A CRITICAL ANALYSIS OF LAWS RELATED TO SOCIAL EVIL CALLED: DOMESTIC VIOLENCE IN INDIA
Authored By- Rohit Garg[1] & Muskaan[2]
ABSTRACT
Domestic and public acts of violence against women have become endemic in modern Indian society. Half of India's citizens are women, but they are treated unfairly because of deeply ingrained social, cultural, and religious norms and practises. In India, one gender has historically held positions of power across the country's religious, political, and economic spectrums. The realisation that crime against women is on the rise as a result of globalisation and other forms of transition prompted the current study. Victims of rape who choose to speak out risk being murdered in the name of honour in some cultures, particularly those that place a high value on a woman's virginity before marriage. Marital rape is increasingly frowned upon as a feminist issue, but there are still many countries where it is legal or illegal but widely acknowledged as a husband's right. The United States only recently passed a law criminalising rape against a spouse. Some women face the most severe forms of abuse in the most familiar place to them—their own homes. Men who are or were in positions of trust, familiarity, and authority are more likely to commit violent acts, and this includes husbands, fathers, stepfathers, brothers, uncles, and sons. Domestic violence against women was the leading subset of all forms of violence against women in India in 2018, per the National Crime Records Bureau's report "Crimes in India" for that year. (NCRB). Families serve as a safe haven or sanctuary for many people. To my mind, it is unacceptable to categorise people into different groups based on their race, caste, religion, or gender.
INTRODUCTION
A Violence against women is now widely recognised as a serious violation of human rights and a major community health concern, with a wide range of known consequences, including physical, psychological, sexual, and reproductive harm. It would be useful to have statistics on the systematic examination of domestic violence. They should be supported by references to relevant policies and programmes. Therefore, the primary purpose of this review was to evaluate the extent of domestic violence against women in India and its contributing factors.[3]
World Health Organization (WHO) defines violence as "the use of force or power, actual or threatened, against oneself, another person, against a collection or communal that results in, or has a high likelihood of resulting in, harm, death, psychological harm, mal growth, or deficiency." Domestic violence against women is pervasive and contributes significantly to women's poor health on a global scale. Victims frequently have personal knowledge of their attackers. The effects of violence on the physical, mental, emotional, sexual, and reproductive health of millions of people and their families are devastating. Domestic violence against women can manifest in a variety of ways, including physical, sexual, or emotional abuse or anguish, threats, coercion, or the arbitrary restriction of freedom. Men, and especially husbands, are a common source of domestic violence. It's a natural occurrence in the unfolding of things. Twenty percent to fifty percent of all women will experience some form of domestic violence in her lifetime. While women of all socioeconomic backgrounds are susceptible to intimate partner violence, those with lower incomes are hit harder. However, more research is needed to fully understand the nexus between poverty and the victimisation of women.
HISTORY
The radicals of the 1970s were the first to recognise that domestic violence was common and widespread, and to declare that it was not limited to working-class men. As such, they viewed wife beating as just one of many harmful ways in which men try to assert their dominance over women, and not just as a sex crime. Women's shelters, increased police protection, and access to legal representation for survivors of sexual assault are all direct results of feminism's efforts. Violence perpetrated by husbands against their wives was sometimes excused as a necessary form of 'correction. Patriarchy, or the dominance of men over women and children, has always had an issue with the problems that male aggression creates (a specific form of male dominance). The reputation of the family as a whole would be at risk if the husband were to kill or seriously injure his wife. The wives shared the husbands' worry for their safety. Violence also undermined the idea that spouses should be able to rely on one another for support and love in their marriage. The perfect patriarch maintains authority over his wife without losing his cool. Within the same household, wives may be subordinate to their husbands while also being superior to domestic help and children. In some societies and historical eras, they held the same levels of power and ownership. Access to services for battered women varies widely by factors such as socioeconomic standing, location, and other circumstances. Also, the books under consideration make it crystal clear that when comparing societies across time and space, historians need to take into account women's vulnerability to domestic violence and their limited access to property. According to Sarah Pomeroy, it was common practise in the ancient world to physically abuse one's spouse. St. Augustine's mother, Monica, bore the marks of her husband's aggression without complaining, and he learned that spouses often bore the marks of defeats. Court records from the time period when wife heating was not illegal are extremely scarce, making it impossible to piece together what happened without resorting to speculation. Pomeroy can now take up a cause involving a wife murder involving two large families.
TYPES OF DOMESTIC VIOLENCE
The general public often associates domestic abuse with overt acts of violence that leave visible scars on the victim. It's important to note that this is only one kind of exploitation. Rudeness comes in many forms, each with its own set of very negative repercussions. While there is no denying the serious danger posed by a physical abuser, the long-term damage to the victim's sense of self that comes with all types of abuse is as significant and must not be minimised.[4]
THE REASONS OR RISK FEATURES FOR INTIMATE PARTNER VIOLENCE (IPV)
In spite of the fact that there is no one cause of domestic violence, women are more likely to be victims if their abuser is a man who has a history of substance abuse (especially alcohol), is unemployed or underemployed, lives in poverty, did not graduate from high school, and is or was in an idealistic relationship with the victim. People in heterosexual relationships are more likely to be exploited by their intimate partners than those without partners.
