THE ROOTS AND PERSISTENCE OF VIOLENCE AGAINST WOMEN IN INDIA. BY - AISHANI ASHWATH M
THE ROOTS AND PERSISTENCE OF VIOLENCE AGAINST WOMEN
IN INDIA.
AUTHORED BY - AISHANI ASHWATH M
Throughout
India, violence against women has a long history that has been influenced by
social, cultural, and legal structures over many centuries. Due to the
patriarchal nature of Indian society, women have always been viewed as inferior
in both the home and larger societal systems. Systemic oppression has been
sustained by the deeply rooted notion that a woman is her husband's property,
which has normalized numerous types of violence against women. In the past,
societal norms and theological interpretations have frequently supported this
kind of violence, restricted women's autonomy, and bolstered male dominance.
According to the Manu Smriti, an often-quoted ancient Hindu literature, women
were expected to adhere to stringent moral standards and submit to their male
guardians, whether their father, husband, or son. This idea helped make
domestic violence as a form of female discipline more acceptable in society.
Laws
during the colonial era did not adequately protect women from domestic violence
since they mostly disregarded their rights. Despite codifying some personal
laws, British control maintained patriarchal ideals and frequently treated
domestic abuse as an individual concern rather than a crime. Domestic violence
was still viewed as a family problem rather than a criminal offense by society
even after independence.
Because of the shame, lack of institutional support, and economic reliance,
women who experienced abuse were frequently deterred from pursuing legal
action.
A
major change in the law was brought about by the Protection of Women from
Domestic Violence Act (PWDVA), 2005,
which recognized domestic abuse as a crime and offered civil remedies.
The ingrained cultural beliefs that have accepted this kind of violence for
decades, however, nevertheless make implementation difficult. Even if social
movements and legislative changes have raised awareness, domestic abuse still
occurs, which emphasizes the necessity of ongoing efforts to eradicate
patriarchal systems and advance gender equality in India.
Hindu
scriptures like the Manu Smriti, which upheld male authority and restricted
women's liberty, reinforced rigid gender norms in ancient India. Women's
identities and rights were seen as inferior to men's, and they were expected to
continue being subservient to their fathers, husbands, and sons. Even though
many texts promoted respect for women, societal reality frequently contradicted
these principles. Systemic oppression was emphasized by practices like child
marriage, which denied females education and agency, Purdah, which compelled
women to live in seclusion, and Sati, which required widows to self-immolate on
their husband's funeral pyre. Although not specifically mentioned, domestic
violence was a part of these patriarchal systems, and social norms supported
men's control over women, including physical punishment.
Women's
status deteriorated during the Middle Ages as a result of more rigid gender
rules enforced by Rajput and Islamic authority. Even if progressive changes
were undertaken by kings like Akbar, they had little effect on deeply ingrained
cultural beliefs. Additional factors that led to women's marginalization were honour-based
violence, polygamy, and limitations on their freedom of movement.
The centuries-long cycle of enslavement was furthered by women's increased
susceptibility to domestic violence due to their lack of social and legal
protection. Today's gender dynamics in India are still shaped by these
historical trends.
Indirect
effects of marital violence in India were caused by social and legal changes
brought about by British colonial authority (1757–1947). In the late 19th and
early 20th centuries, reform groups started to question repressive behaviours
against women, even as the British maintained the patriarchal systems that were
in place at the time. Addressing gender-based inequities required the efforts
of social reformers like Ishwar Chandra Vidyasagar, who promoted widow
remarriage, and Raja Ram Mohan Roy, who tried to abolish Sati. Their work
resulted in the passage of progressive legislation such as the Age of Consent
Act of 1891, which increased the
minimum age of marriage for girls to 12 years old to prevent child marriage,
and the Widow Remarriage Act of 1856,
which permitted widows to remarry despite considerable social resistance.
