This article is written by Smriti Jha of Lloyd Law College, Greater Noida, an intern under Legal Vidhiya.
ABSTRACT
The pattern of aggressive behaviour employed by one person to exert authority and control over a current or past intimate partner, family member, or other individual is referred to as domestic violence. Any form of physical, emotional, sexual, or financial abuse can occur in various Relationships, Such as spouse, partner, parents, and children. domestic violence is a major problem that affects people of all sexes, ages, and socioeconomic status. Victims of domestic violence can suffer terrible, lasting impacts. Raising awareness, assisting victims, and working to stop and treat domestic violence in our communities are all important. Domestic violence is a delicate and complicated problem affecting millions worldwide. The way data is gathered, how the problem is viewed in society, and how it is covered in the media all affect how statistics about domestic violence compare to the reality of the situation.
Surveys, reports from law enforcement, and data from domestic violence shelters and support groups are frequently used to compile statistics on domestic violence.
Keywords: Aggressive behaviour, Authority and control, Abuse, Domestic violence.
INTRODUCTION
Domestic abuse or violence refers to any abuse or violence that occurs in a marriage or other close connection. Domestic violence can occur within a relationship or between a former spouse or partner and is often used as a context for a relationship partner’s bad actions committed by one of them in an intimate relationship against the other. In its broadest definition, domestic violence also includes acts of aggression directed toward young people, elderly people, or parents. The phrase is frequently used to refer to physical abuse of women by their male partners, but it is also occasionally used to refer to abuse of men by their female lovers, as well as abuse of both men and women by same-sex partners.
Important features of domestic Violence include:
Forms of Domestic Abuse:
Physical abuse is physical violence, such as beating, slapping, kicking, or using force.
Verbal/Abusive Behaviour: Constantly abusing the victim’s dignity by threatening, abusing, or humiliating them.
Psychological Abuse: Gaslighting (causing the victim to doubt reality), coercion, and isolation from friends and family are examples of psychological abuse.
Sexual abuse involves pressuring preventing them from accessing money, or obstructing their ability to pursue a job or education are all examples of financial abuse.
Domestic violence frequently occurs in a cycle that starts with tension growing, ends with an acute violent incident, and then there is a tranquil period (also referred to as the “honeymoon phase”). Over time, this cycle. It can continue by creating a pattern of exploitation. Victims of domestic violence may experience severe and long-lasting impacts on their physical and mental health. Injury, mental health problems (such as anxiety and sadness), and in severe circumstances, even death, can result from it.
Reporting Obstacles: Many victims encounter obstacles when trying to report domestic violence, such as fear of revenge, worry for their safety, financial dependence on the abuser, embarrassment, cultural or religious issues, and a lack of resources or support.
Resources and Support: There are many organizations, shelters, hotlines, and support services available.
Legal Consequences: Domestic violence victims are protected and abusers are held guilty under numerous local laws. Restrictive covenants, urgent protection orders, and criminal prosecutions are some examples of these laws.
A multifaceted strategy including individuals, communities, and governments is needed to address domestic violence. Education about gender equality, the promotion of healthy relationships, and combating negative attitudes and behaviours are all part of prevention initiatives. In order to stop the cycle of violence and make society a safer place for everyone, it is crucial to help survivors, provide safe spaces, and raise awareness.
Victims Of Domestic Violence
Women form the largest group of victims. But anyone can become a victim of domestic abuse, including men, kids, and the elderly. Domestic abuse affects all areas of society and all demographics.
For instance, there are occasions when people are unable to continue taking care of their loved ones. As the situation gets worse, abuse might then occur.
Abuse is frequently, but not always, intentional. For instance, there are times when continuing to care for a loved one is challenging. Abuse may then occur as things worsen. [1]
Domestic Violence: The Difference Between the Statistics and the Real Picture
According to the research, domestic violence is a major cause of the victim’s physical and mental illness and is present to some extent in every community around the globe. However, the figures on the prevalence or number of domestic violence cases reported are much lower.
According to studies, teenagers with psychiatric disorders—both male and female—were significantly more likely to be in abusive adult relationships.
In addition, research from clinical investigations and general population surveys has shown a link between binge drinking and aggressive behaviour, namely aggression towards a close partner. According to the survey, violence against women increased when males began to spend more time in their individual homes.
Violence against women: the statistics
Gender-based violence, according to research, impacts women and girls in every community on Earth.
Around 47,000 (58%) of the 81,000 women and girls killed worldwide in 2020 perished at the hands of a close friend or relative. This equates to one death every 11 minutes on average.
