DOMESTIC VIOLENCE

This article is written by Shiny Raza of Chhatrapati Shahu Ji Maharaj University, an intern under Legal Vidhiya

Abstract

Domestic violence is a serious social issue that affects millions of people worldwide. It refers to any form of abusive behaviour that takes place in the context of an intimate relationship, such as physical, emotional, sexual, or financial abuse. Domestic violence can have severe and long-lasting effects on victims, including physical injuries, psychological trauma, and even death.

The root causes of domestic violence are complex and can vary from individual to individual. However, common risk factors include a history of abuse or violence, substance abuse, mental health issues, and power imbalances in the relationship. Domestic violence is not limited to a particular gender or age group, although women and children are more likely to be victims.

Preventing and addressing domestic violence requires a comprehensive approach that includes education, prevention, intervention, and support services for victims. It is crucial to raise awareness about the issue, promote healthy relationship skills, and provide resources for victims to seek help and safety. Effective solutions also involve holding perpetrators accountable for their actions and promoting laws and policies that protect victims and punish abusers.

Keywords

Domestic, violence, mental, physical, women, education

Introduction

Domestic violence is a pattern of abusive behaviour that occurs within a relationship or household. It can take many forms, including physical, sexual, emotional, psychological, and financial abuse. Domestic violence can happen to anyone, regardless of age, gender, sexual orientation, or social status.

The effects of domestic violence can be devastating and long-lasting, impacting not only the victim but also their children, family members, and friends. Victims of domestic violence may experience physical injuries, trauma, fear, depression, anxiety, and low self-esteem. They may also struggle with financial insecurity, social isolation, and difficulty maintaining healthy relationships.

Domestic violence is a serious issue that requires attention from individuals, communities, and governments. It is important to understand the signs of domestic violence, how to seek help, and how to support victims. By working together to raise awareness, provide resources, and advocate for change, we can help prevent and end domestic violence.

Meaning of Domestic Violence

Domestic violence refers to 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. This type of violence can occur in any intimate relationship regardless of gender, age, sexual orientation, race, or religion.

The World Health Organization (WHO) defines domestic violence as “any behaviour within an intimate relationship that causes physical, psychological, or sexual harm to those in the relationship, including acts of physical aggression, psychological abuse, and forced sexual activity.”

The National Domestic Violence Hotline defines domestic violence as “a pattern of behaviours used by one partner to maintain power and control over another partner in an intimate relationship. These behaviours can take many forms, including physical violence, emotional abuse, sexual assault, and financial abuse.”

The Centres for Disease Control and Prevention (CDC) defines intimate partner violence (which includes domestic violence) as “physical violence, sexual violence, stalking, and psychological aggression (including coercive acts) by a current or former intimate partner.”

According to the United States Department of Justice Office on Violence Against Women, the definition of domestic violence is a pattern of abusive behaviour in any relationship that is used by one partner to gain or maintain control over another intimate partner. 

Overall, domestic violence is a serious issue that can have devastating and long-lasting effects on the victims and their families. It is important to recognize the signs of domestic violence and to seek help if you or someone you know is experiencing abuse.

Form of Domestic Violence

Here are some of the types of domestic violence:

1. Physical abuse: It involves using force to harm or injure someone, such as hitting, punching, slapping, choking, pushing, or using weapons.

• Sexual abuse: It involves any form of unwanted sexual contact or coercion, including rape, sexual assault, or forcing someone to engage in sexual acts.
• Emotional or psychological abuse: It includes using words, actions, or behaviours to control, manipulate, or belittle someone, such as name-calling, insulting, threatening, or isolating them from family or friends.
• Financial abuse: It involves controlling or limiting someone’s access to financial resources, such as withholding money or preventing them from working.
• Stalking: It involves repeated and unwanted attention, communication, or contact that causes fear or intimidation.
• Spiritual abuse: It involves using religion or spirituality to control or manipulate someone, such as using religious teachings to justify abusive behaviour or preventing someone from practicing their faith.

It’s worth noting that domestic violence can take many different forms and can vary in severity. If you or someone you know is experiencing any form of domestic violence, it’s important to seek help and support from trained professionals.

Effects of Domestic Violence

Domestic violence can have profound and long-lasting effects on individuals, families, and communities. Here are some of the effects of domestic violence:

1. Physical injuries: Domestic violence often results in physical injuries, such as bruises, broken bones, and cuts. In severe cases, it can lead to death.

• Psychological effects: Domestic violence can cause psychological trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD). Victims may also develop low self-esteem, self-blame, and feelings of shame.
• Social isolation: Domestic violence can lead to social isolation as victims may feel embarrassed or ashamed to seek help. They may also fear retaliation from their abusers.
• Economic effects: Domestic violence can have economic effects as it may result in missed work, lost income, and medical expenses.
• Relationship problems: Domestic violence can damage relationships with family members, friends, and co-workers. It can also lead to difficulties in future relationships.
• Substance abuse: Domestic violence victims may turn to substance abuse as a way to cope with the trauma.
• Impact on children: Children who witness domestic violence can suffer from psychological and emotional trauma, which can affect their social and academic development.

It is important to recognize the severity and impact of domestic violence and to provide support and resources to victims.

Management

Domestic violence is a serious problem that affects individuals, families, and communities worldwide. Managing domestic violence requires a multi-faceted approach that involves various stakeholders, including law enforcement, healthcare professionals, social workers, and community organizations.

Here are some steps that can be taken to manage domestic violence:

1. Prevention and Awareness: It is essential to raise awareness about domestic violence and its consequences. This can be done through public education campaigns, community outreach, and training programs for law enforcement officers, healthcare professionals, and other stakeholders.

