Domestic violence means physical violence and also called domestic abuse or family violence. It can be defined to include any threatening, abusive, or violent behavior in the home, including between adults, children and other adult family members. It 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. It is used in for intimate partner violence, which is committed by a partner in an intimate relationship against the other partner, and can take place in heterosexual or same sex relationships, or between former spouses. It also involves violence against children, teenagers, parents, or the elderly.
Types of Domestic Violence
1. Physical Abuse: it is the most visible form of domestic violence. When anyone causes bodily pain, harm or danger to life, limb or health of the person or harms the health or development of the person, it would be physical abuse. Physical abuse include:-Hitting, Beating, Kicking, Biting, slapping, battering, shoving, punching, pulling hair, burning, cutting, pinching
2. Sexual Abuse: when the abuser or wrongdoer coerces or attempts to coerce the victim into having sexual contact or sexual behavior without the victim’s consent. It is attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, or otherwise directed, against a person’s sexuality using coercion.
For example-
∙ When you force the aggrieved women to have sexual intercourse.
∙ When you force the aggrieved women to look at pornography.
∙ When you indulge in sexual abuse of child.
∙ Sexually demeaning the victim.
3. Verbal and Emotional Abuse: It means psychological abuse. Where deflating the victim’s sense of self-worth and/or self-esteem. Following acts may amount to verbal and emotional abuse-
∙ Insults
∙ Name-calling
∙ Accusations on character
∙ Insults for not having male-child.
∙ Insults for not bringing dowry.
∙ Forcing the aggrieved women to her job.
∙ Forcing the aggrieved women to get married when she does not want to marry.
∙ Preventing the aggrieved women from marrying a person of her own choice.
∙ Forcing the aggrieved women to marry a particular person of your choice.
In emotional abuse victims often suffer from depression, putting them at increased risk of eating disorders, suicide, and drug and alcohol abuse.
4. Economic Abuse or financial abuse: when one partner has control over the other partner’s access to economic resources. Acts may amount to economic abuse-
∙ Not providing money to the woman for maintaining her or her children.
∙ Not providing food, clothes, medicines, to the woman and her children.
∙ Stopping the woman from carrying on her employment.
∙ Disturbing the woman in carrying her employment.
∙ Taking away income from salary, wages, of the woman.
∙ Not allowing the woman to use her salary, wages
∙ Stopping the woman from assessing or using any part of the house. ∙ Not allowing the woman use of clothes, articles or things of general household use.
Victims of domestic violence
Women and girls are the largest group of victims. However, men, children and elderly people are also be victims of domestic violence. Domestic violence occurs at all levels in society and in all population groups. Sometimes people can no longer cope with caring for relatives. The situation can then escalate and result in abuse.
Effects of Domestic Violence
1. Social Effects
∙ Difficulty trusting someone.
∙ Poor anger management and problem- solving skills.
∙ Engaging in exploitative relationships as victims.
∙ Low self- esteem and loneliness.
∙ May exhibit depressive symptoms.
2. Emotional Effects
∙ Grief for family and personal losses.
∙ Shame, guilt, and self- blame.
∙ Fear of abandonment and fear of expressing feelings.
∙ Anger issues
∙ Depression
∙ Feeling helpless and weak.
3. Physical Effects
∙ Nervousness and anxiety
∙ Long-term health issues
∙ Short attention span
∙ Fatigue and frequent illnesses
∙ Poor physical hygiene
∙ Self- abuse
∙ Parental neglect
∙ Eating disorder
Domestic violence in India
In India, domestic violence is any form of violence suffered by a person from a biological relative. Typically it is the violence suffered by a woman by male members of her family or relatives. In India most women are suffering with domestic violence. Women in the 15–49 age group had experienced domestic violence in their lifetime.
It was found in the survey that 85% of women who suffered with violence, in or outside of marriage, and never sought help. Only 1% of women report it to the police against the violence. In India woman are the largest group of victims who suffered from domestic Violence. Every single day a woman and a girl are suffering from domestic violence.
There are several domestic violence laws in India. By these laws they protect the women from violence. Crimes against Women are covered under the Special and Local Laws.
Earlier the Dowry Prohibition Act 1961 which made the act of giving and receiving dowry a crime. After this act two new sections, in 1983 Section 498A and in 1986 Section 304B were introduced into the Indian Penal Code.
Domestic violence provisions under Indian penal code.
