UNDERSTANDING DOMESTIC VIOLENCE IN INDIA

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This article is written by Mrigha Mahajan of 3^rd Semester of The Law School, University of Jammu, an intern under Legal Vidhiya

ABSTRACT

Domestic abuse against women has become an alarming issue worldwide. Women make up for half the population but are deprived of their rights. Even though we live in the twenty first century , women still struggle to fight for equal rights as men. Violence against women is widespread in India. A study conducted by Harvard on domestic abuse in India found that children beaten up by their fathers were 21% more likely to pass away under the age of five. Indian society makes domestic abuse unseeable and leaves it under the shadow of emotions of guilt and embarrassment. Women do not speak up about the abuse that they go through because of family honor and shame. Domestic violence is present in all cultures. Women belonging to different socio-economic backgrounds, religions and race experience some kind of domestic violence. There are certain legal provisions present for protecting and granting relief to the victims of domestic violence in India but there is a need for proper implementation of these legal provisions.

KEYWORDS: Domestic violence, Domestic abuse, inequality, harassment, anxiety, depression.

INTRODUCTION

The history of domestic abuse dates back to the beginning of times. The Roman Civilization considered women of low esteem and were extremely sexist. If a married women was found having sexual relationships with another man, she was punished on grounds of adultery but if a man was found doing the same act, he was declared innocent. Women were not allowed to represent herself in courts. Legal rights were hardly given to women in the ancient Athenian law. In India, women were suppressed from the time Manu wrote the social norms for Hindus. Women were compared to animals. In the epic of Mahabharata, Draupadi was shared among the five Pandavas on the order of their mother. Draupadi married all the five brothers. Women have always been treated as inferior to men . The idea of ‘Ardhangini’ which means half of the body seems to be confined to books only . It has never been implemented in practical life. Social practices like the Sati system and the Pardah system were to be followed by women only. Women have always been subjected to inequality and are considered inferior to men. They have to go through mental, physical and psychological distress as they face domestic abuse.

MEANING

Domestic violence refers to abuse or violence that exists in a domestic or a private setting. The domestic setting can be in form of marriage or cohabitation. Domestic violence is also called intimate partner violence . It is done by one partner on the other . Domestic violence refers to any conduct with the objective of securing power or control over a person in a domestic setting. This person can be a spouse, a family member , or a girlfriend / boyfriend. Anyone can be a victim of domestic violence irrespective of their caste , religion , race , gender , age etc. It can affect anyone irrespective of their educational or socioeconomic background.

FORMS OF DOMESTIC VIOLENCE

Domestic violence can be of various types . It can take many forms . Usually , when people talk about domestic violence, they refer to mostly physical violence. But physical violence is not the only kind of domestic violence. The offender may opt for various forms of abuse in order to gain control over the victim. Various forms of domestic violence are discussed below:

Physical Violence

It is the most evident type of domestic violence. It involves an effort to cause physical harm to the victim. It includes the application of physical force that causes injury to the aggrieved party. Actions that cause physical abuse includes stabbing , burning, slapping, kicking, shooting, pinching, throwing objects etc. The degree of physical abuse may vary . For example: a boy slapping his girlfriend or one partner stabbing the other over some serious issue or beating up with a weapon . Even if the injury is minute, it still counts as physical violence.

2. Emotional Violence

It includes verbal abuse with eventually converts into emotional abuse. Verbal abuse involves comments, threats, manipulation, insults, gaslighting, constant criticism, yelling or shouting, isolating the person from their loved ones, always acting in a controlling manner. It includes non-physical behavior patterns that scares the other person or cause mental harm to the person. It damages the self-worth of a person. They may experience anxiety, nightmares, insomnia, low confidence, confusion etc.

3. Sexual Violence

It includes sexual assault of all kinds. Sexual Violence is a frequent form of domestic violence. It can also take shape of harassment such as unwanted touching and other shameful behaviors. Sexual violence includes any kind of unwanted sexual contact. Usually , the abuser makes use of drugs or alcohol to force the victim to perform sexual activity. The offender sometimes pressurizes the partner into not using contraception while performing sexual activity. He may coerce his intimate partner on having an abortion. This type of abuse is called reproductive coercion. It can lead to unwanted pregnancies and sexually transmitted diseases including HIV. It also results in a deep-rooted emotional pain.

4. Economic Violence

This form of domestic violence threatens the economic security of the victim. It is also known as financial violence. It is the least evident form of domestic violence. It is usually present where one partner is dependent upon the other for all the money requirements. The offender has full control over the economic resources. He may refuse to fulfil the requirements of the victim such as not paying for her education . It threatens the victim’s potential for self – dependency. It often includes limiting the victim’s access to education, health or employment.