• Support Services: Providing support services to victims of domestic violence is crucial. This can include shelters, hotlines, counseling, legal assistance, and medical care. These services should be readily available and accessible to victims of domestic violence.
• Law Enforcement: Law enforcement agencies play a critical role in managing domestic violence. They must respond quickly and effectively to reports of domestic violence and take appropriate action to protect victims and hold perpetrators accountable.
• Intervention Programs: Intervention programs can help perpetrators of domestic violence change their behaviour and prevent future incidents. These programs can include counselling, anger management, and other forms of therapy.
• Collaboration and Coordination: Managing domestic violence requires a collaborative approach involving multiple stakeholders. Collaboration and coordination between law enforcement agencies, healthcare professionals, social workers, and community organizations are essential to effectively manage domestic violence.

It is important to recognize that managing domestic violence is a complex issue that requires a long-term and multifaceted approach. All stakeholders must work together to address this issue and ensure the safety and well-being of victims of domestic violence.

Prevention

Domestic violence is a serious problem that affects people of all ages, genders, and backgrounds. While there is no surefire way to prevent domestic violence entirely, there are steps that individuals and communities can take to reduce its incidence and mitigate its impact. Here are some strategies that can help prevent domestic violence:

1. Education and awareness: Education and awareness campaigns can help people understand the nature of domestic violence, its effects on victims and families, and the resources available to those who are affected.

• Early intervention: Early intervention is crucial in preventing domestic violence. Healthcare professionals, teachers, and social workers can be trained to recognize the signs of domestic violence and intervene early to prevent escalation.
• Support for victims: Providing support for victims of domestic violence is crucial. This can include access to shelters, counselling, legal services, and other resources that can help victims leave abusive situations and rebuild their lives.
• Holding perpetrators accountable: Perpetrators of domestic violence must be held accountable for their actions. This can involve criminal prosecution, civil remedies, and other legal actions.
• Encouraging healthy relationships: Promoting healthy relationships and modelling positive behaviours can help prevent domestic violence. This can include teaching conflict resolution skills, encouraging communication and empathy, and promoting respect and equality in all relationships.
• Addressing underlying issues: Addressing underlying issues such as substance abuse, mental health issues, and socioeconomic factors can help prevent domestic violence.

By taking these steps, individuals and communities can work together to prevent domestic violence and promote healthy, safe, and respectful relationships.

Case Laws

Satish Chander Ahuja V. Sneha Ahuja(2020)[1]

The Satish Chander Ahuja vs Sneha Ahuja case is a landmark judgment that was delivered by the Supreme Court of India in November 2020. The case was primarily related to the interpretation of Section 12 of the Protection of Women from Domestic Violence Act, 2005.

Background of the Case:

In this case, the husband, Satish Chander Ahuja, had filed a petition in the Punjab and Haryana High Court seeking the quashing of a complaint that was filed by his wife, Sneha Ahuja, under the Domestic Violence Act. The High Court dismissed the petition, following which the husband appealed to the Supreme Court.

Main Issues in the Case:

The main issue in the case was the interpretation of Section 12 of the Domestic Violence Act, which deals with the procedure for obtaining a protection order. The husband contended that Section 12(5) of the Act, which provides for the issuance of a notice to the respondent before the order is passed, was mandatory. He argued that since no notice was issued to him before the order was passed, the order was invalid.

On the other hand, the wife argued that Section 12(5) was only directory and not mandatory. She contended that the purpose of the provision was to give an opportunity to the respondent to be heard, but the absence of notice did not render the order invalid.

Judgment:

The Supreme Court, after considering the arguments of both parties, held that Section 12(5) of the Domestic Violence Act was directory and not mandatory. The Court observed that the purpose of the provision was to ensure that the respondent has an opportunity to be heard before the order is passed, but the absence of notice did not make the order invalid.

The Court also observed that the Domestic Violence Act was enacted to provide protection to women who are victims of domestic violence. The Court emphasized that the Act must be interpreted in a manner that promotes the rights of women and protects them from domestic violence.

Significance:

The judgment in the Satish Chander Ahuja vs Sneha Ahuja case is significant as it clarifies the interpretation of Section 12(5) of the Domestic Violence Act. The Court has held that the provision is only directory and not mandatory, which means that the absence of notice to the respondent before passing the protection order does not make the order invalid.

The judgment also highlights the importance of protecting women from domestic violence and upholding their rights. The Court has emphasized that the Domestic Violence Act must be interpreted in a manner that promotes the rights of women and protects them from domestic violence.

Conclusion

Domestic violence is a serious problem that affects individuals, families, and communities around the world. It refers to any pattern of behaviour in which one person in a domestic relationship tries to control or dominate the other through physical, emotional, or sexual abuse. It can occur in intimate partner relationships, as well as in other family relationships.

Domestic violence is not only a violation of human rights but also a major public health issue, with serious physical and mental health consequences for victims. It can also have a significant impact on children who witness or experience it, leading to long-term psychological, behavioural, and health problems.

Despite efforts to prevent and address domestic violence, it remains a pervasive problem. It is important to recognize the signs of domestic violence and to seek help and support for victims. This includes encouraging victims to speak out, providing them with access to resources and services, and holding perpetrators accountable for their actions.

Prevention efforts must also focus on promoting gender equality and addressing the root causes of violence, such as harmful gender norms and attitudes, social and economic inequalities, and lack of access to education, health care, and other resources. By working together, we can create a world where everyone can live free from violence and fear.

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[1] Reference cases: S.R. Batra v Taruna Batra, (2007) 3 SCC 169

Vinay Verma v. Kanika Pasricha & ANR r