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DOMESTIC VIOLENCE AND THE ISSUE OF RESIDENCE BY – AMAN AHLUWALIA
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DOMESTIC VIOLENCE AND THE ISSUE OF
RESIDENCE
AUTHORED BY
– AMAN AHLUWALIA
INTRODUCTION
What role women are playing and can play in
development has become the main topic of discussion around the world at the
beginning of this millennium. In terms of their socioeconomic and political
empowerment, it is clear that women have made significant progress over the
past few decades. Despite this, it is an open secret that many women in
developing nations like India are far from enjoying the benefits of the
developmental process, despite their valiant efforts to ensure the
sustainability of the machinery. Women have experienced significant social and
economic advancements, even in affluent nations, yet they still lack political
equality. However, even in developed nations, women who are self-sufficient
financially, encounter numerous challenges in daily life. In nations like
India, where women are worshipped while also being mistreated and completely
subordinated, the situation is worse.[1]
In its many stages over time,
human development has highlighted the necessity of empowering all people,
particularly women, and has done so by promoting, developing, and coordinating
programmes under a Human Development Agenda.
Due to the values of social
justice, equality, and participation in decision-making in both private and
public life, this will help people become self-sufficient and contribute to the
process of national development.
As is typical of human thought, there are at least
three ways to approach the question of gender and development: from the
perspectives of equality, empowerment, and development effectiveness. The first
point of view emphasises equality as the cornerstone of the social contract:
Male or female, everyone should be treated equally in society, politics, and
the economy.
This is a potent justification that comes from
political philosophy. Extending people's options and levels of control over
their life is the basis for the second defence. According to this viewpoint,
highlighting gender emphasises the importance of empowering both women and men
for development. The third strategy contends that gender issues affect the
effectiveness of development efforts and may persuade people who are dubious
about the place of gender in development policy-making. In recent years, more
successful development has been regularly attributed to women's active
participation in governance, education, and income generation.[2]
According to Greek philosopher Aristotle, "Man is a Social
Animal," since prehistoric times, his behaviour has been animal-like. Man
is an egotist who values himself above all others. It doesn't imply that he
lacks noble qualities. Even after civilization emerged, man has continued to
pretend to be nature. As a result of this pattern of behaviour, the State is
left with little choice but to enact a number of laws to stop the behaviour
that endangers the lives of other people. Women are seen as the property of
men. She is viewed as a component of man, as shown in the sculpture
"Arthanariswara." This indicates that society does not want or intend
for women to live on their own in this world. All of the dharma Shasta,
starting with Manu Code, are treating her inhumanely in various ways. On the
one hand, they view women as goddesses, but on the other, they have only
treated them poorly in return for the physical labour and household duties they
have performed for their families. The sacrifice made by a woman is completely
overlooked, not even acknowledged, and not even shown the slightest amount of
appreciation to comprehend the deed of a woman.[3]
Women today do have a certain status if
they are educated and self-sufficient financially. However, having complete
independence and completely engaging in the decision-making process in their
lives must go a long way. Too many limitations, traditions, and customs render
women handicapped and unable to act to stop these customs, even when they want
to. Even if we concede that women have rights, they are now very average and
limited, and they still lack a great deal in order to live the lives they
choose. Indian women's status is precarious today. Every woman should face the
true struggle of life after marriage, and she is under pressure to uphold a
good reputation with her husband, in-laws, and the relatives in both of their
families. The struggle starts here, where all of her desires come to a
standstill position and her husband's wishes are forced and thrashed upon her,
which automatically becomes her priority. This is her first task, to earn good
name from her family members she is forced to transform her identity as
according to the needs of the new family. She has been taught by her parents to
follow this tradition, and she is under pressure to think that once she
achieves this, all other women will vanish. She is under enormous pressure as a
result of her new relationship, and she needs extraordinary talent and
strategies to handle the entire situation that results from it, which drains
her energy completely. The majority of women experience this actual struggle at
the hands of their husbands, in-laws, and other family members.
The violence that women perpetrate in
their husband's home puts them in genuine danger of losing their lives. They
experience this violence throughout their lives, which is referred to as
"domestic violence." According to academics, domestic violence is a
social crime. Human interactions have given rise to civilised societies.
Therefore, in order to survive in society, an individual requires a group that
shares a common place to live, engages in economic cooperation, and reproduces.