CAUSES OF DOMESTIC VIOLENCE

Patriarchal society

Patriarchy is a social system in which men have more privileges and are placed in a dominant position that women. It refers to the rule of the father. It is a system where men have all the powers – social, political, economic and religious. It is present since the beginning of time and is still practiced. Men have developed superiority complex and have the urge to control women. They treat women as their property and abuse them sexually, physically, emotionally and economically. Moreover , the idea of women’s sexuality is often attached to her family’s honor. Women are subjected to abuse if their acts are considered as a dishonor to their family.

2. Substance misuse

There is a powerful link between substance use and domestic violence . According to a report, about 80% of the crimes related to domestic violence are due to the use of drugs and alcohol. These substances can cause alteration in the normal human behavior. It can cause anger or irritation which often leads to abuse. When a person is under the impact of drugs and alcohol , he has difficulty in managing his emotions. He may react in a violent manner if he is triggered.

3. Lack of education

Education plays a very important role in spreading awareness about domestic violence. Educated women are less likely to be the victims of domestic violence. Level of education plays an effective role in the lives of women. Women with low level of education are more likely to be unemployed. This increases their dependency for fulfilling their financial requirements on others. As a result , they become dependent on their husbands or their partners . Because of this , women are more likely to be denied economic security and are subjected to economic abuse. Also, if women are educated , they are aware of their rights and there are less chances of domestic violence against them.

4. Legal factors

It is the duty of the law enforcing agencies to treat domestic violence and the crimes related to it as a serious issue. Most of the time, these law enforcing agencies treat the cases of domestic abuse as a private family matter. These agencies hesitate to indulge in the matters related to domestic violence. This results in the rise of cases of domestic abuse and the victim is trapped in the repeated cycle of abuse. In many cultures , sexual and emotional abuse is not even considered as a crime.

5. Social factors

Women are taught by the society to live according to the socially sanctioned norms. Social practices like dowry is the major cause of domestic abuse against married women. Society blames the victims for being abused . This makes it difficult for them to come forward and report the offenders.

IMPACT OF DOMESTIC VIOLENCE

Women may be subjected to long term or short-term injuries. Experiencing domestic abuse can cause mental as well as physical pain to the victims. They can develop physical health problems such as fertility problems , heart diseases , nervous conditions etc. They may also develop mental problems like anxiety, depression, insomnia etc. Sexual violence can also result in developing insecurities or misconceptions related to one’s body. One can develop eating disorders. Physical violence can also lead to traumatic brain injury (TBI) which can cause memory loss, dizziness , confusion etc. The victim may feel many emotions of fear, guilt, anger and shame all together or may not feeling anything that is being numb. Many victims tend to indulge in consuming drugs and alcohol in order to control or cope up with these emotions. These substances may provide short term relief but in a long run these substances affect the victim’s health. She may become addicted to these substances. Domestic violence can also effect the lives of the victims. They have to face many difficulties in their occupation and homes. Some leave their jobs and other are forced to leave their homes. Some women even stay with their abusive partners in order to be with their children. Domestic violence affects not only the victim but their families, children and the community to which they belong.

DOMESTIC VIOLENCE IN INDIA

Domestic abuse in India includes any kind of violence experienced by a person . Mainly, women are the victims of domestic violence. The offenders are usually the male members of their own family or their relatives. According to a study in The Lancet report , domestic abuse impacts over 27.5 million women in their lifespan. According to Thomson Reuters Foundation, India is the most dangerous country for women. Honor killing and dowry are among the social practices prevalent in India that have caused serious problems. According to National Family Health Survey , every third woman in India experience some kind of domestic violence starting from the age of fifteen. Moreover, 31% of married women have encountered some sort of physical, emotional and sexual violence by their partners. The sad part is that only 10% of the cases are reported. This is because women hesitate to report the offenders due to various social factors. Indian society still stigmatize the victims and blame them for the abuse. Clearly, domestic violence is a big deal in India.

LAWS RELATED TO DOMESTIC VIOLENCE IN INDIA

For curtailing domestic violence, the legal framework in India sets out provisions to punish the offenders of domestic abuse. Unlike abroad where domestic violence is considered as intimate partner violence , Indian laws follow a much-widened approach. It goes beyond the approach of intimate partner violence. India has specific laws as well as IPC (Indian Penal Code) for addressing the issue of domestic violence. Due to the patriarchal nature of the Indian society these laws mainly address women. Mostly, women are the victims of domestic abuse in India. We also have laws for women living in a live in relationship or cohabitation.