The majority of violence against women and girls comes from intimate partners and family members, and it often starts when they are young.
According to studies, by the time they are in their mid-twenties, one in four young women (aged 15 to 24) who have been in a relationship will have already been the sufferer of intimate partner abuse[2]
However, it is crucial to keep in mind that violence is underreported and that the full scope of the issue is merely unknown. According to statistics, nearly half of women who have experienced violence have never disclosed it to anybody.
Laws Related to Domestic Violence
- Protection of Women against Domestic Violence 2006
· This law was adopted in light of the rights given under Articles 14, 15, and 21 of the Constitution to provide for a civil remedy to protect women from becoming victims of domestic violence and to prevent domestic violence from occurring in society. On the other hand, this Act surely became a public example of injustice by establishing huge machinery for the abuse of women.
· For a violation of the Act, a penalty of up to one year in prison and/or a fine of up to
Rs. 20,000/- is imposed. Section 31 makes the offence cognizable and non-bailable, while Section 32 (2) goes even further, stating, “The court may infer that the accused has committed an offence based only on the testimony of the aggrieved person.”
· Section 498 A of the Indian Penal Code, 1860, is a godsend for battered women in domestic abuse cases. According to Section 498A, anyone who subjects a woman to cruelty in their capacity as the husband’s spouse or relative faces a fine and a sentence of up to three years in jail.
· This provision protects women from physical and emotional abuse by their in-laws. Many of these cases, however, have been proven to be fake, and they are now being used to harass spouses and their relatives. In these situations, cruelty is usually excused under the guise of dowry. When the bride brought a lot of gifts to the wedding, it’s easy to prove that her in-laws expected a dowry. Sometimes husbands are charged with dowry theft, assault, and other crimes. The 1961 Dowry Prohibition Act.
· In India, the issue of Dowry has prevailed for a long time. The Act was enacted in order to specifically provide provisions for Dowry Harassment and various other aspects related to Dowry. The Dowry Prohibition Act of 1961, Section 2, prohibits the direct or indirect provision or agreement to supply “any property or valued security.” This can be offered by either party to the marriage to the other party, or by a parent of one party to the other party or family of the other party to the marriage, at any time before or after the marriage.
· Accepting and offering dowry are both illegal under Section 3 of the Act. This means that if the bride’s family wants a dowry and the groom’s family accepts, both parties are accountable under the Act. The person might face up to five years in prison and a punishment of not less than 15,000 or the amount of dowry, whichever is greater.
· The punishment for dowry demand is dealt with in Section 4 of the Act. Any person who directly or indirectly seeks dowry from the bride or groom’s parents, relatives, or guardians shall be held guilty and punished
with imprisonment ranging from six months to two years, as well as a fine of up to ten thousand rupees.
· The Supreme Court declared in Pandurang Shivram Kawathkar v. the State of Maharashtra that merely demanding a dowry without exchanging it is a crime under Section 4 of the Dowry Prohibition Act.[3]
Relevant Case Laws
Ajay Kumar v. Lata@ Sharuti, (2019)
Justice DY Chandrachud and Hemant Gupta recently declared in the 2019 case of Ajay Kumar v. Lata@ Sharuti that, in accordance with the proviso to section 2(q) of the Protection of Women from Domestic Violence Act, 2005, both an aggrieved wife or a female in a relationship in the nature of a marriage may lodge a complaint against a male partner’s or the husband’s relative, as appropriate. This is definitely a positive move on the part of the judiciary to deal with domestic abuse cases by broadening its purview.
Preeti Gupta v. State of Jharkhand
Wherein the complainant brought a lawsuit against all of her husband’s close family members including her father-in-law, husband, and in-laws, before the Chief Judicial Magistrate of Ranchi under Sections 498-A, 406, 341, 323 and 120-B of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act. The court found that the complainant never lived with the accused; therefore, the accusations in the complaint were held to be meant only for the purpose of harassing and humiliating the husband’s relatives.
Rajesh Kumar and others v. the State of U.P, (2017)
In this case, it was decided that no one would be arrested until the committee gave the complainant justice and that the court had directed the creation of a “Family Welfare Committee. In order to safeguard the innocent party, in this case, the husband, as well as their family, Section 498A of the IPC, was addressed by the “Family Welfare Committee.” The main objective of the committee is to distinguish between legitimate and fraudulent cases to help victims of bogus complaints by doing so. The defendant who wasn’t in the jurisdiction is required to attend court via video conference and cannot be excused from making personal appearances.