The family structure facilitated this. Family formation is a long-standing
custom. Marriage is the most common way that families are formed. Relationship
between opposite sex is legally and socially accepted only through marriage.
But, this is not the only way practiced in recent days.[4]
1.1
Human Rights Definition:
There must be a balance between the
existing faculties and forces of nature and if there is an imbalance then the existence is rendered difficult. It has been said by scholars both spiritual and temporal and that there
are five distinct qualities
in all beings representing the faculty of Sight, or Sense, or Smell
or Taste or Touch. All beings do not possess all faculties; some possess one or more than one or all the five. Of all the beings
which are living, Human being is the Superior one.
Since, he possess the sense of reasoning or discernment and this facilitated by his capacity
to understand the real meaning
of anything which is felt by him either through all the five senses or some of them or any one of them. Human Rights are defined as
"the rights relating to life, liberty, equality, and dignity of the
individuals guaranteed by the Constitution or enshrined in the International
Covenants and enforceable by courts in India" under Section 2(d) of the
Human Rights Act of 1994.
All created beings possess varying
degrees of faculties that are essential to their continued existence. All
beings or things, whether animate or inanimate, already possess certain
attributes and in due course acquire other attributes from outside influence.
These are all necessary for survival and can either be inherited or developed
due to the influence of circumstances that are constantly present in nature.
Today's man aspires to become a rational being rather than a social
animal. He is logically granted certain rights—known as human rights—by this
Rationality. The rights are essential tools that he needs in order to safeguard
his five senses, including his "Right to Existence" and other rights.
A man must not unjustly die since he was created to live. His rights could be
restricted by strong societal forces, depriving him of the chance to exercise
them. A man's rights may be restricted in ways other than the five senses. He
has the right to freedom of movement, the ability to exercise his conscience,
and the ability to pursue his spiritual interests as a rational being.
There are a plethora of additional rights that fall under the category of
"Fundamental Human Rights." So, in order for the human being to
experience and enjoy the fullness of his life via meaningful existence,
conducive forces must be fostered and promoted. At the same time, the human
being must be protected from all types of invasions of his rights. In essence,
any right that a person exercises and that is necessary for the continuation of
his or her life is a human right. "A Human Right implies the Power to
Prevent Invasion or Impediment of Natural Rights and also to Encourage and
Develop These Rights with the Ultimate Aim of A Man's Continuous and Free
Existence In This World," according to the Universal Declaration of Human
Rights.[5] All
living things are endowed with innate attributes that must be preserved; this
protection is equivalent to the right required to provide that protection, and
those rights are meant to ensure the ongoing existence of those living things.
Man is a little portion of the massive component, which is one of the species
in the universal genus.
It is
essential that man be guaranteed of the preservation and protection of his
rights because the rights that are available to him as a human being may be
disturbed or violated by his own internal behaviour and attitude or by external
impact. The rights that he or she has access to as a family man or woman are
covered in this thesis; however, the full range of human rights is not intended
to be covered.
A man and
woman come together to live together in the family, which is a civilised unit
of society, in order to have children and to satiate their sexual desires. This
is the main motivation behind the union, which is carried out according to a
number of socially accepted rituals, conventions, norms, laws, and reputations
that are frequently sanctioned by law.
Additionally, it is suggested that women's rights be restricted in both
family and social contexts while also studying the nature and characteristics
of those rights. The first three chapters cover all of the aforementioned
claims.
It is suggested that the distinctive characteristics of women's rights be
highlighted in the chapter on the special notions of human rights because of
how vital a role women play in both society and the home. The rights of women
are given major consideration in contemporary thought, and the world as a whole
has begun to consider the best ways to recognise, uphold, and defend these
rights while simultaneously putting in place sufficient protections to prevent
their infringement. Her responsibilities as a wife, mother, and guardian of the
domestic needs of every family member are vast and intricate. A person must
exercise greater caution and consideration in such circumstances in order to
fulfil her obligations to her family, society, and herself without suffering a
violation of her personal rights.
