Domestic Violence

This article is written by Soumya Shekhar, Som Law College Prayagraj, UP, 4^th Semester (LL. B), intern under Legal Vidhiya.

Abstract

When a person leaves an abusive relationship, they often have nowhere to go. For many, the only choices are staying in the abusive environment, going to a shelter or living on the street. Studies show a connection between domestic violence to homelessness, particularly among families with children. Some studies have found domestic violence to be the leading cause of homelessness among women with children. Shelters provide immediate safety, respite and supportive services. Unfortunately, shelters are frequently filled to capacity and often turn away women and their children. It is estimated that, in one year in Virginia, 2,000 women seeking shelter from domestic violence were turned away due to lack of space or resources.

Domestic violence can happen to anyone regardless of race, age, sexual orientation, religion, sex, or gender identity. Domestic violence affects people of all socioeconomic backgrounds and education levels. Domestic violence occurs in both opposite-sex and same-sex relationships and can happen to intimate partners who are married, living together, dating, or share a child.

Keywords – Domestic violence, abusive relationship, abusive environment, homelessness, opposite sex, same-sex relationship, intimate partners, abusive behaviour.

Introduction

Domestic violence is a pattern of abusive behaviour in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviours that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

This discussion of domestic violence is intended to educate the public about the dynamics of abuse in intimate partner relationships, as well as to help victims understand their experience and family and friends of victims to recognize signs of abuse in the relationships of their loved ones. The Violence Against Women Act contains a definition of domestic violence that governs the programs funded under the Act.

The consequences of domestic violence, both physical and psychological, are so devastating that some consider it a form of torture. Domestic violence affects not only battered women and their children, but also the entire community. Due to the prevalence and pervasiveness of domestic violence in nearly every part of the world, communities must react with a comprehensive strategy incorporating advocacy, legal reform, and education to combat the problem.

Domestic violence

Domestic violence is violence committed by someone in the victim’s domestic circle. This includes partners and ex-partners, immediate family members, other relatives and family friends.

The term ‘domestic violence’ is used when there is a close relationship between the offender and the victim. There is usually a power gap between them. The victim is dependent on the offender. Domestic violence can take the form of physical, sexual or psychological abuse.

Domestic violence directed against women by their intimate partners (current or former spouses or boyfriends) is an epidemic of global proportions that has devastating physical, emotional, financial and social effects on women, children, the family and the community. Critical to efforts to combat domestic violence has been the growing recognition of domestic violence as a violation of women’s human rights.

Domestic violence is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. Domestic violence is often used as a synonym for intimate partner violence, which is committed by one of the people in an intimate relationship against the other person, and can take place in relationships or between former spouses or partners. In its broadest sense, domestic violence also involves violence against children, parents, or the elderly. It can assume multiple forms, including physical, verbal, emotional, economic, religious, reproductive, or sexual abuse. It can range from subtle, coercive forms to marital rape and other violent physical abuse, such as choking, beating, female genital mutilation, and acid throwing that may result in disfigurement or death, and includes the use of technology to harass, control, monitor, stalk or hack. ^[[1]][[2]] Domestic murder includes stoning, bride burning, honor killing, and dowry death, which sometimes involves non-cohabitating family members. In 2015, the United Kingdom’s Home Office widened the definition of domestic violence to include coercive control. ^[[3]]

Worldwide, the victims of domestic violence are overwhelmingly women, and women tend to experience more severe forms of violence. ^[[4]] Domestic violence is among the most underreported crimes worldwide for both men and women. In addition, due to social stigmas regarding male victimization, men who are victims of domestic violence face an increased likelihood of being overlooked by healthcare providers.

Forms of Domestic Violence

Batterers use a wide range of coercive and abusive behaviours against their victims. Some of the abusive behaviours used by batterers result in physical injuries. Other techniques employed by batterers involve emotionally abusive behaviours. While these behaviours may not result in physical injuries, they are still psychologically damaging to the victim. Batterers employ different abusive behaviours at different times. Even a single incident of physical violence or the threat of such violence may be sufficient to establish power and control over a partner; this power and control is then reinforced and strengthened by non-physical abusive and coercive behaviours. A diagram called the “Power and Control Wheel,” developed by the Domestic Abuse Intervention Project in Duluth, identifies the various behaviours that are used by batterers to gain power and control over their victims. The wheel demonstrates the relationship between physical and sexual violence and the tactics of intimidation, coercion, and manipulation that are often used by batterers. The Power and Control Wheel is available in many languages.

