This article is written by Bharathi Priya S of 8^th Semester of School of Excellence in Law, TNDALU, Chennai, an intern under Legal Vidhiya

ABSTRACT

Domestic violence transcends borders and societal divisions, impacting individuals regardless of gender, economic status, race, or education. While it is widespread and deeply ingrained, its acceptance is morally unjustifiable due to its severe effects on women’s health and well-being. Despite its prevalence, certain demographics, such as marginalized groups, are disproportionately affected. World Health Organization (WHO) reports indicate that intimate partner violence constitutes up to 38% of global violence, with 1 in 3 women experiencing physical or sexual violence at some point in their lives. However, obtaining accurate statistics on its prevalence is challenging as many victims refrain from reporting due to fear, shame, or safety concerns. Reported statistics often underestimate the true extent of domestic abuse, as they rely on formally reported incidents, neglecting cases that go unreported due to various barriers. This disparity between reported incidents and actual experiences underscores the need for a comprehensive understanding of domestic abuse. Moreover, solely relying on statistical data overlooks qualitative aspects of abuse, such as emotional manipulation, which have profound yet unquantifiable impacts. This legal article aims to address these limitations by exploring the prevalence and factors associated with domestic violence against women in India, highlighting the issue of underreporting, and proposing measures to address it. By combining statistical analysis with real-world implications, the article seeks to provide a comprehensive understanding of domestic abuse and advocate for more effective interventions.

Keywords

Domestic Violence, WHO, PWDVA, Abuse, India, Women’s Health, NCRB, Discrepancies, Underreporting, Challenges, Accurate Data, NFHS.

INTRODUCTION

The Sustainable Development Goal (SDG) target 5 aims to eradicate all forms of violence against women and girls, with key indicators being rates of intimate partner violence (IPV) and non-partner violence. The World Health Organization (WHO) reported a 26% prevalence of IPV among ever-married women aged 15 years or older worldwide in 2018, rising to 35% in the southern Asia region, which includes India[1]. Domestic violence, referred to as domestic abuse, spousal abuse, or intimate partner violence (IPV), is characterized as a recurring pattern of abusive behaviors exhibited by one partner towards another within an intimate relationship, encompassing marriage, family, or cohabitation. Domestic violence encompasses various forms of abuse perpetrated within familial confines, posing challenges for legal recourse due to privacy and dependency issues. Victims often hesitate to report due to social stigma. This includes physical and psychological abuse, coercion, verbal assault, property destruction, sexual violence, dowry-related abuse, marital rape, and other forms of exploitation. Various institutions conduct surveys to assess the prevalence of domestic violence, but understanding the disparity between reality and statistical representations is crucial. Discrepancies may arise due to factors such as underreporting, varying survey methodologies, cultural influences, and the diverse nature of domestic violence experiences. Analyzing and comparing data from different agencies can shed light on the nuanced dynamics of domestic violence.  Recognizing these differences is essential for developing more accurate and comprehensive strategies to address domestic violence effectively.

LEGAL FRAMEWORK AND PROTECTIONS AGAINST DOMESTIC VIOLENCE

Historically, domestic violence in India was primarily perceived as a critical threat to women’s lives, particularly fueled by the dowry system. Consequently, early legislative measures aimed at curbing violence leading to “dowry deaths” were incorporated as amendments to the Dowry Prohibition Act (1961)[2], with Section 304B of the Indian Penal Code criminalizing violence related to dowry demands by husbands or in-laws. Despite the criminalization of domestic violence under Section 498-A of the Indian Penal Code in 1983, it remained a severe threat to women in India[3]. To address this, the Protection of Women from Domestic Violence Act, 2005 (PWDV), was introduced to offer immediate relief to women facing abuse from their husbands and in-laws.

Section 3 of the Protection of Women From Domestic Violence Act, 2005 defines ‘Domestic Violence’ as

any action, failure to act, or behavior of the respondent will be deemed as domestic violence if it:

(a) Causes harm, injury, or jeopardizes the health, safety, life, limb, or overall well-being, both mentally and physically, of the aggrieved person, encompassing physical, sexual, verbal, emotional, and economic abuse;

(b) Subjects the aggrieved person to harassment, harm, injury, or danger with the intent of coercing her or any related person to fulfill unlawful dowry demands or other property requests;

(c) Conveys threats to the aggrieved person or any related individual through actions mentioned in clauses (a) or (b);

(d) Otherwise inflicts injury or harm, whether physical or mental, upon the aggrieved person.