A woman has many responsibilities in a
family, and the safety she has available to her pales in comparison to the vast
tasks she must perform. She is restricted to a family life, therefore she is
subject to internal or external restraint and limitation. We cannot claim that
a woman who enters into family life is unambiguously deprived of a great deal
of her freedom, has less power over herself, and is under the control of her
husband, who plays a domineering role in the family.[6]
Next, a woman yields to the restriction
she has placed on herself as a result of social, religious, and biological
pressures. Her own inhibition, which she defends, governs her actions,
behaviour, looks, and other personal attributes. She is being modest,
courteous, and humble in order to establish a good reputation. The idea that
their behaviour will be perceived as unwomanly or contrary to their feminine
character makes many women feel content if they maintain a polite demeanour
when dealing with others. Such self-imposed limitations ultimately result in
man's will and might subjugating nature. She believes that because she lacks
the strength to compete with her husband or male protector on an equal footing,
she must submit in order to survive because he has the advantage of both
physical and financial probers.
A woman is susceptible to psychological
stress while carrying out her responsibilities in that narrow circle when she
is firmly enmeshed in family life. She is required to communicate with the
other family members, and during these conversations, she learned about the
opinions and choices of others. She may not cognitively agree with such
enforced beliefs and concepts, some of which are dominant and others demanding,
but she is nonetheless compelled to act in accordance with them. If she
disagrees, she has psychological tension, which means that she is acting in a
way that she does not mentally support. When she is unable to carry out her
opinions and wishes, she becomes psychologically vulnerable. She may
occasionally be entertaining her own... views that she has picked up from
outside circumstances. When she is intensely trying to apply them in her family
and when the same are not met with approval.
Despotic
stress because she feels ignored, her opinions are misunderstood, and her
position is disregarded. She must therefore impose on others and accept ideas
that have been thrust upon her. She becomes the victim of psychological stress
as a result of this difficult situation. In a family, a woman must
simultaneously fulfil the roles of wife and mother. She must appease her
husband and comply with all of his whims and demands, including those relating
to sexual activity. It frequently happens that the husband expects passive
compliance with his demands while being unmindful of his wife's feelings. She
enjoys her husband's company frequently, so when she refuses to accommodate his
sexual needs and desires, she feels helpless and unsupported. On other occasions,
however, when she is in desperate need of satisfying her sexual appetite, her
husband may not be willing to do so, forcing her to suppress her urges and
suffer the consequences. As a mother, a woman is responsible for her children's
behaviour in addition to their health. While the mother must carefully plan how
to feed her children while also taking action to improve their behavior, the
father is happy to provide the means for feeding the kids.
Mothers are more responsible and accountable for
the upbringing of their children than fathers, who are more concerned with the
outcomes of such upbringing. Mothers are also more responsible and accountable
for supplying the essentials for their children's existence. While the mother
is preoccupied with the upbringing process, the father is focused on the end
result of the children's development. Therefore, a mother's contribution is
enormous and significantly less complicated than a father's.[7]
A woman must find a balance between her
family interactions and those of her relatives because she must interact with
people outside of her immediate family on a regular basis. Her relatives may
have certain dealings with her, such as family functions and relationships,
which could lead to disputes over marital or property dealings. She can behave
negatively toward how her relatives connect with one other and vice versa. The
defence of her family's interests might conflict with how a relative interacts
with her. Her functioning inside her own family may also be impacted by the
attitude of the relative, and this influence may lead to an imbalance in how
she performs her obligations. At other times, she may also have to interact
with people who are not her relatives, such as neighbours and community
members. She may not be in a position to criticise the opinions of the
community because she must fulfil her obligations to the community or religious
organisation to which she belongs. According to her husband's wishes, those of
her family's elders, or those of her grown children, she may occasionally be
forced to deal with issues in the community. She might not be sufficiently
knowledgeable and diplomatic in all of these interactions. She is forced to
contact with them primarily against her will, which makes her worried about her
family's future and causes more complications for her than for her family.
Therefore, the wife needs to be morally and psychologically strong enough to
resist the pressures placed on her by others. It is the responsibility of
society and the legal system to determine and put into place the necessary
safeguards to protect a woman from this unavoidable circumstance.