Forms of domestic violence can include physical violence, sexual violence, economic control, psychological assault (including threats of violence and physical harm, attacks against property or pets and other acts of intimidation, emotional abuse, isolation, and use of the children as a means of control), and emotional abuse.

• Physical violence

Physical violence involves the use of physical force against another. Examples include hitting, shoving, grabbing, biting, restraining, shaking, choking, burning, forcing drug/alcohol use, and assault with a weapon, etc. Physical violence may or may not result in an injury that requires medical attention.

• Sexual violence

Coercing or attempting to coerce any sexual contact or behavior without consent. Sexual abuse includes, but is certainly not limited to, marital rape, attacks on sexual parts of the body, forcing sex after physical violence has occurred, or treating one in a sexually demeaning manner.

• Emotional abuse

Emotional abuse involves undermining an individual’s sense of self-worth. Examples of emotional abuse include constant criticism, name-calling, embarrassing, mocking, humiliating, and treating like a servant.

• Psychological abuse

Among victims who are still living with their perpetrators high amounts of stress, fear, and anxiety are commonly reported. Depression is also common, as victims are made to feel guilty for ‘provoking’ the abuse and are frequently subjected to intense criticism. It is reported that 60% of victims meet the diagnostic criteria for depression, either during or after termination of the relationship, and have a greatly increased risk of suicide. Those who are battered either emotionally or physically often are also depressed because of a feeling of worthlessness. These feelings often persist long-term and it is suggested that many receive therapy for it because of the heightened risk of suicide and other traumatic symptoms.

• Economic abuse

Economic abuse involves making or attempting to make the victim financially dependent on the abuser. Examples of economic abuse include preventing or forbidding an intimate partner from working or gaining and education, controlling the financial resources, and withholding access to economic resources.

Not all forms of domestic violence are criminalized and, in fact, drafters of legislation are encouraged to consider limiting intervention to cases involving physical and sexual violence, the threat of such violence, and extreme acts of coercive control from which the victim cannot easily escape. While some countries include psychological and economic abuse in criminal law, doing so can create a risk that violent abusers will manipulate the system to enforce actions against their partner or to justify physical violence as an appropriate response to their partner’s insults. See the Law and Policy section of this website for variations on regional and state laws and model legislation.

Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 came into force from 26 October 2006.  It is a very comprehensive and promising legislation that combines civil remedies with criminal procedures to ensure effective protection and immediate relief to victims of violence of any kind occurring within the family,

The definition of ‘domestic violence’ is in consonance with the UN Model Legislation on Domestic Violence.  The aggrieved can seek protection against any physical, sexual, verbal and emotional abuse or economic abuses.  This law for the first time recognizes a women’s right to a violence free home.  Under the Act, the right to reside in the matrimonial home/shared household was seen as a major breakthrough in women’s rights in India.  She cannot be evicted from the shared household and if evicted can seek immediate relief, seek a protection order, monetary compensation, residency order, custody order, free legal services, medical aid and counseling with the help of the Protection Officer or Service Provider.  The Act envisages appointment of domestic violence Protection Officers by the State Governments in every district and encourages the participation of voluntary associations as Service Providers.

The Ministry of Women and Child Development, the National Commission for Women and the non-governmental organizations have also taken initiatives to propagate the remedies available in this Act to the affected women by organizing awareness campaigns/seminars/ workshops and sensitizing the enforcement agencies.

• Salient features of the Act are as follows:

1. It covers those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage, a relationship in the nature of marriage, or adoption. In addition, relationships with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to the protection under the proposed legislation. However, whereas the Act enables the wife or the female living in a relationship in the nature of marriage to file a complaint against any relative of the husband or the male partner, it does not enable any female relative of the husband or the male partner to file a complaint against the wife or the female partner;
2. It defines “domestic violence” to include actual abuse or the threat of abuse that is physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition;
3. It confers on the aggrieved woman the right to reside in a shared household, whether or not she has any title or rights in the same. In fact, a respondent, not being a female, can be directed under the Act to remove himself from the shared household or to secure for the aggrieved woman the same level of alternate accommodation as enjoyed by her in the shared household or to pay rent for the same;
4. The orders for relief the aggrieved woman is entitled to under the Act include protection orders, residence orders, monetary relief, custody orders and compensation orders;
5. It empowers the Magistrate to pass protection order in favour of the abused to prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives or others who provide her assistance against the domestic violence;
6. It provides for appointment of Protection Officers and recognizes and involves nongovernmental organisations as service providers for providing assistance to the abused with respect to her medical examination, obtaining legal aid, safe shelter.