Domestic
violence in marriages, however, went largely neglected even though these
changes addressed certain aspects of gender inequality. British judicial
systems were not intended to get involved in family affairs, but rather to
uphold social order. Because British common law maintained the idea of
coverture, according to which a wife was legally subservient to her husband,
marital rape and physical abuse were not regarded as crimes. Furthermore, out
of concern for the reaction of social and religious groups, colonial officials
were reluctant to meddle with private laws about marriage and family. Because
of this, domestic violence was still seen as a personal issue rather than a
crime.
In
1947, India attained independence, and Article 14
and 15
of the Constitution guaranteed equality. But there was still a lot of domestic
violence. Women's movements in the 1970s and 1980s raised awareness of problems
including marital violence and dowry killings. The Indian Penal Code (IPC)
was amended in 1961 to include Section 498A, which made cruelty to women by
their spouses and in-laws illegal. The Protection of Women from Domestic
Violence Act (PWDVA), passed in 2005, was a historic statute that gave victims
civic rights. Due to ingrained societal norms, economic reliance, and
ignorance, domestic abuse endures in contemporary India despite these legal
protections.
The
societal structure of patriarchy gives men power over women, which perpetuates
the idea that women are dependent on and subservient to men in the home. For
many years, this system has defended domestic abuse as a way to keep power,
especially in marriages where husbands are frequently viewed as having the
authority to "discipline" their wives. Women find it challenging to
pursue justice as a result of the normalization of such abuse, as a society
rather than the offenders frequently blame victims. The cycle of violence was
further cemented by the historical perception of domestic abuse as a private
problem, even inside the judicial system.
Expectations
regarding gender roles are a major factor in forming marriages and fuelling
domestic abuse. In India's rural and urban areas, women are frequently expected
to be submissive, selfless, and loyal to their families. Conventional wisdom
dictates that a woman's primary duty is to take care of her husband, kids, and
home, frequently at the expense of her health. Women may experience physical,
mental, or financial assault if they don't live up to these expectations by
stepping out, pursuing a profession, or refusing to put up with abuse. Because
women in rural communities have less access to economic independence and
education, gender norms are considerably more inflexible, leaving them more
susceptible to domestic violence. On the other hand, metropolitan women
continue to experience domestic violence, which frequently takes the form of
coercive control, emotional abuse, and harassment at work, despite having more
financial and educational options.
Domestic
violence is further perpetuated in Indian households via the socialization of
both boys and girls. Boys are frequently instilled from a young age with an
attitude of entitlement and superiority over girls. Men are viewed as
decision-makers and women as caregivers, and they observe and absorb these gendered
behaviours. Contrarily, girls are socialized to be obedient, understanding, and
cooperative with male authority. Boys are conditioned from an early age to view
violence as a legitimate means of control, while females are taught to put up
with abuse for the sake of stability and family honour. This dynamic is
especially evident in rural areas where patriarchal beliefs are still strongly
ingrained.
In
Indian marriages where a woman's treatment in the house is determined by money
transactions, the dowry system has long been a major contributing cause to
domestic violence. The inability of the bride's family to provide for the
groom's family financially frequently results in dowry-related violence and
harassment, which can include physical and psychological abuse, desertion, and,
in the worst situations, dowry killings. The practice is still prevalent,
especially among traditional families in urban settings and rural locations,
despite official bans under the 1961 Dowry Prohibition Act. The dowry expectation
puts a financial strain on the bride's family and perpetuates the idea that
women are not only financial obligations but also people without rights or
autonomy.
India
has several laws that protect victims of domestic violence and provide legal
remedies to combat dowry-related violence, economic reliance, and financial
exploitation of women. One important piece of legislation that makes giving and
receiving dowries illegal and imposes fines on both parties is the Dowry
Prohibition Act of 1961.
Nevertheless, harassment relating to dowries persists, and enforcement is still
difficult. Section 498A of the Indian Penal Code (IPC)
has strict rules that make cruelty to women resulting from dowry demands a
crime that is punishable by law and does not need bail.
Holding offenders accountable for domestic violence connected to dowry
harassment has been made possible in large part by this clause.