The majority of the time, a woman enters a family as an inexperienced
young woman. Her age makes the introduction to her family life more passionate
and filled with high expectations. She anticipates that her husband would treat
her with respect, tenderness, and affection and that he and the rest of the
family will attend to all of her needs. She receives more attention from her
husband in the beginning of their relationship because she is young and
beautiful for her age. Naturally, he gives her more attention, much to the
dismay of older people. Her in-laws may not always be kind to her because they
believe that their male relative, a woman's husband, is giving her more
attention and eschewing their authority. The quarrel between the elders and the
newlywed wife puts the husband in a difficult situation. In that scenario, he
would rather appease them at the expense of his wife's feelings and would subsequently
counsel her to put up with the elder's behaviour. However unfavourable it may
be, if he truly loves his wife, he expresses it to her without the elders'
awareness, and if the elders are exerting too much pressure on him, he openly
orders his wife to obey them. After the child is born, the situation worsens,
and she now has to contend with issues that are being thrust upon her by her
husband, her in-laws, and the newborn child. She is now more devoted to the
family and involved in the upbringing of her child, which forces her to comply
with the rules and regulations set forth by her husband and parents.[8]
Women had some rights, but they were
extremely limited and were viewed as individual rights, meaning they had to use
civil remedies and go up against other women individually. The state now has a
responsibility to protect women and children under Article 15(3) and Articles
23, 24, 38, 41, 42, 43, and 45 since women's rights are no longer considered to
be individual rights but rather are now recognised as Human Rights, giving them
greater legislative protection and allowing them to use constitutional remedies
under Articles 32 and 226. "And enforceable by Courts in India" are
the key phrases. These phrases strictly limit human rights to those that are
recognised by Indian courts and are enshrined in Part III of the Constitution.
Since the question of why the Commission was created to defend fundamental
rights when they are constitutional rights that may be enforced in court comes
up, is it still relevant? The improvement of human rights protection seems to
have been the main goal of the legislation. The Government was reviewing the
current laws, procedures, and system of administration of justice with a view
to bringing about greater accountability and transparency in them as well as
developing efficient and effective methods of dealing with problems relating to
women and children at the time the Bill was introduced due to the growing
concern about issues relating to human rights both in the country and abroad.[9]
The 1993 World Conference on Human Rights
established the critical relationship between global stability, legality, and
human rights, positioning them all within the broader framework of
democratisation and development.
The UN is working more and more to
avoid or end wars while also taking steps to lessen violations of human rights
when there is internal strife. Minority protection, bolstering democratic
institutions, achieving the right to growth, and ensuring that all people
respect human rights are given particular attention.[10]
1.2
Beijing Declaration
In September 1995, at the Fourth
Women's Conference in Beijing, it was decided to further the objectives of
equality, development, and peace for all women worldwide in the service of all
humanity. Honoring the women who blazed the way and being inspired by the hope
present in the world's young while acknowledging the voices of all women
everywhere and taking note of the diversity of women and their roles and
circumstances. Recognize that, despite unequal advancement, persistent gender
disparities, and significant challenges, the status of women has improved in
some significant ways over the past ten years. This has critical implications
for the wellbeing of all people.
1. Recognize that this condition is made worse by the rising poverty that
affects the majority of people around the world, especially women and children,
and has both national and international origins.
2. Unreservedly commit to removing these restrictions and barriers in
order to further the advancement and empowerment of women around the world. We
also concur that this calls for immediate action in a spirit of resolve, hope,
cooperation, and solidarity both now and as we move into the next century.
The Universal Declaration of Human Rights, the Convention on the Rights
of the Child, the Declaration on the Elimination of Violence Against Women, and
other goals and principles outlined in the United Nations Charter, as well as
the equal rights and inherent human dignity of women and men, are all examples
of international human rights instruments. In particular, the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW), the
Convention on the Rights of the Child (CRC), and the Declaration on the
Elimination of Violence Against The Declaration guarantees the full fulfilment
of women's and girls' human rights as an intrinsic, essential, and unalienable
component of all other human rights and fundamental freedoms.
To achieve equality, development, and peace, build on the agreement and
advancement made at prior United Nations conferences and summits, including
those on women in Nairobi in 1985, children in New York in 1990, the
environment and development in Rio de Janeiro in 1992, human rights in Vienna
in 1993, population and development in Cairo in 1994, and social development in
Copenhagen in 1995. Implement the Nairobi Forward-looking Strategies for the
Advancement of Women fully and effectively.
The advancement of women, including
their right to the freedom of thought, conscience, religion, and belief, will
meet the moral, ethical, spiritual, and intellectual needs of both men and
women, whether they do so individually or collectively, and will ensure that
they have the chance to reach their full potential in society and live lives
that are in line with their own goals.[11]
For equality, growth, and peace to be
achieved, women must be empowered and fully included on an equal basis in all
aspects of society, including access to authority and involvement in
decision-making.