V.D. Bhanot v. Savita Bhanot, (2012)
In accordance with the Delhi High Court’s explanations, the Supreme Court issued a decision that read: “The Delhi High Court, in our opinion, has also properly decided that even a wife who had previously shared a household but was not doing so at the time they would still be eligible for protection under the Domestic Violence Act of 2005 whenever it went into force.
According to the Supreme Court’s decision, which followed the HC’s arguments, In addition, we think the Delhi High Court made the right call-in ruling that even a wife who had previously shared a household but wasn’t doing so at the Act went into effect would still be entitled to the protection of the Domestic Violence Act, 2005.
The court gave the petitioner a sufficient portion of her residence and 10,000 rupees per month for her support due to the respondent’s senior age. Because the Act was intended to protect women from abuse, it should be interpreted in favour of those who are victims of domestic violence. The legislature wanted to protect women.
Domestic violence causes
Studies show that people with psychiatric problems are more prone than people without such diseases to commit acts of domestic abuse. Three out of every five married women experience physical abuse from their partners, including beatings, assaults, and sexual abuse, according to data. Clinical and general public studies have revealed a high correlation between their wives’ binge drinking and abusive behaviour. According to a study, couples who spend more time at home experience greater domestic abuse.
Characteristics of Domestic Violence
Physical violence doesn’t always leave lifelong scars or harm:
· Biting, grabbing, spitting, or scratching.
· Pushing and shoving.
· punching and slapping.
· hurling items at you to threaten or hurt you. Destroying one’s possessions or priceless items.
· causing harm to or threatening to cause harm to your pets or children.
· causing you to feel weary by interfering with your sleep routines.
· Burning.
· Strangling
· using a weapon to assault or threaten to attack.
· any threats or real killing attempts.
How domestic violence laws are misused
Domestic violence laws are frequently employed to harass the husband or any other family member claiming to be his dependent, ensuring that he yields to the illegitimate demands of the alleged victim rather than the other way around. A lot of instances of Section 498A being used largely as a tool for blackmail have unfortunately occurred. It is often abused as a weapon for exacting retribution on whole families because, under this clause, police can arrest anybody named as a tormentor in a married woman’s complaint. ‘Cruelty’ in marriages has been deemed a non-bailable offence, which is cause for complaint. Following that, bail under such circumstances is refused as a basic right.
As a result, old parents and other family members are frequently falsely accused of torturing the so-called victim on a physical and emotional level, leading to unneeded stress that may have a negative impact on the elderly parents’ health as well as the physical and mental well-being of the accused’s family members. Even if the charge is proven false, the accused is humiliated by society. Although poor and uneducated women may have had to put up with the abuse from their husband’s families, many educated women now take advantage of this behaviour for illicit ends.
On the presumption that only really offended women would come forward to register a complaint and that they would always tell the truth, the law was revised and heavily favoured women.[4]
CHANGE IS DEMANDED
Males are undoubtedly physically stronger than women, but in India, it wouldn’t be incorrect to state that women are significantly more powerful than males when it comes to legal rights because they have more laws and rights for protecting themselves even if they are wrong.
It is true that some societal groups, particularly those in rural regions, need to be brought to light when it comes to women’s harassment, but this does not imply that women from other groups will use it as a weapon against males. To put it simply, if harassment committed by a man against a woman is considered to be a crime, then the abuse of a woman’s rights against a man should also be considered to be a crime.
Data Released Related to Domestic Violence in 2020
According to recently released data, women reported domestic violence 1,477 times between March 25 and May 31, 2020. More complaints were filed during this 68-day period than were filed between March and May during the prior ten years combined. According to data released by the NALSA (National Legal Services Authority), there has been a sharp rise in domestic abuse cases as a result of the nationwide lockdown. Over 30% of Indian women have reportedly experienced physical, sexual, or mental abuse at some point in their lives from their husbands or in-laws, according to the NFHS (Nation Family Health Survey).
Domestic violence often takes the form of a guy hurting his wife or girlfriend, but that is by no means the only example. Here are five facts concerning domestic violence and advice on how to seek assistance if it occurs to you.
1) Domestic abuse is more than just physical or sexual violence. Abusers may insult, point the finger, or threaten their partners when it comes to emotional abuse. Even attempting to manage a partner’s finances may be involved.
2) Both women and men can be victims: Any age, background, or financial level might be impacted. And it can occur in any kind of sexual partnership, whether it be gay or heterosexual.