One
of the main causes of women's inability to leave violent relationships is
economic reliance. Since women are supposed to stay at home and males are the
only breadwinners, they have little to no access to independent income in many
Indian homes, especially in rural regions. Because leaving an abusive
relationship frequently results in financial instability, social humiliation,
and a lack of support, this reliance compels women to put up with domestic
abuse. Despite greater access to school and professional possibilities, many
women still experience income disparities, workplace discrimination, and social
pressure to put family before career, even in metropolitan regions. These
restrictions further ensnare individuals in abusive cycles by making it
impossible for them to attain total financial freedom. Women who lack financial
means find it difficult to support themselves and their children, which deters
them from pursuing legal action or leaving violent relationships.
Domestic
violence is a widespread problem that cuts beyond national and cultural
borders, yet how it is viewed and accepted varies greatly among cultures. Domestic
abuse has been normalized in many cultures because it is ingrained in social,
religious, and cultural values. Patriarchal systems frequently perpetuate the
notion that males are in charge of women, considering abuse to be a personal
family issue rather than a societal or legal one. Victims and society as a
whole become less conscious as a result of this normalization, which makes it
challenging to identify abusive behaviour as a human rights violation.
The problem is made worse by weak legal enforcement, since officials may ignore
complaints, put family preservation ahead of justice, or lack the necessary
expertise to deal tactfully with domestic abuse situations. The social
acceptability of abuse deters victims from coming forward out of fear of
embarrassment, reprisals, or becoming financially dependent on their abusers.
Furthermore, cultural taboos may preclude conversations regarding domestic
abuse, so prolonging misery and silence. Victims are thus frequently kept in
abusive situations and have no access to support networks or the legal system.
Reforming the law, raising awareness, and changing culture are all necessary to
address this problem and dispel ingrained notions that support violence. To assist
in ending the cycle of abuse and give victims the confidence to pursue justice,
legal frameworks should be strengthened and education should be encouraged.
Communities'
levels of social tolerance for domestic abuse vary, and these differences are
frequently caused by cultural norms that place a premium on conventional gender
roles, male authority, and family reputation. In many patriarchal cultures,
women are expected to be subservient, and any departure from this norm can have
severe social and even physical consequences. Household violence is often
viewed as a kind of discipline rather than a crime, which serves to further the
idea that outsiders shouldn't meddle in private affairs. This kind of thinking
deters victims from coming forward because they worry about social rejection,
losing family support, and possibly facing financial repercussions. Victims are
frequently pressured to put up with abuse rather than seek out outside help or
legal counsel by communities that prioritize family honour over personal well.
Domestic
abuse is usually seen as a private affair in conservative and rural countries,
which prevents judicial action. Victims, especially women, are further
pressured to remain in abusive relationships by the stigma associated with
separation and divorce. In these kinds of communities, abuse is normalized,
which leads to a cycle of silence in which victims do not seek assistance or
acknowledge that their suffering is a violation of their rights. These views
are occasionally supported by social institutions, such as religious and
cultural leaders, which deter women from filing lawsuits or leaving violent
relationships.
The
judicial and law enforcement systems are another area where
social tolerance has an influence. According to studies, police officers
and judges may take on similar views in communities where domestic abuse is
commonplace. Legal safeguards might not be sufficiently enforced, and abuse
cases are frequently written off as trivial domestic conflicts. Victims who
seek assistance from the police or courts may encounter victim-blaming
attitudes, which deters them from pursuing justice. The assumption that
domestic violence is acceptable is maintained by the belief that a husband has
the right to "correct" his wife, either physically or mentally.
Because of how deeply rooted this notion is, even victims of abuse may come to
accept it as a normal aspect of marriage, normalizing rather than questioning
their pain.
It
takes extensive legislative reforms, awareness efforts, and cultural shifts to
address the widespread acceptance of domestic abuse. To interrupt this pattern,
it is imperative that laws against domestic violence be strengthened, that
communities be educated about gender equality, and that victims have easy
access to support networks. By opposing detrimental cultural practices and
enabling people to refuse abuse, society may endeavour to lessen domestic
violence and guarantee victims receive justice.