Human rights include women's rights. Equal rights, opportunities, and
resource access for men and women, as well as a harmonious working relationship
between them, are essential for their own well-being, the well-being of their
families, and the development of democracy.
The full and equal participation of women and men as agents and
beneficiaries of people-centered sustainable development, as well as their
involvement in economic and social development, are necessary for the
eradication of poverty based on sustained economic growth, social development,
environmental protection, and social justice.
The foundation of women's empowerment is the
explicit acceptance and affirmation of their right to fully control all facets
of their health, including their own fertility. The growth of women, who are an
essential force for leadership, conflict resolution, and the promotion of
sustainable peace at all levels, is a prerequisite for local, national,
regional, and global peace, which is attainable and intricately tied with it.
At all levels, it is critical to develop gender-sensitive policies and
programs, including development policies and programs, that are effective,
efficient, and mutually reinforcing in order to promote the empowerment and
advancement of women.
The effective implementation and follow-up of the
Platform for Action depend on the participation and contribution of all civil
society actors, particularly women's groups and networks, other
non-governmental organisations, and community-based organisations, while fully
respecting their autonomy and working with governments.
Governments and the international
community must be committed to implementing the Platform for Action.
Governments and the international community acknowledge the need to take
priority action for the empowerment and progress of women by establishing
national and international commitments for action, including those expressed at
the Conference. To fulfil the objectives of the Nairobi Forward-looking
Strategies for the Advancement of Women by the end of this century, intensify
efforts and measures. Make sure that all human rights and fundamental freedoms
are fully enjoyed by women and girls, and take effective action to stop
violations of these rights and freedoms.
1.3
Women’s Empowerment And Gender Equality:
Understanding gender equality and the
empowerment of women are important goals that underlie every enterprise
development. The abolition of global poverty and the protection of human rights
depend critically on the empowerment of women. Therefore, women's empowerment
is viewed as a slight increase in income, but this is insufficient on its own
to achieve the desired result; instead, a change in power dynamics is needed.
This means that power dynamics within households, markets, and communities at
the national and international economies must be taken into account in
enterprise development in addition to income levels.
This has helped many women today come
out of their shells, confront the world with more confidence, and take on
anything with the information and skills they have to live the better lives
they deserve. But this also raises the question of whether women's independence
is misconstrued and whether they lack sympathy for their relationships.
However, this uncertainty is frequently unfounded and unsubstantiated.
1.4
Women’s Empowerment In India:
In India, gender discrepancies are well-known. In
addition to having lower literacy rates than men, women also make up less of
the labour force. Additionally, women are proportionally underrepresented
compared to men, highlighting how entrenched this disadvantage is for women.
Empowerment is typically seen as a difficult concept to quantify. Measures of
empowerment are evaluated in India along four dimensions: Possibilities, Options,
Resources, and Rights.[12]
·
Effective and efficient capabilities: How
women's health and education help them make decisions. (In the home and in the
outer world).
·
Choices refers to the kind of opportunities that
women have access to through social institutions at the state, market,
community, and family levels.
·
Assets - Ownership and Control of Property and
Productive Assets. (Not just for tax exemption reasons.)
·
What Rights Are Available to Women Under the
Law? How much do they know about it? And how can they use them to their best
advantage?
1.5
Gender:
The social creation of relationships between men
and women is referred to as gender. Our main objective is to prevent anyone or
any group from being discriminated against because of difference. All kinds of
subordination, oppression, and discrimination based on gender must be
eliminated by the government and society.[13]
1.7.1 Gender Equality:
It is a fundamental and non-discriminatory
interaction between men and women in society that is referred to by this constitutional
value. Gender equality refers to a society where men and women have equal
access to resources, opportunities, and decision-making authority.[14]
1.7.2 Causes Of Gender Inequality:
Ø In several areas
of India, there are more men than women in terms of the sex ratio.
Ø Compared to male
babies, more female babies are slaughtered or forced to die.
Ø Compared to men
their age, women have lower levels of education.
Ø Women are
underrepresented in jobs that provide a salary.
Ø Additionally,
women hold relatively fewer positions in governance and decision-making.
