, mocking judges, lawyers,
officials, police, male defendants, etc.
The situation is to change this section
to allow internal proceedings not if also party wants it, but only if
the offended party wants it. Suffering must be allowed to be accompanied by any
relative/female social worker etc whom he chooses according to his morals
support According to the law, a complaint about domestic violence can be submitted
both to the person responsible for
protection and police under Section 498-A of the Indian Penal Code.
Both agencies can exit
investigations and submit their reports
to the judge. In that case due to conflicting reports from both agencies, the
onus rests with the judge who is final authority to make a decision. This
double investigation of the same crime was closed the main shortcomings of the
law. The law does not speak of non-fulfillment of any provisions. This closes
the possibility reconciliation in the future. The most inappropriate
consequence would be its closure opportunities for reconciliation in the
future. In contrast, the law punishes a man for coercion the woman leaves her
work, while on the other hand it provides sustenance for the same woman. But
The law does not regulate such a remedy for men in similar situations. By law,
in the absence of eyewitnesses, the main witnesses are women and his testimony
is taken as circumstantial evidence to establish the fact about the case. This
effectively empowered all women to punish men as they wished. relaxation The
law allows cunning and reckless women to teach anyone her male relative at her
request. Undoubtedly, the Act is an important piece of legislation in the
history of India and the Indian people I hoped with the same great enthusiasm,
fear is in my heart people for abusing the law against an innocent man and his
family members. This it cannot really be said in general that cares and
torments of all kinds and differences always born of husband and mother-in-law.
Marriage cannot be said be honest and fair in all cases. This law is abused in
many cases when it is used the wives and their father's relatives armed the
innocent husband and their own relatives for unnecessary harassment. So, before
you apply the regulation Protection of Women from Domestic Violence Act, 2005,
stakeholders and authorities should think about the consequences of the
application that innocent people and their families are not harassed
unnecessarily.
SUGGESTIONS
The vulnerability
of women is the root cause; the problem of domestic violence in India must be
understood in its true sense. To understand the reason Women become vulnerable
and position themselves as exploited. The
majority women are illiterate and face silent violence and are also oppressed traditional
in society. ii. Attitude is needed between men and women; basic social
structure India has long had a patriarchal structure where we can see male rule
to society It is the unequal distribution of power in a relationship that is
the root cause violent attacks. The attitude between men and men should also
change women can overcome being victims of violence. iii. Internalization of
legal norms by public consent Domestic violence in us Land is still considered
a "matter between families" and prevents the state from interfering[10] close
relatives and outsiders and the state. A real effective implementation of
anyone Legislation must experience strong public consensus and approval democratic
processes. iv. Strong legal mandate for officials and stakeholders; officers
and the institution is responsible for more effective implementation of the
law. It is needed to erase gender discrimination, traditional relations of
patriarchal society and
male
dominance. v. Sex training is necessary binding by law and decisive in changing
patriarchal thinking society, police, service providers, doctors, defense
agencies and especially about judges who often advise women to endure violence
and "stop complaining". v. Expert counseling Victim counseling in the
pre-trial phase restore a person's self-esteem, provide emotional support and
help him make a decision to start a trial.[11]
CONCLUSION
Domestic
violence is not only visible but also a part
of Indian women's lives. Violence begins for him from the day he is
conceived in his mother's womb and Since then, at every stage of his life, he
has to fight for his survival in this rude society.
Most of
the women in our country are illiterate and
are not aware of the constitutional provision and also about their rights, for which they mostly do not register cases against them people who violate their
rights and commit crimes against them. Little awareness of it the law and the
rights it guarantees them, but the most important problem is this women are not
aware of their rights due to traditional practices. There are victims cannot
use legal remedies that the government guarantees to protect ladies In our
society, which is said to be tradition-bound and male-dominated, women are she
continues to be treated as a secondary sex that makes her suffer violence in
silence. Reality in India women must suffer gender-based human rights
violations. He is often overlooked and underrated Protection of Women from Domestic
Violence Act 2005 (PWDVA). In response to global demand for such legislation,
Parliament passed and also results of consistent work by women's organizations
working for women. to show gives rights and protection to women. Resources
available to the victim first PWDVA 2005 was a civil remedy for punishment of
an offender under the IPC divorce and alimony did not give him final relief,
the available means which were related to matrimonial proceedings and also
judicial proceedings. The legislative provisions and constitutional provisions
were available to women but these provisions were insufficient and the main
problem was a lack of awareness about them rights under the protection of women
in the constitution. Domestic violence goes on boundaries of race, caste,
religion and class. According to Global Review Data in 2013 35% of women
worldwide have experienced either physical or sexual intercourse up to 70% of
women have experienced physical or sexual violence in their lives intimate
partner.153 in New Delhi; According to a 2010 survey, 66% of women reported experienced
sexual harassment two to five times in the past year.
[1] 1
UNICEF (2000), Domestic Violence against Women and Girls, Innnocenti Digest N0.
6, available at http://www.unicef-irc.org/publications/pdf/digest6e.pdf
(Visited on 15 March, 2019).
[2]
Narwadkar, Dr. Pooja P., Law Relating to Domestic Violence in India
[3]
http://www.oxforddictionaries.com/definition/english/violence ( Visited on 19
March, 2019).
[4] 4
World report on violence and health, World Health Organization, 2002.
[5]
Jaising Indira, law of Domestic Violence, 9-10, (Universal Law Pub. Co. Pvt.
Ltd. Delhi, 2001).
[6]
Jaising Indira, law of Domestic Violence, 9-10, (Universal Law Pub. Co. Pvt.
Ltd. Delhi, 2001)
[7]
Newton C. J. “Domestic Violence: An Overview” FindCounseling.com, Mental Health
Journal. February
[8]
Dr. Mrs. Annie John, Violence Against Women Need To Awaken The Conscience Of
Humanity, 55 (Asia Law House, 2013).
[9] 3
UNICEF (2000), Domestic Violence against Women and Girls, Innnocenti Digest N0.
6, available at http://www.unicef-irc.org/publications/pdf/digest6e.pdf
(Visited on 22 March, 2019).
[10]
The Protection of Women from Domestic Violence Act, 2005.
[11]
Nagpal, Vijay and Singh, K. P., The Protection of Women from Domestic Violence
Act 2005 - A Critique, CBI Bulletin, Jan-March, 12 (2007)
Article Information
DOMESTIC VIOLENCE AND ITS IMPACT ON SOCIETY
Authors: HIMANSHU
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/07/03
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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