Duties of Government

The Central Government and every State Government, shall take all measures to ensure that-

1. the provisions of this Act are given wide publicity through public media including the television, radio and the print media at regular intervals;
2. the Central Government and State Government officers including the police officers and the members of the judicial services are given periodic sensitization and awareness training on the issues addressed by this Act;
3. effective coordination between the services provided by concerned Ministries and Departments dealing with law, home affairs including law and order, health and human resources to address issues of domestic violence is established and periodical review of the same is conducted;
4. protocols for the various Ministries concerned with the delivery of services to women under this Act including the courts are prepared and put in place.

Conclusion

A change of attitude is a pre-requisite between men and women to curb the violent practices against women. The long-standing basic social structure in India is the patriarchal structure in which we can see a male-dominated society. There is an uneven distribution of the power ratio which is the main cause of violent attacks.

The Act plays a critical role in the Indian legal system vis-a-vis protecting the rights of the women, so that they can feel protected and safe within the comfort of their own house. It is an exhaustive piece of legislation as it lays down the powers and duties of the various authorities, reliefs available to the victims, steps to filing a complaint regarding domestic violence, assistance provided to the victims of domestic violence, power and extent of the Indian Judiciary and the power of the Central Government to make rules. The Act provides civil remedies to the victims of domestic violence. And prior to the enactment of the Act, the victims of domestic violence sought civil remedies such as divorce, custody of children, injunctions in any form or maintenance only by taking recourse to civil courts. Therefore, the Act brought about necessary changes in the Indian legislature.

Domestic violence in our country is still considered an “inter-family affair” and does not allow the intervention of close relatives and strangers and the state. The effective implementation of any legislation must be subject to the certainty of a strong public consensus and acceptance in democratic processes.

The sturdy prison mandate prescribed for officials and stakeholders; the officials and organizations are answerable for the extra powerful implementation of the Act. It is needed to wipe out gender discrimination, the conventional relation of patriarchal society, and male dominance.

Gender perspective training should be made mandatory by the law as it is crucial for changing the mindset of patriarchal society, police, service providers, medical practitioners, protection officers, and especially of magistrates, who often advise women to put up with the violence and refrain from complaining.

References

• https://evaw-global-database.unwomen.org/en/countries/asia/india/2006/protection-of-women-from-domestic-violence-act  visited on 13/05/2023
• https://www.stopvaw.org/Domestic_Violence2  visited on 13/05/2023
• https://en.wikipedia.org/wiki/Protection_of_Women_from_Domestic_Violence_Act,_2005  visited on 14/05/2023
• https://www.advocatekhoj.com/library/bareacts/protectionofwomen/11.php?Title=Protection%20of%20Women%20from%20Domestic%20Violence%20Act,%202005&STitle=Duties%20of%20Government  visited on 15/05/2023
• https://www.government.nl/topics/domestic-violence/what-is-domestic-violence  visited on 16/05/2023
• https://blog.ipleaders.in/the-protection-of-women-from-domestic-violence-act-2005/# visited on 17/05/2023
• https://www.justice.gov/ovw/domestic-violence visited on 18/05/2023

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[1]^. ^ Woodlock, Delanie (2017). “The Abuse of Technology in Domestic Violence and Stalking”

[2]^. ^ “WESNET Second National Survey on Technology abuse and domestic violence in Australia”

^3. ^ “Controlling or Coercive Behaviour in an Intimate or Family Relationship Statutory Guidance Framework”

[4]^. ^ ^{a b} Mc Quigg, Ronagh J. A. (January 2013), “Potential problems for the effectiveness of international human rights law as regards domestic violence”, in McQuigg, Ronagh J. A. (ed.), International human rights law and domestic violence: the effectiveness of international human rights law