Ø Women experience
violence throughout their lives both within and outside of the home. When
compared to recent history, the number of crimes against women in India has
nearly doubled.[15]
1.7.3
Poverty And Gender Inequality:
"Poverty has various
manifestations, including a lack of food and productive resources sufficient to
ensure a sustainable means of subsistence; hunger and malnutrition; ill health;
limited or no access to education and other basic services; rising morbidity
and mortality from illness; homelessness and inadequate housing; unsafe
environments; and social discrimination and exclusion." It is also
characterised by a lack of involvement in political, social, and civil
decision-making. It exists in all nations as pockets of poverty in developed
countries and as mass poverty in many developing nations.[16]
This was done to support and defend women's human rights all over the world.
1.6
Impact Of Economic
Status Of Women On Domestic
Violence:
All types of inequality and the ensuing
oppression they lead to are rooted in economic hardship. It is quite difficult
to close the economic gap between the haves and the have-nots. The only way to
achieve economic equality is to close the gap between these two extremes. It is
not necessary to bring wealthy individuals down to a lower level; rather,
society should work to raise the status of the underprivileged. A woman must
depend on males at all stages of her life, according to the proverb. It is an
old tale of femininity that they are not permitted to hold riches or retain
economic independence. She was
economically dependent on men for all of her requirements at the time this was
being narrated, from shelter to old age infirmities, in addition to personal
protection. Her physical fragility and this type of dependence are permitted by
tradition and religion. She has endured unimaginable pains and afflictions, and
her family has always regarded her as a favoured slave. She is unable to
exercise or defend her gender-specific fundamental rights. Despite the fact
that she is entitled to certain rights under the Indian Constitution, she still
faces challenges in daily life.[17]
She turns into a plaything for dominance and male chauvinism in the
context of domestic abuse. Men view her as nothing more than a sensuous object
of pleasure that should be tasted and then discarded. Men do not take into
consideration a woman's desires, financial limitations, or other needs. Such
subliminal hatred of women leads to violence against her domestic sphere, and
she is forced to endure it and is unable to break free of the bondage because
she cannot physically survive outside the family unit. Therefore, strategies
and tools must be developed to empower and economically independent women.
There are laws in place today that give women the right to claim
ownership of property. They have employment and income opportunities. They are
encouraged to start their own businesses, even if they are well-known traders.
Women who work in these fields feel wealthy and independent financially.
Although they feel satisfied and fulfilled, this leads to a change in their
thinking, which is a disadvantage for them. They become arrogant and strive to
assert themselves too much, which is beyond the capacity of the male members.
The same way that economic affluence has the same impact as economic
dependence, occasion, and female suffering does. If an affluent woman behaves
in a way that goes beyond what the male members would expect, it will hurt
women in domestic situations.
Male participants frequently believe, and rightly so, that the wealth
that an affluent woman independently owns affects her behaviour. Once more, it
is implied that male members will invent ways to rob female members of power
over their own holdings. Forcing a woman to give up their property, wealth, or
monthly income in favour of her male protectors may result in domestic violence
in the form of harassment.[18]
Women must be
economically independent, but they must also understand that their money must
not stand in the way of living a united, loving, and caring existence at home.
They would do well to retain a detached attitude toward their own wealth and to
hold the generous belief that her property belongs to the family she resides
in. A woman must have the noble thought that her fortune would be used for the
benefit of her entire family. To avoid being perceived with envy or jealousy,
women should let go of their feeling of exclusivity and establish friendly
interactions with other family members. In this way, it will become clear how
important it is for women to be economically independent and how important it
is for them to manage their finances so that their family benefits. Domestic
violence would be significantly less common in such a household.
1.7
Importance Of The Study:
Within the
confines of the family home, women are more likely to become the helpless
victims of all forms of abuse. Violence is typically committed by male and
female members of the same family who are both present at the time. Everyone
makes it through with a surprising accident, ranging from a bride being burned
to a rape. The innocent and defenceless ladies are the victims. Liberation
movements, the establishment of numerous social welfare organisations, and the
constitutional promise of equality before the law all contributed very little
to the advancement of women.
Even though violence against women is not a recent phenomenon, in the
past 30 years, the issue has received a lot of public attention. Since 1975, a
number of independent women's organisations have emerged to raise awareness
about female violence. The various forms of violence perpetrated against women
in society—both internally and externally—indicate the social status of women
as well as their roles, responsibilities, and connections within the family, as
well as their ability to make decisions and maintain their autonomy.
