This article is written by Shobhit Chakravarty B.L.S., LL.B 1st year law student of KLE LAW College during his internship at Le Droit India.
KEYWORDS
DOMESTIC VIOLENCE, BIOLOGICAL RELATIONS, MANIPULATE
ABSTRACT
Domestic violence is a methodical way to systematically develop fear and subservience in a person in a domestic setting, such as a household. The motivation for this aggression might range from the need to uphold one person’s dominance over another to the desire to manipulate or force another person for one’s own gain. Domestic violence in India generally refers to abuse a person experiences at the hands of their biological relations, but it also particularly refers to violence a woman experiences from male family members or relatives.
DOMESTIC VIOLENCE
The Protection of Women from Domestic Violence Act of 2005 defines domestic violence. Domestic abuse cases in India were previously handled by Section 498-A of the IPC. This changed with the passage of the Domestic Violence Act. Section 498-A has two drawbacks. The first is that no clause exists that offers the victim under this clause relief or compensation. Second, only married women were covered by section 498-A. The domestic violence Act of 2005 was passed by the Center as a solution to these flaws. The Domestic Violence Act offers redress in the form of housing, healthcare, a protection order, a compensation order, etc.
WHAT CONSTITUTES VIOLENCE TOWARDS WOMEN
The Domestic Violence Act defines domestic violence as the harm or injury of a woman while she is involved in a domestic relationship. Within its scope include abuses of the physical, sexual, verbal, emotional, and financial nature. The Domestic Violence Act defines abuse as both actual violence and the fear of abuse. The Domestic Violence Act’s definition also applies to any harassment that the lady or her family members experience as a result of illegitimate dowry demands.
The Domestic Violence Act mainly shields wives or female live-in partners against abuse by their husbands or male live-in partners, including his family. Any woman who is or has been in a domestic relationship with the perpetrator and who asserts to have been the victim of any act of domestic violence is considered a “aggrieved person” under Section 2(a) of the DOMESTIC violence Act(1). The Domestic Violence Act also applies to women who have shared a home and are related to the abuser through consanguinity, marriage, or a relationship that has the same legal status as marriage or adoption, such as mothers, sisters, or widows. This includes women who are or have been in relationships with the abuser.
THE FORMS OF DOMESTIC VIOLENCE
Domestic abuse of women can take many different forms, including physical, sexual, verbal, and emotional abuse as well as economic abuse.
The most obviously noticeable type of domestic violence against women is physical assault. The Domestic Violence Act defines domestic violence as any act that results in physical harm to the victim or puts their life, limb, health, or development in jeopardy. Physical abuse includes assault, unlawful force, and criminal intimidation.
Sexual coercion is the basis of sexual and reproductive abuse against women. Marital rape should typically fall under the category of sexual abuse. However, unless the woman is under 15, marital rape is not prohibited. Sexual abuse is defined as any sexual abuse that “abuses, humiliates, degrades, or otherwise violates the dignity of a woman,” as per the Domestic Violence Act.
Verbal and emotional abuse: Comments and threats used by family members during domestic violence against women are considered verbal abuse. From a human rights standpoint, verbal abuse is a very frequent kind of domestic violence that eventually progresses to emotional abuse. A woman’s sense of self-worth is damaged when verbal and emotional abuse are combined, as this causes psychological abuse.
Economic abuse: The government made a surprising move by adding economic abuse to the list of abuses covered under the Domestic Violence Act. Economic abuse is typically defined as a technique used to deny the victim and her children access to financial resources or assets.
DOMESTIC VIOLENCE CAUSES
There is no standardised or singular cause of domestic violence. Domestic violence against women is a result of a complex interaction of sociological and behavioural, historical, religious, and cultural elements.
Factors related to sociology, behaviour, and culture include, among others, psychological instability (bipolar disorder, depression, stress, etc.), poverty, economic hardship, differences in social status, domineering nature, drug addiction, upbringing, and anger management issues or aggressive attitude. Domestic violence also results from the neglect of conjugal responsibilities brought on by extramarital affairs or a lack of trust.