Traditional
and religious ideas are important in forming how society views domestic abuse
and frequently affect how people view and react to abusive conduct. Obedience,
subordination, and male leadership in the home are emphasized in many
societies' readings of religious texts and traditional cultural customs. These
ideas may have started as a way to foster peace within the family, but they
have occasionally been abused to excuse domestic violence. It can foster an
atmosphere where abuse is accepted rather than denounced when loyalty to one's
spouse is prioritized over equality and respect for one another. Even amid
abuse, some theological interpretations require women to maintain their
composure and obedience, which perpetuates damaging power disparities and makes
it more difficult for victims to flee abusive relationships.
The
promotion of male domination via religion and cultural rituals is one of the
main causes of domestic violence. Men are seen as the head of the family in
some cultural and religious situations, and they have the power to manage and
discipline their spouses. Violence is normalized as a means of punishment or
correction as a result of this view. To enforce compliance, women who question
authority or express their independence may be subjected to economic,
emotional, or physical violence. Victims are further deterred from seeking
assistance by the cultural notion that women should forgo their well-being to
maintain family unity.
Domestic
violence is also influenced by the shame associated with separation and
divorce. Divorce is restricted or even forbidden in certain religious
organizations, which leaves victims with few ways to leave abusive
relationships. Marriage sacredness is frequently valued more highly than
personal safety, which causes family, religious authorities, and neighbours to
put up with abuse rather than seek social or legal action. Because they fear
social rejection or religious censure, victims are kept in abusive
relationships, perpetuating a cycle. In severe situations, elders and religious
leaders may step in to help bring about reconciliation rather than justice in
domestic abuse cases, frequently at the expense of the victim's welfare. These
therapies reinforce the concept that leaving an abusive spouse is ethically
wrong and concentrate on maintaining the marriage rather than making abusers
accountable.
Further
supporting the notion that domestic abuse is a personal family affair rather
than a legal one are various customs. People are hesitant to report abuse or
seek protection because of cultural traditions that restrict outsiders from
meddling in domestic matters. In patriarchal cultures, victims are further
silenced by gender norms that say women should be submissive, meek, and
dependent on their husbands. For survivors, seeking justice is made more
difficult by a lack of legal knowledge and restricted access to support
resources.
It's
crucial to understand, though, that a lot of religious teachings support
partnerships based on love, respect, and non-violence. Misunderstandings and
cultural distortions of religious beliefs are the problem, not religion per se.
Numerous religious texts advocate for empathy, equality, and treating everyone
fairly, including couples. Working with religious leaders to read scriptures in
a way that condemns abuse and supports gender equality should be a part of
efforts to reduce domestic violence. The rationalization of domestic violence
may be contested by encouraging women to acknowledge their rights and educating
communities on the actual meaning of religious teachings. The definitions of
domestic abuse may be contested by enlightening communities about the real
meaning of religious teachings and enabling women to assert their rights.
Furthermore,
a lack of legal knowledge and financial reliance are major factors in the
continuation of domestic violence. It is more difficult for women to leave
abusive circumstances in many religious and traditional contexts because they
have less access to financial independence, work opportunities, and education.
Many victims are ignorant of their legal rights or worry that they will be
shunned by society if they ask for assistance. This reliance is exacerbated by
religious organizations that do not aggressively promote women's empowerment,
trapping victims in abusive cycles with little chance of justice or autonomy.
It
is crucial to acknowledge, nevertheless, that a lot of religious teachings
support partnerships based on love, respect, and non-violence.
Misunderstandings and cultural distortions of religion, rather than religion
itself, are the issue. The equal value of both spouses in a marriage,
compassion, and respect for one another are all emphasized in several religious
texts. The patriarchal interpretations that defend dominance and subordination,
however, frequently eclipse these beneficial features.