In India, numerous laws and legal measures directly address domestic violence, prioritizing the safety and protection of women from their partners and families. Some prominent legislations include:[4]

• Indian Penal Code, 1860 (Section 498A)
• Indian Evidence Act, 1872
• Dowry Prohibition Act, 1961
• Criminal Law (Amendment) Act, 2013 (Section 354A)
• Immoral Traffic (Prevention) Act, 1956
• National Commission for Women Act, 1990

FORMS OF DOMESTIC VIOLENCE

The Center for Disease Control in the US (CDC, 2003)[5] categorized four distinct categories of domestic violence:

• Physical abuse 
• Psychological or emotional abuse 
• Sexual abuse 
• Economic abuse

Physical Violence

In the Protection of Women from Domestic Violence Act, 2005, Physical Abuse is defined in Section 3 as any action causing bodily pain, harm, or endangerment to life, limb, health, or overall development of the affected individual. This encompasses assault, criminal intimidation, and the use of criminal force. It includes a range of actions such as scratching, pushing, hitting, and using weapons. Coercing or compelling others to engage in such actions is also considered physical violence. Physical abuse stands as a historically pervasive method of exerting control over women within the familial setting, serving as a prevalent means of subjugation.

Psychological or Emotional violence

Abusing women in domestic settings encompasses various dimensions. According to the Protection of Women from Domestic Violence Act (PWDVA), 2005, emotional or psychological abuse, categorized as verbal, includes insults, ridicule, humiliation, and name-calling, particularly regarding issues like childbearing or gender of the child. Such abuses, when repeated, can inflict physical pain on individuals associated with the aggrieved person. Psychological abuse stands out as a prominent form of mistreatment faced by women.

A study conducted by the United Nations World Population Fund (UNFPA) and the International Center for Research on Women, based in Washington, surveyed 9,205 men aged 18 to 49 across Uttar Pradesh, Rajasthan, Punjab, Haryana, Odisha, Madhya Pradesh, and Maharashtra[6]. The findings revealed a significant correlation between childhood experiences of discrimination and a tendency towards violence against partners in adulthood. Notably, regions such as Odisha and Uttar Pradesh reported the highest rates of violence, with over 70 percent of men admitting to abusive behavior towards their wives and partners.

Sexual Violence

The Protection of Women from Domestic Violence Act, 2005, defines sexual abuse as any behavior of a sexual nature that degrades humiliates, or otherwise violates the dignity of women. This type of abuse typically occurs within the interpersonal dynamics of a man-woman relationship, often within marriage. Among the many expectations placed on a wife, fulfilling sexual duties is commonly included. Failure to fulfill these duties or infidelity is sometimes seen as justifying men’s violence, perpetuating a cycle of abuse. In contemporary society, sexual violence is employed by some men to assert dominance and uphold notions of masculinity, particularly in households where men are educated and financially secure. A survey revealed that 79% of men use sexual violence to control their wives’ fidelity, with 57% of them having more than six years of formal education.

Economic Violence

Economic abuse refers to the act of depriving an individual of their fundamental needs required for social functioning. It occurs when one partner in an intimate relationship controls the other’s access to economic resources. This control can manifest in various ways, such as restricting the victim’s ability to acquire resources, limiting their usage, or exploiting their financial assets. The underlying intention of impeding resource acquisition is to diminish the victim’s ability to sustain themselves independently, compelling them to rely financially on the perpetrator. This includes obstructing the victim from pursuing education, securing employment, advancing their career, and acquiring assets.

