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A CRITICAL ANALYSIS OF LAWS RELATED TO SOCIAL EVIL CALLED: DOMESTIC VIOLENCE IN INDIA By- Rohit Garg & Muskaan

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]

 

  1. Control: The abuser will often employ methods of performance control to maintain power and control over the abused. The primary problem in domestic violence is controlling behaviour, the belief that one has entitled to dominate others, and the abuse that results. It is subtle, cunning, and accessible to anybody, wherever. Some examples of this include (but are not limited to):
  • They were looking at the odometer after having used the automobile for some time.
  • Caller ID or other number-watching devices are used to listen in on incoming and outgoing phone calls, and the victim is barred from making or receiving calls.
  • They weren't given the option to wear what they liked or change their haircut as they pleased. As an example, the victim may be coerced into dressing more provocatively (or religiously) than is normal for them.
  • Checking up on them irregularly by calling or visiting their house. This may seem to be a caring gesture at first, but it often evolves into overprotectiveness or egotism.
  1. Physical Abuse: According to the AMEND Workbook for Stopping Abusive Behavior, physical abuse includes acts of direct violence, the denial of basic human needs, the infliction of harm by other means, and the threat of more physical exploitation. Include but are not limited to:
  • Beating, pulling, slapping, shaking, shoving, punching, choking, scratching, and pinching. Some examples of forms of physical abuse include hair-pulling, stabbing, shooting, drowning, burning, and pounding.
  • Making a direct bodily threat or a weapon threat.
  • Refusing to let the victim sleep in or eat when they need to, not letting them go to the bathroom when they need to, not letting them out of the home when they're ill or wounded, and not giving them enough to eat or drink.
  • Intentionally harming or threatening to harm others, such as children, pets, or rare items.
  • Physical restraint imposed against their will, such as being confined to a room with no way out or being forced to sit or lie down while being restrained.

 

  1. Sexual Abuse: Sexual abuse occurs when one person uses or forces sex onto another in an inappropriate or harmful way. Past consent does not constitute ongoing permission to sexual action. Sexual abuse may take the form of either verbal or physical conduct.
  • Use of force, compulsion, guilt, or operation, or refusal to accommodate a victim's desire to have sex, are all examples of such methods. The victim may be forced to engage in sexual activity with others, to endure unpleasant sexual experiences, or to get involved in prostitution against her choice.
  • Sexually abusing a person who is either unconscious, inebriated, drugged, incapable, too young, too elderly, reliant on, or terrified of the offender to make an informed choice regarding participation in sexual activity.
  • Negative comments about the victim's sexual preferences or behaviour, such as laughing at or making fun of their sexuality or body shape, making abusive comments, or calling them derogatory names.
  • Engaging the victim in any kind of non-consensual activity, such as oral, anal, or vaginal penetration or unwanted touching (stroking, kissing, licking, sucking, or using objects), is considered sexual assault.
  • Using accusations of infidelity and other forms of control to keep the victim from having any contact with the outside world as a result of overprotective behaviour.

 

  1. Intimidation and emotional abuse: According to the AMEND Workbook for Preventing and Reducing Violent Behavior, "sensitive abuse" is any form of behaviour that exploits another person's vulnerability, insecurity, or strength of character. Constantly degrading, intimidating, influencing, indoctrinating, or controlling someone to their detriment are all examples of abusive behaviour (AMEND 3). Examples could be, but are not limited to:
  • Critiquing or making fun of someone in order to make them feel bad about themselves. This includes actual or potential rejection, as well as public humiliation. Direct or indirect intimidation or accusation with the intent to cause emotional or physical distress. By portraying one thing as another, presenting false information as fact, and failing to follow through on promises, a realistic abuser sows confusion and insecurity in their victim. This can include telling the victim they are imagining the abuse or that it never happened. This could involve doing things like hiding the victim's keys and then berating them when they lose them.

 

  1. Isolation: Isolation is a form of abuse that is frequently linked to authoritative styles of behaviour. It's not an unreachable trait, but rather the result of various types of abuse. The abuser cuts the victim off from personal and public resources that could aid in the victim's eventual escape from the abusive relationship by preventing the victim from interacting with the people and engaging in the activities that they want to. By isolating the victim, the abuser prevents the victim from forming relationships with people and ideas that might challenge the abuser's own worldview. Having contact with anyone other than the batterer becomes increasingly difficult as the problem worsens. The victim is finally abandoned, with no one to turn to and no means to improve their situation. Whether it's because of the perpetrator's public behaviour, the victim's discolorations or other injuries, or the perpetrator's treatment of friends and family, some victims isolate themselves from existing resources and support systems.