Religious
leaders must be consulted to reinterpret scriptures in a way that condemns
abuse and supports gender equality as part of the fight against domestic
violence. Religious academics and faith-based groups may be extremely helpful
in teaching communities the core principles of their teachings, which include
non-violence, justice, and compassion. To make sure that victims get the help
they require rather than being coerced into silence, legal systems should work
with religious organizations. Additionally, educating people and empowering
them economically can help halt the cycle of dependency and provide victims with
the resources they need to take back their rights. The way that domestic abuse
is viewed and accepted is significantly influenced by religious and traditional
values. It is crucial to dispel these myths and advance a more inclusive,
courteous, and equitable interpretation of religious teachings, even while some
interpretations excuse abuse. Societies should endeavour to eradicate domestic
violence and guarantee that faith and tradition function as sources of
protection rather than oppression by clearing up misunderstandings, supporting
victims, and holding abusers accountable.
According
to a lack of knowledge and societal acceptability of abusive actions, domestic
violence continues to be one of the most common yet underreported crimes in the
world. Domestic abuse is not considered a severe crime in many nations, and
victims sometimes are unaware that their suffering is ethically and legally unacceptable.
Deeply held cultural ideas, a lack of legal literacy, and a lack of public
discussion about domestic abuse are the main causes of this ignorance.
Perpetrators frequently do not consider their conduct to be illegal, and many
victims are ignorant of their rights. Generational cycles of violence are
sustained when domestic abuse is normalized, which results in widespread
underreporting and restricted access to justice.
The
way society views marriage and relationships plays a significant role in the acceptability
of domestic abuse. Marriage is frequently seen in conservative nations as an
institution in which wives are supposed to be docile and subservient to their
husbands. The notion that a husband has the authority to punish his wife, even
by physically or emotionally abusing her, is supported by this view. Victims in
these situations internalize their pain because they think it's a normal aspect
of marriage. As a result of psychological training, victims could not even
recognize their experiences as abuse, which keeps them from pursuing social or
legal assistance.
The
ignorance of victims and communities on the law is another important element.
Many people are unaware of domestic abuse laws and their protections,
particularly in rural and less educated areas. Because of institutional
problems, corruption, and a lack of enforcement, domestic abuse laws are
frequently not implemented well in nations where they are present. The
trivialization of domestic abuse situations by law enforcement and law enforcement
officials may deter victims from reporting events. Authorities often even
encourage victims to make amends with their abusers instead of going to court,
which serves to further legitimize society's acceptance of violence.
It
is impossible to overlook how the media and educational system influence public
perceptions of domestic abuse. In cultures where gender-based violence is
accepted, the topic is frequently not given much attention in public discourse
or in school curricula. Domestic abuse is rarely addressed as a human rights
violation by media outlets, educational institutions, and places of worship,
which promotes ignorance and false information. People continue to reinforce
negative perceptions and defend abusive practices in the absence of adequate
education on gender equality and legal rights. The normalization of domestic
violence can also be influenced by how it is portrayed in the media,
particularly when toxic relationships are romanticized or violence is portrayed
as a tool for controlling a partner.
Another
serious problem connected to ignorance is the underreporting of domestic abuse.
Victims dread scepticism from authorities, revenge from the abuser, or societal
censure. Many survivors fear that coming forward may embarrass their families
or result in more abuse. Women who disclose abuse may be accused of inciting
their partner or neglecting their marital responsibilities in patriarchal
settings. This deters people from pursuing social assistance or legal
protection, enabling the abuse cycle to go unbroken.
The
issue is made worse by the lack of robust legal frameworks or by their poor
application. Because of corruption, a lack of funding, or cultural perceptions
that see personal issues as private concerns, the implementation of laws
against domestic abuse is sometimes lacking, even in nations with such laws. In
many judicial systems, victims must present substantial evidence of abuse,
which makes obtaining justice challenging. To evade responsibility, offenders frequently
persuade authorities or take advantage of legal gaps. In many parts of the
world, domestic violence persists due to a lack of victim-cantered legislative
measures and severe enforcement.