FACTORS CONTRIBUTING TO DOMESTIC VIOLENCE

A multicentric study across 18 Indian states, involving 14,507 women, revealed a 39% prevalence of domestic violence. Factors such as lower household income, illiteracy, lower caste affiliation, and a partner engaging in drinking or gambling were identified as significant risk factors, indicating a heightened risk of domestic violence for women in India[7]. The study findings demonstrated that domestic violence (DV) was widespread across both rural and urban areas in the country. Overall, 39% of women reported experiencing some form of DV across India. Specifically, 37% reported psychological violence, while approximately 14% reported physical and sexual violence within their homes. The potential risk factors revealed in the study are;

• Women aged 21 to 35 were notably more susceptible to experiencing domestic violence (DV) compared to those under 20. However, a slight decline in DV risk was observed in the 30 and above age group, likely due to improved family dynamics with adult sons, leading to reduced violence over time.
• The data indicated that Muslim women faced a higher risk of domestic violence compared to Hindu women, while those of Christian and Buddhist faiths showed no or lower risk, suggesting religion as a protective factor. Additionally, the analysis highlighted that lower caste women experienced higher rates of physical, psychological, and sexual violence, placing them at significantly greater risk of DV than upper caste groups.
• The study showed that illiterate women face twice the risk of domestic violence, while those with 10 years of schooling or higher education face one-time higher risk of injury from DV compared to those with professional degrees. Although DV decreases with higher education levels, it remains considerably high even among more educated women.
• The study revealed that 49% of working women experiencing domestic violence compared to 36% of housewives. Surprisingly, those contributing less financially were significantly less at risk of DV. DV was found to be more prevalent among working women than homemakers, with higher rates observed across all zones, especially among nonskilled laborers.
• Women in arranged marriages experienced DV at twice the rate of those in love marriages, while those in mixed marriages(love marriages settled by elders) faced three times the risk. Additionally, DV decreased as the duration of marital life increased.
• The study revealed that the prevalence of domestic violence was significantly two times higher when the husband was an alcoholic compared to those with non-alcoholic husbands. However, DV was also reported in homes where the husband was not alcoholic. Additionally, women whose husbands engaged in betting and gambling were found to be significantly five times more at risk of DV compared to those with husbands not involved in such habits.

Therefore, it is evident that the factors such as lower household income, illiteracy, belonging to a lower caste, and having a partner who drinks or gambles were identified as significant risk factors, increasing the likelihood of domestic violence against women in India.     

STATISTICAL DATA ON DOMESTIC VIOLENCE

Today, domestic violence remains a prevalent issue across India, transcending caste, class, religion, age, and education[8]. National Family Health Survey(NFHS) conducted between 2006 and 2019 consistently reveal a growing incidence of spousal violence in India, with certain regions experiencing notable fluctuations. While states such as Himachal Pradesh, Sikkim, Maharashtra, and the newly formed union territories of Jammu and Kashmir and Ladakh displayed a temporary decline during 2015-16, they subsequently experienced a significant increase in 2019[9].  Of particular concern are states like Karnataka, which demonstrate a persistent upward trajectory in the percentage of women facing domestic violence. Recent data from the fifth NFHS (2019-21) highlight that Karnataka, Bihar, and Manipur remain the states with the highest rates of spousal violence in the country.

Effectively addressing social issues like domestic violence requires precise legal and policy interventions or community engagement, which in turn necessitate an accurate

Figure 1: Spousal Violence among married women (15-49 years) in India[10]

assessment and comprehension of the situation. However, gathering trustworthy, valid, and ethical data on domestic violence presents significant challenges due to the sensitive nature of the issue. These challenges include difficulties in obtaining correct and comprehensive information, ensuring ethical considerations, and safeguarding the safety and confidentiality of both respondents and interviewers, particularly when disclosing instances of violence. Nevertheless, the NFHS surveys address these concerns adeptly by adhering to both Indian and international guidelines, such as the WHO ethical guidance for research on domestic violence against women (2001), to ensure the ethical collection of data on violence.

DISCREPANCIES BETWEEN REPORTED CASES AND ACTUAL INCIDENTS OF DOMESTIC VIOLENCE

The National Crime Records Bureau (NCRB) reports that 30.9% of all domestic violence cases against women are registered under Section 498A of the Indian Penal Code. This section protects married women from husbands and their relatives from cruelty. However, domestic violence is systematically under-reported due to reasons like embarrassment, financial dependency, fear of retaliation, victim-blaming, and bureaucratic procedures. Comparing NCRB data with the National Family Health Survey (NFHS-5) can help determine the extent of under-reporting of domestic violence incidents in India.