It is important to consider domestic violence legislation in this
perspective. The National Human Rights Commission has recommended that the draught
measure be expanded to cover all forms of domestic abuse, not just violence
committed by a husband against his wife, such as violence against children, the
daughter-in-law, the elderly, and other dependents. The Commission has also
recommended changes to the enforcement apparatus, including the function of
Protection Officers, participation by non-governmental or civil society
organisations, and the function of the Court. The Protection of the Women from
the Domestic Violence Act of 2005 was introduced to address the issue of
domestic violence in India by offering victims of domestic violence both civil
and criminal remedies. Understanding the impact of legislation in reducing
domestic violence in India is helped by the study.[19]
1.8 Objectives Of The Study:
The current study aims to
investigate Domestic Violence and the Protection of Women's Human Rights. Thus,
the following are the primary goals of this research:
1.
To
evaluate the level of domestic violence against women that exists in the family
and takes many different forms.
2.
To
evaluate how different offences affect the status of women.
3.
To
research the issues with gender justice.
4.
To
research what drives violence against women
5.
To
investigate the ways in which women's rights are being abused.
6.
To talk
about the rights granted to women and how the State holders actually use them.
7.
To
research the justifications for introducing a special domestic violence law.
8.
To
research the legal framework around domestic violence and the difficulties
associated with enforcing the law.
9.
To
assess the effectiveness of government efforts to end violence against women
and the Service Providers and Protection Officers appointed under the Act.
10.
To make
recommendations for actions that should be taken to put the law into action in order
to end domestic violence generally and contact domestic violence by the victim
with the active assistance of civil society specifically.
In Study an effort is also made
to evaluate the roles that
1. The 2005 Protection of Women from Domestic
Violence Act's redress agencies play in the community.
2. To talk about the corrective actions required
to end domestic violence.
3. To talk about the Protection of Women from
Domestic Violence Act of 2005 and the roles of influential women's
organisations, other non-governmental organisations, and protection officers.
1.10.1 Hypothesis:
The researcher offers the following hypotheses for investigation in this study:
1. The
PWDV Act, 2005 has shortcomings in and is not adequate / is insufficient in handling
the problems of victimization of women.
2. Majority of Domestic Violence
incidents go unreported due to illiteracy, unawareness about the laws, orthodoxy and financial inability.
3. Protection or monetary orders does not ensure better living conditions for the victimized women.
4. Women
who are "uneducated" are more likely than educated women to be victims
of domestic abuse.
5. Domestic
violence affects women in joint families at a higher rate than it does in nuclear families.
Conclusion
A summary of
the research work, the researcher's findings, and his recommendations to
improve the status of the law are presented in this chapter after a thorough
examination of the nature and scope of Indian laws pertaining to domestic
violence.
Summary Of The Research
Work
What constitutes "domestic
violence" is the first question regarding the topic, and how the law has
evolved into general and particular law at the national and international
levels is the second. The answer to the first question must be found in a wide
variety of behaviours that jeopardise the rights and interests of women. In
this respect, the specific and local laws come after the general law of crimes
in terms of providing evidence of the rule of law. As a result of the international events, the theme
was reconceived in a way that allowed what had previously been considered a
form of "private torture," or an injury committed by one person
against another, to also be viewed as involving State responsibility and thus
become a topic of international law. Due to the treaties, agreements, and
declarations that had developed on this subject at the international level, the
idea of domestic violence received worldwide implications.[20]
In contrast to India, where domestic
violence has been covered by the law since its inception in the form of
criminal law, the Common Law of Torts was the most prevalent form of civil law
in Western countries, particularly the United Kingdom. This particular area of
law offered Writs as redress to those who had been wronged, and it was through
these Writs that principles regarding the remedies that could be used in
response to harmful behaviour by individuals in various relationships,
particularly the domestic relationship, were developed.
The two key components of the system of
remedial justice at the time were the requirement that remedies for violence
against women be pursued in accordance with the principles of civil law and the
question of whether domestic violence was covered by the law.
The Common Law courts have occasionally held the
position that a husband's aggression against his wife is not a punishable
offence and that the Court had no further recourse. Domestic violence was,
however, viewed as an actionable wrong after a shift in the courts' mentality
and the realisation that violence, wherever and whenever it happened, is
violence. Domestic violence became a widely accepted crime in the field of
criminal justice when the two branches of law split and criminal law emerged as
a fully-fledged discipline.