 

  1. The Use of Abusive Words: Force, threats, and placing the blame: Any rude or insulting words or phrases used to demean, embarrass, or intimidate the victim constitutes verbal abuse. Examples of this could be, but are not limited to:
  • Threatening physical harm to the victim or her loved ones, property, or social standing.
  • Insulting someone's appearance (using terms like "ugly," "bitch," "whore," and "stupid")
  • Disappointing the victim by pointing out that there is nothing desirable about it.
  • Extremely vocal, disruptive, threatening, or uncommunicative Behavior

 

  1. Leveraging advantages of Being a Man: Control and power dynamics are at the heart of domestic violence. Theories that ascribe the causes of violence to issues including familial instability, a lack of transportation resources, women's instigation, stress, drug dependency, and a lack of spiritual connection are discounted in a feminist analysis of woman pounding. Although these problems could be linked to women's violence, they do not cause it. The power of males over women will not vanish even if these problems are solved.

 

  1. Economic Abuse: Economic abuse is a kind of control that uses the abuser's financial position to exert power over the victim. Among the many possibilities here are:[5]
  • controlling the family's financial situation and either cutting off the victim's access to money or making it very difficult for them to do so. In addition, the perpetrator may force the victim to hand over all of their money to them, put them on a payment plan in which they have no choice over their budget, or retain all of their money in a secret account. Contributing to the victim's unemployment or preventing them from finding employment. Abusers may cause victims to lose their jobs in a number of ways, including by making them late for work, refusing to give transportation to work, or calling/harassing/calling them at work.

 

  1. The repercussions of domestic violence: Abuse in the home raises serious health and public safety issues. Twenty-five percent to fifty percent of homeless families report that domestic violence between friends or partners was a factor in their loss of housing. Harmful treatment is associated with yearly expenses in the thousands, both in medical care and lost productivity. Parents who have been victims of domestic abuse are more likely to experience stress and conflict in the home. Emotional abuse is less evident than physical exploitation, yet research shows it is just as damaging. Victims of intimate partner violence are at increased risk for mental health problems such depression, anxiety, and drug addiction. Pregnant women who experience violence from a partner have a higher chance of having infants that are born prematurely and/or have a low birth weight. Children with abusive parents are more likely to have lower IQs and be victims of child abuse or intimate relationship violence themselves. Children exposed to this kind of familial violence are more likely to develop behavioural issues and experiment with substances. Given these dangers, the presence of intimate partner violence in a family should be heavily weighted when deciding custody.

 

 

 

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

  • The primary goal of domestic violence legislation should be to protect abused men and women from their abusers.
  • Although the extent to which the law should be involved in cases of domestic violence is debatable, in 47 states it is now mandatory for medical professionals to report suspected cases of domestic violence to the police. Mandatory reporting of partner violence may help some people, while others fear it will put victims in danger of further abuse from the perpetrator. The trust that must exist between doctors and their patients in order to provide high-quality care is one of the main reasons why many people are opposed to mandatory reporting.
  • The Act makes clear that NGOs can and should serve as Service Providers.
  • Now that word has spread, the woman with wounds has a large group of supporters praying for her health to improve.
  • There is an obligation on the part of the Protection Officer, police officer, or service provider to help the victim get the benefits and protections she is due under the Act.
  • A victimised woman has the right to know where she can go to receive the assistance she requires, be it legal counsel, a safe place to stay, medical care, or anything else.
  • Protecting medical practitioners' ability to practise their craft will be an option.
  • The Act ensures matters will be resolved in a timely manner and establishes deadlines for doing so. The conclusion of various stages of judicial proceedings is specified in Section 12(4). (5).
  • A victimised woman can seek help from the government in the form of protection, housing, child custody, medical care, legal representation, compensation, property restoration, and financial reliefs under the Act.
  • Therefore, the Act is most effectively applied by trained experts. As a result of its progressive stance on sex issues, it actively recruits women to serve as Safeguard Officers and in other welfare-related roles.
  • The Act creates two crimes and provides civil law remedies.
  • The Act safeguards Protection officers from baseless allegations of wrongdoing in addition to punishing those who disregard their duties. The law also provides immunity for good-faith deeds (Sec. 35).
  • All reliefs obtained and criminal trials conducted under the Act shall be governed by the Code of Criminal Procedure. But there are two exceptions where the Magistrate can go against the rules and do things his own way: (under sections 12 and 23). (2).
  • Under the Act, the Magistrate has the authority to issue ex parte or interim orders. He has options for how to react to what is happening.
  • Security guards and other employees working for Service Providers will be treated as civil servants (Sec 30).
  • Criminal violations of the Act fall into two categories: those that are cognizable and those that are not.
  • That's why the Magistrate's orders can be changed or nullified if necessary. In this respect, the Act was written to be as accommodating as possible.
  • The Magistrate is obligated to provide free copies of his rulings to the parties, the chief of any local police stations, and any other relevant service providers.
  • Police officers, security guards, and service providers are all obligated to work together to achieve the Act's goals.
  • The Act is novel in that it creates a centralised organization—a team of protection officers—whose sole responsibility is to assist and care for victims of domestic violence. As an added bonus, this provision permits Judicial Officers (JM, Ist class, or M.M.
  • Besides their duty to investigate and prosecute cognizable offences, police officers have other responsibilities under the Act that are necessary to achieve its goals.