It is crucial to note that NFHS responses may be influenced by biases, especially when the survey is conducted in the presence of other household members or if the respondent is uncertain about the repercussions of her answers. Nevertheless, because NFHS doesn’t involve inhibiting factors linked to the formal filing of complaints, the likelihood of underreporting is expected to be lower compared to statistics derived from the NCRB.

NFHS-5 sheds light on the concerning prevalence of domestic violence across various states in India (refer to figure 2). In Karnataka, 44% of surveyed women reported experiencing spousal violence, with similarly high rates in Bihar (40%), Manipur (39.6%), Telangana (36.9%), Assam (32%), and Andhra Pradesh (30%). Conversely, states like Lakshadweep (1.3%), Nagaland (6.4%), Goa (8.3%), and Himachal Pradesh (8.3%) exhibit the lowest levels of violence among those surveyed.

A comparison of these figures with the proportion of women filing complaints under Section 498A of the IPC reveals significant underreporting in 14 out of the 20 surveyed states, accounting for 70% of the total. Notably, reporting is as low as 0 in Lakshadweep and Nagaland under Section 498A, contradicting the indications from NFHS-5. Bihar, Karnataka, and Manipur demonstrate the most significant under-reporting, with domestic violence prevalence surpassing 40%, while reporting remains below 8%. In contrast, Assam, Andhra Pradesh, Kerala, Telangana, Tripura, and West Bengal exhibit higher percentages of case filings compared to self-reported incidences of domestic violence.

Figure: 2

Blue indicator – No. of cases filed under section 498A of the IPC –  Cruelty by Husband or His Relatives divided by the women’s population in lakhs.

Red indicator –  Percentage of ever-married women aged 18-49 years who had experienced spousal violence reported in the survey[11]

It’s crucial to note that NCRB differs from NFHS-5 by encompassing cases filed by women beyond the 18-49 age range and those against the spouse’s relatives, not just the spouse as covered by NFHS-5. With NCRB 2019 having a broader scope, including a wider demographic and familial spectrum, encompassing a wider range of cases, the issue of underreporting demands immediate attention. Numerous analysts worldwide highlight the difficulties in accurately assessing the true extent of domestic violence due to underreporting. In recent years, India has seen a shift in reporting behavior, spurred by initiatives like the centrally sponsored Sakhi scheme[12], introduced following the 2012 Nirbhaya Rape case. In states like Telangana and Maharashtra, these crisis centers have emerged as primary platforms for women to disclose instances of abuse.

COMPARISON TO GLOBAL TRENDS

Domestic violence transcends borders, affecting millions worldwide. The Declaration on the Elimination of Violence Against Women emphasizes the need for research, data collection, and statistical analysis, particularly regarding domestic violence. It calls for understanding the various forms, causes, severity, and outcomes of violence against women, as well as evaluating the effectiveness of prevention and intervention measures. However, despite these recommendations, obtaining accurate statistical information on global domestic violence remains challenging[13].

The World Health Organization reports that one in three women globally endures physical or sexual violence at some point in their lives, mirroring the situation in India. This stark reality underscores that domestic violence is a pervasive global concern cutting across diverse societies and cultures. The COVID-19 pandemic exacerbated this issue, amplifying domestic violence cases globally due to lockdowns and economic strain. The United Nations notes a troubling 20% surge in such cases since the pandemic’s onset[14].

Emotional abuse emerges as the predominant form of domestic violence worldwide, closely followed by physical and sexual abuse, paralleling the scenario in India. Notably, women in rural areas, along with those possessing lower educational and income levels, remain disproportionately affected by domestic violence on a global scale, echoing the socio-economic disparities observed within India.

The WHO Multi-country Study on Women’s Health and Domestic Violence against Women (WHO 2010)[15] conducted interviews with 24,000 women aged 15 to 49 across 15 sites and 10 countries, including Bangladesh, Brazil, Ethiopia, Japan, Peru, Namibia, Samoa, Serbia and Montenegro, Thailand, and the United Republic of Tanzania. Key findings reveal that between 1% and 21% reported experiencing child sexual abuse before age 15, while physical abuse by a partner was reported by 13% to 61% of interviewees. Additionally, sexual violence by a partner was reported by 6% to 59% of interviewees, and sexual violence by a non-partner after age 15 was reported by 0.3% to 11.5% of interviewees. These findings highlight the prevalence of various forms of domestic violence across different regions and underscore the urgent need for interventions and support systems to address this pervasive issue.