Section 498A, Cruelty by Husband or his Relatives
It deals with the issues of cruelty by a husband or his relatives. The objective behind the introduction of this provision was to punish the husband and his relatives who torture, ill treat and harass a woman with a view to force her or any other person related to her to meet any unlawful demands. The concept of cruelty which is the essence of this section, for the purpose of matrimonial relief.
The punishment for this offence is imprisonment for a term which may extend to three years with fine.
Section 304B, Dowry Death
Dowry deaths and bride burning are sinful act which are still prevailing in the Indian society. It is a symptom of a special social illness and are unfortunate developments of our society. Under this Section 304B (1) defines dowry death whereas clause (2) lays down its punishment which is not less than seven years and may extend to life imprisonment.
The recent legislation is the Protection of Women from Domestic Violence Act (PWDVA) 2005. The PWDVA, a civil law, includes physical, emotional, sexual, verbal, and economic abuse as domestic violence. The Protection of Women from Domestic Violence Act, 2005.
This act has been enacted to prevent women from domestic violence. Domestic violence is currently defined in India by the Protection of Women from Domestic Violence Act of 2005.
Under section 3, Domestic Violence means
For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—
(a) Harms or injures or endangers the health, safety, life, limb or well‑being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
(d) Otherwise injures or causes harm, whether physical or mental, to the aggrieved person. Explanation I.—for the purposes of this section,—
(i) “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;
(ii) “Sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
(iii) “Verbal and emotional abuse” includes—
(a) Insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and
(b) Repeated threats to cause physical pain to any person in whom the aggrieved person is interested.
(iv) “Economic abuse” includes—
(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and
(c) Prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household. Explanation II.—For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence” under this section, the overall facts and circumstances of the case shall be taken into consideration.
Who is covered under the Act?
The Act covers all women who may be mother, sister, wife, widow or partners living in a shared household. The relationship may be in nature of marriage or adoption. In addition relationships with family members living together as a joint family are also included. Under the act the mother-in-law cannot file an application against a daughter-in-law, but she can file an application against her daughter-in-law for abetting her son to commit violence against her.
Who can file a complaint?
∙ Any woman who alleges to have been subjected to any act of domestic violence by the offender or any person may file a complaint on her behalf.
∙ A child is also entitled to relief under the Domestic Violence Act. The mother of such a child can make an application on behalf of her minor child (whether male or female). In cases where the mother makes an application to the court for herself, the children can also be added as co-applicants.
Under act against whom can a complaint be filed?
∙ Any adult male member who has been in a domestic relationship with the woman.
∙ Relatives of the husband or the male partner.
∙ Includes both male and female relatives of the male partner.
Where to apply for orders or reliefs (section 27)
Under the act the relief is available to be filed in the court of judicial Magistrate of first class or Metropolitan Magistrate. Being the aggrieved person, can file such an application at any of the following places:
1. Where aggrieved person, permanently or temporarily reside;
2. Where aggrieved person, carry on business;
3. Where aggrieved person, are employed;
4. Where the opposite party resides;
5. Where the opposite party carries on business;
6. Where the opposite party is employed;
7. Where the cause of action has arisen, say where the incident of domestic violence has taken place.
Reliefs and Orders which a Magistrate may pass under the Act
The Magistrate may
1. Direct the respondent or the aggrieved person, either singly or jointly, to undergo counseling.
2. Direct that the woman shall not be evicted or excluded from the household or any part of it.
3. If considered necessary, the proceedings may be directed to be conducted in camera. 4. Issue Protection order, providing protection to the woman.
5. Grant monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence.
6. Grant custody orders, i.e., temporary custody of any child or children to the aggrieved person.
7. Grant compensation/damages for the injuries. Including mental torture and emotional distress caused by the acts of domestic violence committed by that respondent. 8. Breach of any order of the Magistrate is an offence which is punishable under the law.
Conclusion
Domestic violence is a serious issue. Overall, one-third of women age 15-49 have experienced physical violence and about 1 in 10 have experienced sexual violence. There is a lot of violence against the women. And day by day the crime rate of domestic violence against victims is increasing. And these violence are against women is protected by laws. These laws and acts provide protection to the victims. And prevent the victims and women who suffer from domestic violence.
References
1. The Dowry Prohibition Act 1961
2. The Indian penal code act 1960
3. The Protection of Women from Domestic Violence Act, 2005
About the author –
This article is written by advocate Sherry Singh, Completed LL.B from PDM University, Bahadurgarh, Haryana