If you believe men should be in charge of their female partners, you're more likely to be the aggressor or the victim in such conflicts. No matter whether the abuser and victim share religious beliefs or not, women in relationships with men who are more conservative in their faith are more likely to report incidents of domestic violence. Consistent religious service attendance appears to be correlated with fewer incidents of reported domestic violence. Studies show that people who were either perpetrators or victims of domestic violence as children or who grew up in homes with alcoholic parents are more likely to engage in or witness intimate partner violence as adults. The likelihood that a teen with a mental health condition will act antisocially as an adult is higher
MEDICAL PROFESSIONALS ASSESS
DOMESTIC VIOLENCE[6]
While it's not hard to tell if a man or a woman is being mistreated in a relationship, only about one in twenty doctors actually does so routinely. Even if someone does decide to get help for intimate partner abuse, they may be reluctant to tell anyone about it because of this bias. Despite these caveats, it is acknowledged that the most accurate assessment of domestic violence can be obtained through the use of open-ended questions as opposed to those asking for yes or no responses (for example, "Does your spouse strike, humiliate, or control you?"). More likely to elicit truthful responses than questions probing the specifics of each accident are indirect inquiries, such as the total number of injuries, accidents, and emergency department visits this year.
LAWS AGAINST DOMESTIC ABUSE
Protection of Women against Domestic Violence Act, 2005
The Indian Parliament passed this law to protect women in the country from violent partners. The Act broadly prohibits and defines the categories of physical, sexual, emotional, and monetary abuse of women. Women are shielded from male relatives and partners. As well as protecting married women, the Act extends its protection to women in live-in relationships, as well as to other female relatives such as grandmothers, mothers, and daughters. This law shields women from any harm for choosing non-traditional lifestyles. The legislation is meant to prevent abused women from losing their homes and financial stability as a result of their situation. Safety from their abusers is guaranteed for all women.
Section 498A of the IPC (Indian Penal Code)
It is illegal to treat a wife harshly, whether she is a partner or a member of her husband's family. Section 498A of the Indian Penal Code makes it illegal for a spouse or his family to harass the other for dowry. Physical or mental disruptions both qualify as annoyances. In spite of the fact that coercing a spouse into sexual activity is not illegal in India, it could be considered Cruelty under this Section. There is a huge opportunity available under Section 498A. This also includes any intentional act that causes a woman to attempt suicide, sustain serious physical harm, or have her health compromised in any way. The term "health" as used here refers to the psychological and physiological state of the women.
Dowry Prohibition Act, 1961
This is a Criminal Law that penalizes the giving and taking of Dowry. The custom of dowry itself is prohibited under the Dowry Prohibition Act, 1961. Conferring to this law, gives, takes or even demands dowry, they can be imprisoned for a half year or they can be penalized up to Five Thousand Rupees.
PUNISHMENT AGAINST DOMESTIC VIOLENCE
NEED OF THE ACT
Legislation and problems of its implementation
Domestic violence, in any of its forms, should be treated as a crime by the state and not as a "private matter." The reality is that neither law enforcement nor prosecutors place a high priority on cases involving domestic violence. To file a criminal complaint, the burden of responsibility falls on the victim. Lacking physical evidence, the police and prosecution will not proceed with the case. When women report sexual assault, police and prosecutors often disregard their complaints because they do not believe their stories. Women are expected to repeatedly visit the police station and, at their own expense, provide medical certifications. Only in societies where such behaviour is accepted, if not normalised, will we see instances of violence against intimate partners. Thus, violent acts are only signs of a more systemic problem in the relationship. The only way to give the victims the State aid to which they are entitled is to take defensive security measures. However, until the relationship is no longer violent, no such action can be taken. Though it's obviously important to stop the violence, doing so won't be possible unless the abusive relationship is severed as well. Because of this, law enforcement must stand by the victim, keep her safe, and guarantee that she receives any medical attention she requires. A police action like this on behalf of the injured carries a lot of symbolic weight. The police's presence highlights the seriousness of the violent crime and the perpetrator's accountability for it. It's essential for making sure the violent offender reforms, the victim heals from the trauma, and public opinion turns against violence. Another difficulty for crime victims is that there are rarely any witnesses to the crime. There is a widespread stigma against reporting cases of domestic exploitation because many locals feel the matter is too sensitive to be discussed in public. They won't talk, and police who aren't motivated to gather evidence often point to their unwilling witnesses as justification for their apathy. The current law against domestic violence is not being fully implemented because the public does not seem to recognise the significant consequences for women who are victims of abuse and children who are witnesses to violence.