CHALLENGES IN COLLECTING ACCURATE DATA

Concerns about potential retaliation or breaches of privacy may discourage victims from reporting incidents. It’s crucial to implement specific measures to protect the safety of both respondents and field staff. Failing to do so not only jeopardize the quality of the data but also puts participants at risk of physical and emotional harm. The World Health Organization has established safety and ethical guidelines for conducting research on domestic violence[16] and trafficking[17], focusing on ensuring interview privacy and confidentiality, offering specialized training to interviewers on gender-related issues, providing information and referrals to at-risk respondents, and furnishing emotional and technical support to field staff. These measures are crucial for conducting ethical and effective research in sensitive areas like violence against women, emphasizing the importance of prioritizing participant safety while gathering essential data[18].

Considerable advancements have been achieved in conducting comprehensive surveys to assess the prevalence and consequences of violence against women in developed and developing nations. These surveys typically yield reliable and valid estimates, often at the national or regional scale. However, minority or refugee women frequently remain underrepresented in large national surveys, particularly those administered solely in the predominant local language and confined to household settings.

Population-based household surveys may not effectively capture rare occurrences or specific forms of violence against women or those occurring within specific, overlooked populations. This poses a challenge in obtaining accurate data on domestic violence.

In service-based data, the quality and availability of data on violence differ significantly. Service agencies, not primarily focused on data collection, often provide non-systematically gathered, non-standardized data. This data may exhibit weak quality, inconsistency over time, and limited representation of the populations they aim to describe. Common issues include double counting of women seeking services from the same or multiple agencies, leading to inaccurate estimations[19]. These challenges stem from insufficient training, resources, and capacity, along with poor coordination and support among agencies.

Some countries possess information from diverse sources, although additional efforts are required to collect comprehensive violence-related statistics. In contrast, countries having poor resource settings face more significant challenges in collecting service-based data on violence.

Addressing these challenges requires a multifaceted approach that involves raising awareness, delivering culturally sensitive support services, enhancing resource accessibility, and confronting societal norms that sustain domestic violence and inhibit reporting.

RECOMMENDATIONS FOR IMPROVING DATA COLLECTION AND REPORTING

To enhance data collection on violence against women, the expert group proposes several recommendations[20]:

1. National governments should promote further research and data collection, on all forms of violence against women, by various stakeholders such as national statistics offices, government agencies, research institutions, NGOs, and international organizations.
2. Develop and disseminate methodological guidelines to assist countries in designing sustainable national surveys on violence against women.
3. Ensure data collection, processing, and dissemination align with the Fundamental Principles of Official Statistics, with data made accessible to researchers and policymakers post-research.
4. Utilize multiple methods in surveys to measure various forms of violence comprehensively, including physical, sexual, emotional, and economic violence, as well as violence from different perpetrators, institutional violence, and harmful traditional practices. Incorporate behaviorally specific questions whenever possible to gather detailed information about violent victimization.
5. Researchers and national statistics offices should prioritize minimizing risks to both respondents and interviewers, guided by the fundamental ethical principle of “Do no harm.” If such efforts prove unfeasible, data collection should be reconsidered.
6. Specialized measures should be implemented to enhance the protection of respondents and interviewers.
7. Efforts must be concentrated on bolstering national statistical and research capacities for gathering data on violence against women, both through specialized surveys and routine data collection procedures.
8. Findings should be disseminated in diverse formats accessible to various audiences, without suppression or censorship. Entities collecting data on violence against women are duty-bound to share their findings with the government and civil society, utilizing the data for awareness campaigns and the formulation of programs and policies aimed at preventing and addressing all forms of violence against women.

CONCLUSION

Addressing the disparity between reality and statistical representations of domestic violence in India is imperative for achieving Sustainable Development Goal 5 and eliminating violence against women. Enhancing data collection capacity and resolving issues of underreporting and unreliability are crucial steps in this journey. To bridge these gaps, proactive measures such as strengthening law enforcement efforts, fostering awareness about gender equality and women’s rights from an early age, conducting regular legal literacy camps, and disseminating information about relevant NGOs and governmental organizations can empower individuals to recognize and report instances of domestic violence. Sensitizing healthcare providers and policymakers to address the needs of survivors is vital for ensuring the proper enforcement of existing laws safeguarding women’s rights. Ultimately, the establishment of Women’s Commissions at district and lower levels, coupled with widespread sensitization programs, will contribute to a more supportive environment for survivors and a concerted effort towards eradicating domestic violence in India.