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

  • In order to protect women from domestic violence, the law has enacted a number of rules and prohibitions, such as the one found in Section 304B of the Indian Penal Code, which addresses the issue of dowry deaths.[7]
  • The Indian government has criminalised what amounts to the forcible termination of a woman's pregnancy (Section 313–316 of the Indian Penal Code).
  • Wrongful confinement and constraint are addressed under Sections 340 and 349 of the Indian Penal Code. Sections 305 and 306 deal with assisting a suicide.
  • Section 498A of the Indian Penal Code addresses cruelty, which is included in the broader category of "domestic abuse," and may be used to file a complaint.

NEED OF THE ACT

  • The NDA Government originally introduced the Domestic Violence Bill following a concerted effort by women's groups around the country.
  • Certain criminal remedies address domestic abuse against the wife/married woman, but none of them record harm against sisters, daughters, mothers, and mothers-in-law.
  • Women's housing and financial security concerns are not taken into account under the present criminal code.
  • The broad definition of domestic abuse (including physical, emotional, economic, and sexual forms) encompasses the hidden violence experienced by many women and gives them legal recourse.
  • To protect women from abuse at home.
  • But the previous legislation did not target women exclusively when it came to domestic abuse. As a result, it proved ineffective in stopping acts of violence against women at home or in the family.

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

  • Victims of domestic violence should have access to free, competent representation before filing a lawsuit;[8]
  • The government should fund victims' rights groups and emergency services, and provide safe houses where abused women can receive psychiatric treatment.
  • The victims of violent crimes should be safeguarded by operational measures both immediately following the crime and throughout the legal proceedings;
  • Injuries sustained by women and children as a result of acts of violence must be covered by social safeguard measures, so their adoption or guarantee is warranted.
  • In order to better support and assist children and adolescents who are growing up in violent households, health care workers and other professionals who interact with youth should be encouraged to undergo training in this area.
  • Social organisations and emergency agencies, such as shelters for battered women, should be given funding to better serve victims of domestic abuse.
  • It is crucial to propose measures that may aid in the effective defence of victims of violence both immediately following the incident and throughout the legal process.
  • Injuries sustained by women and children as a result of acts of violence should be covered by social protection programmes, so it is important that these are either established or improved.

Reliefs available under the domestic violence act:

  • Protection order (sec. 18)
  • Residence order (sec. 19)
  • Monetary Relief (sec. 20)
  • Custody order (sec. 21)
  • Compensation order (sec. 22)
  • Interim and ex parte order (sec. 23)

 

The facilities provided under the act:

  • Medical facilities (sec. 7)
  • Shelter homes (sec. 8)
  • Counselling (sec. 14)
  • Assistance of welfare experts (sec. 15)
  • Assistance or aid by Protection Officers, Police Officer and Service Providers (sections 4, 5, 8, 9 and 10)

THE MYTHS ABOUT DOMESTIC VIOLENCE

  • Only low-income women experience domestic abuse.
  • The victim of domestic abuse seldom, if ever, sets off the violence.
  • Abuse of alcohol or drugs, mental illness, financial hardship, or unemployment are not primary contributors to domestic violence.
  • It's possible that the pressures of poverty and relationship crises increase women's vulnerability to violence.
  • Many of those who conduct violent crimes place the blame on the victims or other factors rather than on themselves.
  • Domestic abuse is considered illegal by many foreign governments.
  • Up to this point, researchers have not been able to pin down the causes of domestic violence. Across the globe, researchers found that a culture that views women as intrinsically less valuable than males is more likely to condone violence against women.
  • As a result of gender inequality, women are more likely to become victims of violent crime, whereas men are more likely to become perpetrators.
  • Legislation recognising and punishing domestic violence offences has been created to some extent in several nations, including Canada, Australia, New Zealand, Chile, and the United States.

 

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

/XRef/X2H-Xref-ViewHTML.asp?FileID=9815

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