Another development was the legislation on this
specific topic, which made it possible for the creation of special laws on the
topic. There are now special laws in English law, such as the Family Law Act of
1996, the Damages Act of 1971, the Protection Against Harassment Act of 1997,
the Human Rights Act of 1998, etc., that aim to give the subject of individual
rights and the remedies for their violation a little bit more of a scope.[21]
Although there is a full-fledged area
of criminal law dedicated to dealing with domestic violence, the arrival of
civil law, which deals with protecting women's rights and interests from
attackers who engage in violent behaviour, has had a significant impact in
recent years. The main goal of each of these legal initiatives has been to
uphold the standing of women in society, and married women's status in
particular. There are a number of new remedies, including occupancy orders,
residency orders, custody orders, compensating orders, etc., and every effort
is being made to create a remedy that is as effective and efficient as
feasible. The creation of new institutions like protection officers, service
providers, and counselors, among others, represents a new development in the
remedial justice system. The new institutions and remedies are not a
replacement for the traditional institutions that operated under the auspices
of criminal law; rather, they are an addition to the criminal justice
institutions that seek to offer additional remedies under civil law after
discovering that the criminal law remedies were insufficient in a number of
circumstances.
[1] Walker, L. E. “Psychology and
domestic violence around the world”. American Psychologist, 54(1),
(1999)
[2] Ola W. Barnett, Cindy L. Miller,
Robin D Perrin,
Family Violence Across the Life Span (Sage Publication – p.20 2010)
[3] Sherri L. Schornstein, Domestic Violence
and Health Care (SAGE Publications – p.7. 1997)
[4] Elizabeth M. Schneider, Battered Women and Feminist Law making (Edition
p. 102. 2006)
[5] Dr. Bijar Narain Mani Tripathi. An Introduction to Jurisprudence
(Legal Theory), 277 (Allahabad Law Agency, Faridabad, 17th edn.,
2006).
[6] Jana L. Jasinski and Linda M. Williams, Partner Violence, 9
(SAGE
Publication, 1998)
[7] V.V. Devasia
and Leelamma Devasia,
Woman Social Justice and Human Rights 58 (APH Publication Corporation
1998)
[8] V.V. Devasia
and Leelamma Devasia,
“Woman Social Justice and Human Rights” APH Publication Corporation 162.
(2008).
[9] The Commission has recommended to the Government for the amendment in the preamble by adding ‘including the implementation of
International Covenants’ (See Annual Report of
the National Human Rights Commission, 1999 –
2000 p. 183).
[10] United Nations, "Human Rights Today: A United Nations Priority." The United Nation and the advancement of women
1945-1995
[11] Meyer. M and E. Pragul, Negotiating International Norms -The Convention on Violence against
Women 58
-71., (1998)
[12] Swami Mahabananda and Sri R.C. Majumdar , Great Women of India 34 (2022)
[13] Catherine A. Mackinnon, Sex Equality 45 (2001 Edition )
[14] Ajit kumar
Sinha, New Dimensions of Women Empowerment 57 (Deep and Deep Publication Pvt. Ltd. 2008 Edition).
[15] Jamil
Ahmed, Gender Inequality and Women
Empowerment 130 (Deep
and Deep Publication Pvt. Ltd. – 2008 Edition).
[16] Message
with reference to Beijing Platform of Action, United Nations, ‘1996 Fourth
World Conference on Women in Beijing’, China.
[17] S.M. Javed Akthar, Empowerment of Women in India – Issues
and Challenges 98 (Deep
and Deep Publication Pvt. Ltd. – 2008 Edition)
[18] KumKum
Narain and Meera Mirudubhasini, Empowering
Women through Economic Measures
178 (Deep and Deep Publication Pvt. Ltd. 2008 Edition)
[19] Preeti
Misra, Domestic Violence against
Women – Legal Control and Judicial Response 268 (Deep and Deep Publication Pvt. Ltd., 2006)
[20] A.S.Anand, “Justice for Women
concerns and expressions”, Universal Law Publishing Co. Pvt Ltd.,(2003).
[21] Meera Seth, Women and
Development, (Sage Publication, New Delhi, 2002).
Article Information
DOMESTIC VIOLENCE AND THE ISSUE OF RESIDENCE BY – AMAN AHLUWALIA
Authors: AMAN AHLUWALIA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/05/03
- Issue 7
About Journal
International Journal for Legal Research and Analysis
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