Historical Factors: The intrinsic evil of patriarchy and the superiority attitude that has persisted among males for generations can be linked to historical factors.
Religious Aspects: If not overt and obvious, religious sanctifications indicate a subtle sort of power over women. Additionally, this encourages the abuse of women in the home.
Cultural Factors: Desire for a male child is one cultural factor that contributes to marital violence. Domestic violence against women is committed as a result of this fixation, which is brought on by masculine superiority and a lack of knowledge. The causes or catalysts for domestic violence may differ; this is not a complete list of issues.
WHOM TO REPORT?
Any woman who has been wronged or who has seen an act of domestic violence is entitled to seek redress from the nearest police station, protection officer, or service provider under the Domestic Violence Act. To carry out its orders, the court may appoint a protection officer. The protection officer is a unique position designed to act as a point of contact between the system and victims of domestic violence. For orders of relief under the Domestic Violence Act, a complaint may also be made directly to the magistrate. Anyone who informs the relevant authorities of the offence committed is exempt from civil or criminal liability.
CAN A MAN FILE A DOMESTIC VIOLENCE CLAIM?
Due in large part to the fact that the Domestic Abuse Act is essentially welfare law, the Domestic Violence Act, 2005 does not provide for men to file cases of domestic violence against women. However, under Section 13(1)(a) of the Hindu Marriage Act, an unhappy male may seek for divorce or judicial separation on the grounds of cruelty .
Indian domestic violence laws contain no language addressing the need to protect men from domestic abuse. However, in the cases Hiral P Harsora vs. Kusum Narottamdas Harsora and Narayan Ganesh Dastane vs. Sucheta Narayan Dastane, as well as more recently, the Supreme Court of India, recognised the necessity to safeguard men from acts of domestic abuse. In the former instance, the Apex Court acknowledged cruelty towards men for the first time. For a gender-neutral society, cruelty and violence towards men should be explicitly condemned by the law. Additionally, it is important that the domestic violence movement for men’s right to safety from domestic abuse develops traction now that homosexuality is no longer a crime in India.
EFFECTS OF DOMESTIC VIOLENCE AGAINST WOMEN
Both short-term and long-term physical and mental trauma can result from domestic violence against women. The family’s children are also impacted by the domestic violence against women, leaving lasting imprints on a child’s impressionable mind.
Short-Term Physical Effects: Physical consequences of violence might include small wounds or life-threatening conditions. They may include bruises, cuts, shattered bones, or wounds to internal organs and other body components. Without scans, x-rays, or other tests carried out by a doctor or nurse, it can be difficult or impossible to see some physical ailments. Long-term emotional and verbal abuse may have an impact on the woman’s and children’s moods in their daily activities and may also decrease productivity.
Long-term Effects: Sexual and physical abuse of women is associated with a variety of chronic health issues. Violence against women can have long-term psychological impacts such as post-traumatic stress disorder, depression, or anxiety. The issue of substance misuse and drug addiction may result from this. Sexual assault can cause permanent harm to the victim as well as a loss of self-worth.
CONCLUSION
Remember that the person who is hurting you or a friend or loved one is the one who is at blame and needs to change if you or they are seeking to leave an abusive relationship. Additionally, it’s critical to keep in mind that such transformation is unlikely to occur until that person receives an unmistakable wake-up call. Even then, it’s possible the individual won’t be able or won’t want to change. Therefore, taking charge and deciding that enough is enough are the only ways to put an end to domestic abuse.
Woman must challenge rather than accept. She must not be intimidated by the structures that have been put up around her. She ought to respect the woman who is trying to come out. Women’s empowerment cannot be attained in a “quick-fix” manner. It will require sensible public policies, a comprehensive strategy, and long-term dedication from all development actors. Empowering women is both a legal obligation and sound business strategy. In the long run, empowering women also benefits society. Better women create better families, societies, and enable us men to perform at our highest potential.