The legal provisions related to domestic violence in India are as follows:

Indian Penal Code (IPC)

Sections 498-A and 304-B deals with domestic violence in India. Section 498A addresses cruelty against women by their husbands or relatives. It prescribes imprisonment to the offender up to three years and a fine. Cruelty includes all those acts that can cause mental or physical harm to women, direct them towards suicide or any kind of harassment to extract money from her family or relatives.

Section 304-B addresses the issue of dowry and deaths arising because of dowry. The punishment for dowry death is minimum seven years and it can even extend to life imprisonment depending upon the case.

2. Criminal Procedure Code (CrPC)

Section 125 addresses the issue of domestic violence under CrPC. This section allows children, wives and parents to obtain maintenance from the offender. The meaning of the term ‘wife’ has a broad meaning under this section and is applicable to women in live in relationships, second wives and divorced women as well.

3. Dowry Prohibition (Amendment) Act, 1984

Women in India frequently face trouble on the issue of Dowry. To eliminate the practice of Dowry, the Dowry Prohibition Act 1961 was enacted. The act has been amended from time to time. The person engaging in giving or taking dowry can be subjected to five years of imprisonment and a minimum fine of Rs.15000. Dowry can be in form of giving or taking properties, jewelry or any kind of articles with regard to marriage.

4. The Protection of Women from Domestic Violence Act , 2005

The Protection of Women from Domestic Violence Act, 2005 is the main law that governs the issue of domestic violence in India. This law covers sexual, physical, mental, economic violence, threats of violence or demands for dowry. Alienation or deprivation of anything that a woman is entitled to because of her relationship with her husband or family also comes under the umbrella of this particular law. Women under live in relationships are also protected under this law. The act provides several measures to address domestic abuse including monetary reliefs, residence orders, custody orders, protection orders, and compensation for injuries. The offenders can also face legal repercussions like financial compensation, restraining orders, and short-term loss of custody rights. The degree of punishment depends upon the nature of the offence.

LANDMARK CASES

Lalita Toppo v. State of Jharkhand, (2019) 13 SCC 796

It was held that a live-in partner will be entitled to even more remedy than that provided for under Section 125 of the Code of Criminal Procedure, 1973, according to a three-judge Supreme Court panel made up of the then-CJI Ranjan Gogoi, Justices U.U. Lalit, and K.M. Joseph. The bench referred to the provisions of the Domestic Violence Act and stated that even though the petitioner in this case is not the legally married wife and is not therefore required to be maintained under Section 125 of the Code of Criminal Procedure, she would have a remedy to seek maintenance under the Act. The Court further noted that, in accordance with the Domestic Violence Act’s provisions, economic abuse is also considered a form of domestic violence.

2. Inder Raj Malik v. Sunita Malik , 1986 CriLJ 1510, 1986 (2) Crimes 435, 1986 RLR 220

The Delhi High Court had to determine in this case whether a defendant may be found guilty under both Section 4 of the Dowry Prohibition Act and Section 498A of the Indian Penal Code. The Court determined that a person is not subject to double jeopardy if they are found guilty under both Section 4 of the Dowry Prohibition Act of 1956 and Section 498A of the IPC. The Court determined that Section 498A, IPC, and Section 4 of the Dowry Prohibition Act are separate laws since Section 4 of the Dowry Prohibition Act only punishes acts of cruelty committed against newlywed women, whereas Section 498A also punishes the mere demand of dowry. This leads one to the conclusion that a person could be charged with a crime under Section 4 of the Dowry Prohibition Act as well as Section 498A of the Indian Penal Code.

3. Sandhya Wankhede v. Manoj Bhimrao Wankhede, (2011) 3 SCC 650

However, in the aforementioned instance, the Supreme Court answered the query by concluding that Section 2(q)’s provision does not remove female relatives of the spouse or male partners from the purview of a complaint that may be made under the Domestic Violence Act. So, in addition to the adult male, the adult male’s female relative may also be the target of complaints.

CONCLUSION

Domestic abuse against women is an evil present in the society. It makes the lives of women a living hell. Despite of so many legal provisions present in the country, India has a long way to go. Education plays a very important role in eradicating domestic violence. Men have to be properly educated and awareness has to be created among the people especially women so that they can come forward and report the offenders and voice out their point of view. Maintaining silence is not a solution to this issue. One has to come forward and talk about it. Moreover, government should also ensure proper implementation of the existing laws and should add stricter laws .

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