3) There are many warning signs of abuse: Domestic violence victims frequently experience fear of their partner, as though they must approach them cautiously. People who are abused might work hard to avoid making their partner angry, or they may avoid certain topics that seem to be triggers for their partner’s abuse.
Even if someone isn’t violent, it’s still abuse if they:
- They may yell at or put their spouse down. Threaten their partner.
- Try to control what their partner does or constantly check up on their partner.
- Keep their partner from seeing friends or family.
- impose restrictions on their spouse’s use of money, the internet, a phone, or a car
- Blame their partner for their outbursts.
A family member who is being mistreated could experience frequent wounds that they refer to as “accidents.” There is also a lot more other red flag. Your loved one may appear scared or worried about pleasing their mate. They can also have to frequently check in with their partner while they aren’t home, or they might receive unwanted calls or texts from their partner.
4) Abuse is never the victim’s fault: Abusers often blame their victims. They might claim that the abuser’s cruel actions or remarks were “caused” by the victim. But abusers are capable of controlling themselves. It’s not the victim’s responsibility to prevent or fix their partner’s behaviour.
5) Aid is available: You might need some time to gather your courage to end an abusive relationship. Speak with a trusted friend or relative who can assist you in finding a secure place to go. If you think a loved one is being mistreated, tell someone in private and in a secure environment.[5]
Domestic Violence: Relationship Status
The majority of domestic violence laws in force today demand that the State establish an intimate partner or family relationship between the victim and the abuser. State laws acknowledge that victims can be anyone, regardless of sex, race, age, religion, sexual orientation, gender identity, or socioeconomic status, despite the fact that the majority of victims of domestic abuse are women., or education level.
- The precise requirements for the offence of domestic abuse are outlined in each state’s laws. Today, the majority of governments recognise any of the following domestic or family relationships:
- Spouses and former spouses
- Intimate partners who have lived together
- Parents with children in common
- Children
- Related cohabitants[6]
Conclusion
The discussion and study cited above make it abundantly clear that, despite the great frequency of domestic violence in today’s society, victims’ perceptions of the law and strict measures against it are quite low. Consequently. Therefore, with the aid of the Domestic Violence Act of 2005, ongoing efforts must be made to increase public awareness of the need to report instances of domestic violence.
By doing this research, we will acquire a better understanding of the current situation of domestic violence in the nation and how we can address this issue by offering adequate protection and compensation to the victims. In fact, unlike in the instance of sexual abuse, the laws in place today do not sufficiently punish domestic violence offenders. Therefore, it is essential that we create thorough law that addresses all types of domestic abuse, not only physical ones.
References
- https://www.government.nl/topics/domestic-violence/what-is-domestic-violence Last seen on 3/08/2023
- https://www.actionaid.org.uk/ Last seen on 3/08/2023
- Jonita, Domestic Violence – Difference between the Statistics and the Real Picture, Volume no. 11 |International Journal of Science and Research (IJSR)|, Starting page-401 Cited page -402 (2022), https://www.ijsr.net/archive/v11i7/SR22629113050.pdf, Last seen on 4/08/2023
- https://blog.ipleaders.in/top-10-domestic-violence-cases/#Kamlesh_Devi_v_Jaipal_and_Ors_2019 Last Seen on 4/08/2023
- https://www.bassett.org/news/domestic-abuse-5-facts-everyone-should-know Last seen on 5/08/2023
- https://www.findlaw.com/family/domestic-violence/what-is-domestic-violence.html Last seen on 5/08/2023
[1] https://www.government.nl/topics/domestic-violence/what-is-domestic-violence Last seen on 3/08/2023
[2] https://www.actionaid.org.uk/ Last seen on 3/08/2023
[3] Jonita, Domestic Violence – Difference between the Statistics and the Real Picture, Volume no. 11 |International Journal of Science and Research (IJSR)|, Starting page-401 Cited page -402 (2022), https://www.ijsr.net/archive/v11i7/SR22629113050.pdf , Last seen on 4/08/2023
[4] https://blog.ipleaders.in/top-10-domestic-violence-cases/#Kamlesh_Devi_v_Jaipal_and_Ors_2019 Last Seen on 4/08/2023
[5] https://www.bassett.org/news/domestic-abuse-5-facts-everyone-should-know Last seen on 5/08/2023
[6] https://www.findlaw.com/family/domestic-violence/what-is-domestic-violence.html Last seen on 5/08/2023
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