This article is written by Malaika Farhat, LLB 2nd year, student of IME college CCS University during her internship with LeDroit India.
Introduction:-
The violence of any type that occurred in any house or between the spouse is known as Domestic Violence. It includes physical, mental, and sexual abuse. This violence gives a major contributes to the mental and physical torture of the victim. According to a National Family and Health Survey in 2005, the total lifetime prevalence of domestic violence was 33.5%, and 8.5% for sexual violence among women aged 15–49. The Lancet reports that although the reported sexual violence rate in India is among the lowest in the world, the large population of India means that the violence affects 27.5 million women over their lifetimes. Domestic violence or intimate partner violence is it is something called a worldwide problem the PWDVA also includes economic abuse under the definition of domestic violence.
Types of domestic violence:- domestic violence consists of various kinds of abuse such as Sexual abuse, Physical abuse, Mental abuse, Economic abuse, etc.
- Sexual abuse:- This domestic abuse comes in form of sexual harassment or marital rape. This is also a problem with the current legislation and in today’s Indian scenario whenever we hear the word ‘rape’ we never think about the relationship between a husband and wife, This is a legitimate kind of abuse, the definition given in Section 375,of IPC says a man is said not to commit rape for his sexual acts with his own wife, the wife not being under 15 years of age. IPC gives marital rape an exception of rape There are more victims of sexual abuse but only because sexual abuse doesn’t come under the purview of law the cases reported are none or a few
- Physical abuse:- This refers to the act Or conduct of the accused towards the victim It consist bodily harm, Pain, threat of death any many other kind of bodily injuries etc.it effects person physically.
- Mental abuse:- It refers to emotional violence with the mind of the Victim The accused torture the victim with emotions. These type of torches includes Body shaming, the character of a person, attacking a person’s confidence, and many more personal comments which affect the victim‘s mind. This kind of domestic violence affects very harshly of the victim’s minds sometimes victims start confronting the suicidal thoughts.
- Economic abuse:- You may also called it as financial abuse. This comes in the most common practice called dowry desires from the side of groom. This has resulted in a number of deaths of women. This is quite prevalent in India where the bride is considered as the ATM for the groom or his family whenever they need money or anything else.
Difference between Statistics and Real picture of domestic violence:-
Statistics:-The National Family Health Survey of India in 2006 estimated the lifetime prevalence of sexual violence among women aged 15–49, India National Family Health Survey-III (NFHS-III) data on the 69,484 ever-married women ages 15 to 49 from all regions of India. They report 31% of respondents had experienced minor to major form of physical violence in the 12 months prior to the survey, while the domestic sexual violence prevalence rate ever experienced by the woman was about 8%. Women who lived in cities, had higher household wealth, were Christian and educated had significantly lower risk of physical and sexual domestic violence.
Real Picture:-The real picture of domestic violence/domestic abuse
Is more worse then the statistics This is a grave social problem in all over the world.The world conference of human rights in vienna 1993 recognised the violations of woman’s right as a human i.e violence against the women/ domestic violence as a agenda of the United Nations human rights commission.The domestic abuse raises in home which is considered as the most safest place for a person.there are manyreasons behind the domestic violence that are 1. Patriarchal social structure, 2. Dowry desires 3.intoxication and many other reasons. Every ninth women is somewhere affected with domestic violence/abuse. This is now raising as the most firing social issues.
There are some legislators that work for the prevention of domestic violence that are given below
Law regarding domestic violence:- Domestic violence is defined under the act of 2005 protection of women from domestic violence the section 3 of the DV act says any act or omission commission or conduct of the respondent shall constitute domestic violence in case it.
1.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
2.Harasses, harms, injures, or endangers the aggrieved person 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
3.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
4. Otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Indian penal code:- The Indian Penal Code 1860: there are several sections mentioned in the code to protect women from violence such as Section 364 INDIAN PENAL CODE Outraging Modesty of Women, Section 304 INDIAN PENAL CODE Dowry Death, Section 313 causing miscarriage without women’s consent, etc.
Conclusion:- Conclusively it can be said domestic violence is very grave kind of problem ans a big evil of the society Domestic violence is not a small problem it is a big issue to think. Monetary problems, alcoholism, illiteracy, extramarital affairs, bad childhood and dowry are the major reasons of domestic violence.
The victims most commonly face physical violence by their partners; there is an urgent need of more and more domestic violence counselingcenters throughout the country.
History is evidence that no legislation has succeeded in totally eliminating crime from the globe.
Though not all people are victims to domestic violence but there are people who are suffering from violence. There are many laws to help people but it is only possible when people are aware of their rights and duties.
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