A
multifaceted strategy is needed to address domestic violence, one that includes
social awareness campaigns, education, and legislative reforms. To enact
comprehensive laws that safeguard victims and punish abusers, governments and
groups must collaborate. The response to domestic abuse situations may be enhanced
by fortifying law enforcement, guaranteeing appropriate training for law
enforcement and court personnel, and offering easily available legal help.
To
alter cultural beliefs, public awareness efforts involving education, the
media, and community involvement are crucial. To empower people from an early
age, schools should include legal literacy and gender equality initiatives in
their curricula. Instead of condoning domestic abuse, media outlets need to be
accountable for spreading narratives that denounce it. Cultural attitudes can
also be changed by enlisting the support of religious and community leaders to
question conventional explanations for abuse.
The
creation of victim support networks, including financial assistance programs, counselling
services, and shelters, can assist survivors in regaining their independence
and starting again. To support victims of domestic abuse, governments and
non-governmental organizations should fund crisis centres, helplines, and
rehabilitation initiatives. Victims can be more empowered and safer
environments can be created by supporting community-driven solutions and
advocacy organizations headed by survivors.
In
summary, a lack of knowledge, deeply rooted cultural views, economic reliance,
and lax legal enforcement are the main causes of domestic violence's continued
prevalence. A comprehensive strategy including community activity, media
participation, education, and legislative reforms is needed to address this
problem. Societies may endeavour to eradicate domestic violence and guarantee
justice for survivors by opposing the normalization of abuse and providing
victims with information and tools.
In
conclusion, a comprehensive and long-term strategy is required to eradicate the
widespread problem of domestic violence in India, which has its roots in
historical, cultural, and socioeconomic elements. The story highlights a
long-standing fight against systemic oppression, from the ancient texts like
the Manu Smriti, which upheld patriarchal norms and oppressed women, to the
colonial era's disregard for marital abuse and the difficulties in enacting
progressive laws after independence. Even with the passage of historic
legislation such as the Protection of Women from Domestic Violence Act (PWDVA)
and changes to the Indian Penal Code (IPC), there is still a sizable disconnect
between the letter and the spirit of the law.
Rigid
gender norms, the dowry system, and economic reliance all contribute to the
normalization of domestic violence, which feeds an abusive cycle that cuts over
both urban and rural boundaries. This detrimental relationship is further
cemented by socialization practices that teach girls to accept subservience and
guys to exercise dominance. Furthermore, different societal tolerance levels
that are impacted by religious interpretations and cultural conventions
sometimes discourage victims from seeking assistance, which perpetuates a
culture of silence. The issue is made worse by a lack of legal knowledge, the
social acceptability of abusive behaviour, and insufficient court and law
enforcement remedies.
To
address this complicated issue, a comprehensive approach that includes
community involvement, public awareness initiatives, and legislative measures
is needed. Governments and non-governmental organizations must work together to
fortify legal frameworks to provide strong enforcement and easily available
legal help for victims. Beginning in early life, educational programs should
challenge deeply held patriarchal views and advance gender equality and legal
literacy. Media organizations must condemn domestic abuse and promote a
respectful society.
Additionally,
empowering women economically and offering all-encompassing support systems,
such as financial aid, counselling, and shelters, are essential for encouraging
survivors to leave abusive situations. Shifting social views requires enlisting
the help of religious and community leaders to read texts and cultural customs
in a way that denounces abuse and promotes gender equality. In the end,
breaking down the ingrained systems that support domestic abuse necessitates a
shared dedication to questioning damaging conventions, supporting victims, and
prosecuting offenders. We can only expect to establish a culture where women
are valued, safe, and empowered to live without violence by persistently
working to educate, lobby, and pass laws.
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Arthi Ramachandran and Ramachandra
Subramanian, Beyond the Courtroom: Exploring the Potential
of Alternate Dispute Resolution in Domestic Violence Cases in
India,5.1 JCLJ (2024) 28
Adiba Khan* and Gunjan
Kanoongo, A Surge in Domestic Violence:
Manifestations of the Virus.1 VSLR (2020) 196
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