Preventive measures to avoid domestic violence
Having a long-term support system is a protective factor against domestic violence, and research has shown that encouraging such support can reduce the likelihood of an individual becoming a perpetrator or victim of domestic violence. It has been shown, for instance, that people who are actively involved in caring religious communities are less likely to be in relationships where domestic violence is an issue. It's also not true for people of African or Hispanic descent in the United States. Effective strategies for preventing intimate partner abuse include access to economic resources, mentors and safety advocates, role models who have overcome domestic violence, structured community programmes for youth and families, and a school climate that promotes anticipating rudeness in any relationship. Allies of all ages can aid in ending domestic violence by setting an example of self-development and providing steady, disciplined leadership. Domestic Violence Knowledge Month highlights the importance of discussing this topic publicly in the hopes of alleviating people's fears. There are many ways to combat domestic violence, including gaining knowledge about the issue, teaching children about healthy versus offensive relationships, listening to victims without passing judgement, and providing victims with evidence of where to obtain help. Supporters of victims of intimate partner abuse can write letters to lawmakers in favour of laws that defend and otherwise support victims, they can discourage sexist jokes and remarks, they can boycott movies that gratuitously depict intimate partner violence and violence against women, and so on. Having one's own doctors and nurses blog and tweet about the issue is one method of advocacy.
Support to the victims of domestic violence
Reliefs available under the domestic violence act:
The facilities provided under the act:
THE MYTHS ABOUT DOMESTIC VIOLENCE
CONCLUSION
Domestic violence is still not taken seriously as a crime by the Indian legal system. Domestic violence is a crime that rarely makes headlines because it occurs in private homes, but this has never been recognised in any of the rulings that have been made regarding this issue. Judges will demand more substantial and unmistakable evidence of guilt if Sections 498 A and 304 B of the IPC, which carry relatively light punishments upon conviction, are overused. Domestic violence is on the rise, especially in Lockdown. Unfortunately, we don't seem to be truly raising our voices in protest against one of the worst forms of harassment that women face in our society today. To be legitimate is to be considered apart from the norms and guidelines outlined in the canonical texts. The study found that although there are male victims of domestic violence, women make up the majority of those affected. We have a low opinion of ourselves and our perspective, and this is based on the false belief that we are immune to domestic violence. Until the root cause of domestic violence is addressed, the problem will continue to affect people of all socioeconomic backgrounds. We need to pass strict legislation protecting victims of domestic violence, and as young Indians and as citizens, we must work together to make that happen. Physical, sexual, or emotional abuse against women is completely unacceptable, and women do not deserve to be treated this way. It highlights the obstacles to safety and stability that are associated with the stigma of sexual abuse. The ability of women to contribute to the peace and democratic processes, as well as the reconstruction and resolution of issues following conflict, is hampered as a result. It is possible that military strategies will influence cultural norms that will remain long after the guns have been silenced. This threatens the stability of the community's pillars of belief, which could impede the values' transmission to subsequent generations. The normalisation of rape is a concern for communities where children are exposed to it from a young age. A selective zero-tolerance policy is unacceptable, and breaking the cycle is essential. On the other hand, domestic violence is a major issue in today's society, especially for women. Statistics show that women constitute 85 percent of the population experiencing domestic violence. Males make up only 15% of the fatalities. A person's race, socioeconomic status, or religious beliefs are irrelevant to whether or not they are at risk of becoming a victim of domestic violence. Unless it is effectively addressed, domestic violence will continue to affect people of all socioeconomic backgrounds forever. As a community, we must work together to pass more stringent legislation to safeguard those who are vulnerable to this heinous form of abuse. Respect and dignity should be extended to people of all races, religions, and sexes, in my opinion. Like men, women have the right to go where they please and to live their lives without fear of violence or harassment from any quarter.
[1] Law Graduate from FIMT School of Law affiliated to GGSIPU
[2] 4th Year Law Student from IME Law College affiliated to CCSU
[3] Sexual Abuse, Sexual Abuse - an overview | Science Direct Topics, https://www.sciencedirect.com/topics/psych
ology/sexual-abuse
[4] Rape: Is it a lifestyle or behavioral problem?, NCBI (June 1, 2021, 10:40 AM), https://www.ncbi.nlm.nih.gov/
pmc/articles/PMC5419017/
[5] Types of Domestic Violence, ARIZONA COALITION TO END SEXUAL AND DOMESTIC VIOLENCE (June 1, 2021,
10:40 AM) https://www.acesdv.org/domestic-violence-graphics/types-of-abuse/
[6] Roxanne Dryden-Edwards, MD, Domestic Violence, MEDICINE NET (June 1, 2021, 10:40 AM), https://www.med
icinenet.com/domestic_violence/article.htm
[7] Prarthana Kumari, Laws Against Domestic Violence In India, SOOLEGAL (June 1, 2021, 10:42 AM),
https://www.soolegal.com/roar/laws-against-domestic-violence-in-india-1
[8] Domestic violence Report, PARLIAMENTARY AGENCY (June 1, 2021, 10:42 AM), http://assembly.coe.int/nw/xml
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