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[1] Rakhi Dandona, Domestic violence in Indian women: lessons from nearly 20 years of surveillance, (Jan 31, 2024, 10:00 PM),https://bmcwomenshealth.biomedcentral.com/articles/10.1186/s12905-022-01703-3.

[2] Dowry Prohibition Act 1961, Ministry of Women & Child Development, https:// wcd.nic.in/act/dowry-prohibition-act-1961

[3] Ministry of Health and Family, Welfare National Family Health Survey 4, State Fact Sheet (Ministry of Health and Family Welfare 2014-15),http://rchiips.org/nfhs/ factsheet_nfhs-4.shtml.

[4] Legal reference, https://legalreferencer.in/laws-related-to-domestic-violence-in-india/?amp=1#What_are_the_LAWS_RELATED_TO_DOMESTIC_VIOLENCE_IN_INDIAACTS_RELATED_TO_DOMESTIC_VIOLENCE_IN_INDIA, (last accessed Jan 31, 2024).

[5] Domestic Violence Against Women: Notion and Issues, Chapter 1, https://inflibnet.ac.in, (last accessed Jan 31, 2024 at 7:30 PM).

[6] V. Basil Hans & Wajeeda Bano, Domestic Violence In India: An Analysis, SSRN, (Jan 30, 2024, 10:30 PM),https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3367722, pp.462.

[7] Mahapatro & others, The Risk Factor of Domestic Violence in India, IJCM, Pp: 153-157, https://journals.lww.com/ijcm/fulltext/2012/37030/the_risk_factor_of_domestic_violence_in_india.4.aspx#:~:text=Women%20who%20have%20a%20lower,risk%20of%20experiencing%20domestic%20violence.

[8] Nata Duvvury, compiled, Domestic Violence in India: A Summary Report of Three Studies (1999) International Center for Research on Women and The Centre for Development and Population Activities, https://www.icrw.org/wp-content/ uploads/2016/10/Domestic-Violence-in-India-1-Summary-Report-of-ThreeStudies.pdf

[9] SHOBA SURI & 2 others, Domestic Violence and Women’s Health in India: Insights from NFHS-4, ORF (July 21, 2023),  https://www.orfonline.org/research/domestic-violence-and-women-s-health-in-india-insights-from-nfhs-4.

[10] Ibid.

[11]The Wire, Decoding The Extent To Which Domestic Violence Is Under-Reported In India,

 https://thewire.in/women/domestic-violence-india-underreported, (last accessed Jan 31, 2024 at 11:30 AM).

[12] Sakhi – One Stop Centre Scheme, Ministry of Women and Child Development, 2017.

[13] Domestic Violence Against Women: Notion and Issues, Chapter 1, https://inflibnet.ac.in, (last accessed Jan 31, 2024 at 5:30 PM).

[14] Rishabh Modi, Domestic Violence Statistics in India, https://naad.org.in/domestic-violence-statistics-in-india/, (last accessed Jan 31, 2024 at 6:30 PM).

[15] Ibid.

[16] WHO Putting Women First: Ethical and Safety Guidelines for Research on Violence against Women, Geneva: WHO, 2001.

[17] WHO, LSHTM and EC. WHO Ethical and Safety Recommendations for Interviewing Trafficked Women. Geneva: WHO, 2003

[18] Violence Against Women: A Statistical Overview, Challenges And Gaps In Data Collection And Methodology And Approaches For Overcoming Them, https://www.un.org/womenwatch/daw/egm/vaw-stat-2005/docs/final-report-vaw-stats.pdf, (last accessed Jan 31, 2024 at 8:30 PM).

[19] Ibid.

[20] Violence Against Women: A Statistical Overview, Challenges And Gaps In Data Collection And Methodology And Approaches For Overcoming Them, https://www.un.org/womenwatch/daw/egm/vaw-stat-2005/docs/final-report-vaw-stats.pdf, (last accessed Jan 31, 2024 at 8:30 PM).

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