INTRODUCTION
Domestic violence means that any person who bears physical or mental torcher (harassment) by any other person. Basically, it happens in most of the woman and children cases in India Violence can make women unsafe and insecure outside as well as inside their homes. Violence against women prohibits their physical and mental growth and development. The act of Violence against women basically it starts from gender inequality and they face discrimination between men and women from their own home as well as the outside world. There is a perception in our society man is more powerful than women and that men are superior and women are inferior. There are so many examples of violence like – rape, acid attack, dowry death, etc. So India there are so many cases related to domestic violence so the government tries to minimize cases of domestic violence against women and children. Section 498 of the Indian penal code according to the criminal law second amendment act deals with domestic violence.
Domestic violence is physical, Sexual or psychological abuse directed towards one’s spouse, partner or another family member within the household. According to 2013 a global review of available data, 35 per cent of women worldwide have experienced either physical or sexual intimate partner violence or non- partner sexual violence. Domestic violence is also known as gender-based violence.
Article 15 of the Indian constitution gives power to the legislature to make special provisions for women and children. In the exercise of this power, the protection women from Domestic violence act (PWDVA) was passed in 2005.
MEANING OF VIOLENCE
- The term violence means any mental and physical force or any injury or damage to property or person.
- Oxford Dictionary defines: “Violence as behaviour involving physical force intended to hurt, damage or kill someone or something”.
- WHO defines Violence: “the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in injury, death, psychological harm, or deprivation”
The term “Domestic violence against women” means any conduct of a person who has the capability to hurt or injure women mentally, physically, socially and emotionally also. Such conduct is done usually not by strangers. Harm, or deprivation’’.
TYPES OF DOMESTIC VIOLENCE
- PHYSICAL VIOLENCE
- SEXUAL VIOLENCE
- PSYCHOLOGICAL VIOLENCE
- ECONOMIC VIOLENCE
1. Physical violence – Physical violence means any person who punched or hit you and objects at you and treats you like an animal and also abuses you When you are not able to do such own work for any problem such as – when you were pregnant, injured or sick then they refused to help you and they also threatened you with a weapon.
2. Sexual violence – Sexual violence is any sexual act attempted to obtain a sexual act by violence or coercion, an act to dominate a person, or directed against a person’s sexuality, regardless of the relationship to the victim. They also insisted that you Dress in a more sexual way than you wanted.
3. Psychological violence – psychological violence means any person who abuses or embarrasses you in public or a family member or friend. Basically, the two main causes of psychological violence is that firstly that is stress or secondly carelessness.
4. Economic violence – economic violence means any behaviour which causes economic harm to an individual such as – restricting access to financial resources, labour market or property damage. It may include denial of funds, denial of access to services, denial of food and basic need etc.
CAUSES OF DOMESTIC VIOLENCE
There are no single factors causing domestic violence. There are so many reasons such as:-
- Addiction to alcohol.
- Dissatisfaction with a dowry.
- Low self-esteem to an abuser.
- Difficulty in controlling anger.
- Self -defence.
- Access to weapons.
- The influence of one’s peers is an orthodox mindset of people.
- Suspicious nature of the abuser.
- Gender and Economic inequality.
- Women are perceived as “objects” rather than “subjects” which gives them low status in society.
- Poverty and unemployment.
- Mental and education problems.
- Cultural and historical Factors.
- Having a lack of attention or respect.
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
The protection of women from Domestic violence act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government and the Ministry of Women and Child Development on 26 October 2006. In India domestic violence is governed by the protection of women from Domestic violence Act 2005 and it is defined under section 3 which states that any act, commission, omission or conduct of a person harms or injuries or endangers the health or safety of an individual whether mentally or physically it amounts to domestic violence. It further includes any harm, harassment or injury caused to an individual or any person related to that individual to meet any unlawful demand that would also amount to domestic violence.
THE SALIENT FEATURES OF THE PROTECTION FROM DOMESTIC VIOLENCE ACT, OF 2005 ARE AS FOLLOWS
- The main conduct of this Act is to save those women who are or have been in a relationship with the abuser where both parties have lived together in a common household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption; additionally, a relationship with family members living together as a joint household are also included. Although those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to get legal protection under the proposed Act.
- The Act provides for the woman’s right to live in the marital or joint household, Whether or not she has any rights in the household. This right is secured by a residence order, which is passed by a court. These residence orders cannot be passed against anyone who is a woman.
- the act provides for the appointment of a protection officer and recognizes and involves non -governmental organisations to provide help to the woman with respect to her obtaining legal aid, Medical examination and safe shelter etc.
- The act ensures economic relief by recognising economic violence and also recognises verbal and emotional violence.
- The act provides temporary custody of the child.
THE FOLLOWING REMEDIES ARE AVAILABLE UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, OF 2005
- Section 18:- protection order.
- Section 19:- residence order for residing at the matrimonial house.
- Section 20:- monetary orders which include maintenance for herself and her children.
- Section 21:- temporary custody of children
- Section 22:- compensation order for the damages caused to her.
LEGISLATIVE INTENT OF THE DOMESTIC VIOLENCE ACT, 2005
- In the case Indra Sarma v. V.K.V.Sarma, the legislative intent of enacting the Protection of Women from Domestic Violence Act, 2005 was meticulously discussed. It was stated that the reason for the legislation to enact such an Act is to provide protection for the rights of women who are victims of violence of any type occurring in the family. This Act safeguards women from facing violence within the four walls of their homes.
- In the case of Vandhana v. T. Srikanth, the Madras High Court stated that the Protection of Women from Domestic Violence Act, 2005 “is an Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected with or incidental thereto.”
CONCLUSION
Domestic violence is one of the most horrendous kinds of abuse suffered by women in our society today. The statistics show that 85 per cent of domestic violence victims are female. Only 15 per cent of victims are men. Domestic violence can happen to anyone, it does not matter the race, creed, religion, or standing in society of the victim. If the issue of domestic violence is not dealt with in a manner, which is sufficient, then this type of abuse will continue among all classes of society with no end. In order for us as a society to eradicate this horrendous type of abuse, we need to stand together and make tougher laws, which will protect the victims of this abuse.
This article is written by AYUSHI MISHRA , 3rd year law student of PSIT COLLEGE OF LAW, kanpur.
