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Domestic violence -- also called dating violence, intimate partner abuse, spousal abuse, intimate
partner violence, and domestic abuse -- takes many forms. Maltreatment that takes place in the
context of any romantic relationship is abuse as described by the above specific terms. It
therefore affects men, women, or teen girls and boys, whether in a married or unmarried
heterosexual or homosexual relationship. Intimate partner violence may consist of one or more
forms, including emotional, psychological, physical, sexual, or economic abuse and is defined as
one person in an intimate relationship using any means to put down or otherwise control the
other. Types of domestic abuse include physical, verbal (also called emotional, mental, or
psychological and financial)
Physical violence includes assault of any kind, ranging from pinching, pushing, hitting, or
slapping to choking, shooting, stabbing, and murder. Verbal, emotional, mental, or psychological
abuse is described as using words to criticize, demean, or otherwise decrease the confidence of
the wife, husband, or other intimate partner victim. Sexual abuse refers to any behavior that uses
sex to control or demean the victim, like intimidating the victim into engaging in unsafe sex or
sexual practices in which he or she does not want to participate. Economic or financial abuse is
described as limiting the victim's financial freedom or security. Spiritual abusers either force the
victim to participate in the batterer's religious practices instead of their own or to raise mutual
children in a religion that the victim is not in favor of. Stalking refers to repeatedly harassing and
threatening behavior, including showing up at the victim's home or workplace, placing harassing
phone calls, voicemail, email or postal mail messages, leaving unwanted items, or vandalizing
the victim's property. It is usually committed by perpetrators of other forms of domestic
violence.
What classifies as domestic violence?
The way in which domestic violence is classified by each individual has a lot of different
perspectives. When a normal lay human thinks of domestic violence, the images that surface in
his or her mind include acts of serious physical and mental torment.
But it is rather surprising and interesting to know how domestic violence is actually defined by
the Women’s Aid Federation of England(WAFE), a body that works under the United Nations
says “Any act that threatens the well-being of an individual is termed as abuse, while
domestic violence is the systematic method in which one partner gains power and control
by instilling fear and forcing subservience. Violence is not only physical abuse, but
emotional, economic, verbal, and sexual”, i.e domestic violence does not have anything to do
with the physical aspects of it. It definitely is related to the physical aspect, but it has more to do
with the mental clogs, i.e. the pressure of being under the regulation of someone else, who does
not understand or respect your needs, desires, thoughts and ideas.
It is no surprise that every one in three women in India has faced an issue of domestic violence.
The figures we read about are disturbing.
In a society that is constantly brimming with education and awareness for all, why is it that
women stay mute?
1) Many times a woman feels that the abuse she goes through is her fault, that she has made
a mistake. This deduction is false; abusing is the abuser’s fault not the victim’s. In the
beginning of this horrifying journey the victim may feel the reasons for being abused are
justified, as time goes on and she keeps changing herself for the abuser, she then realizes
that there is no escaping from his wrath, he will be violent for any reason and no reason
at all. An abuser feels entitled over the victim’s body and her mind, she is not allowed to
have individuality, for the abuser she is his “commodity”.
2) Women are usually afraid to report cases of domestic abuse in fear that her husband will
be arrested, that a long legal proceeding will ensue bringing public shame and scrutiny.
For this reason ‘Special Cells’ have been created, it provides counseling to husbands and
wives where they teach communication methods, and the counselors slowly work to
remove aggression. The first attempt is always to save the marriage, as the solution to
domestic violence is not always separation. Yet this decision is in the hands of the wife, if
she believes she does not want to stay with her husband then she is not obliged to go
through counseling.
What is the real nature of domestic violence?
For those without personal experience, appreciating its nature requires the recognition that
domestic violence is a real and serious violence that can result in permanent injuries and
sometimes death (Home Office, 2002). The ‘Imagine’ poster identifies and illustrates key
elements of domestic violence including those summarized in the ‘physical, sexual,
psychological and financial violence’ strap line of many formal definitions, and which form the
basis of criminal offences in many legal systems.
what is domestic violence? The “Imagine” poster explains this to the world. It is a very famous
drive started in England, against domestic violence that comes to define what it is like to be
facing domestic violence (2003). It is very important to be able to recognize the acts of domestic
violence against women.
• Imagine . . . being afraid to go to sleep at night, being afraid to wake up in the morning.
• Imagine . . . having to watch everything you do or say in case it upsets the person you live with
– or else you’ll be punished.
• Imagine . . . having to seek permission to go out, to see your friends or your family, or to give
your children a treat.
• Imagine . . . being a prisoner in your own home – imagine being timed when you go out to the
shops.
• Imagine . . . that you believe what he tells you – that it’s your fault. That if only you were a
better mother, lover, housekeeper, kept your mouth shut, could only keep the children quiet,
dressed how he liked you to, kept in shape, gave up your job – somehow things would get better.
• Imagine . . . that you don’t know where to get help, what to do, or how to leave.
• Imagine . . . that you can’t face the shame of admitting what’s really going on to family or
friends.
• Imagine . . . his threats if you dare to say you will leave. How could you ever find the strength
to leave? Will you ever be safe again?
• Imagine . . . threats to find and kill you and your children, wherever you go.
Laws against domestic violence in India
Widespread and rampant violence against women is one of the most pressing problems India
struggles with as a society. It is estimated that around 37 percent of Indian women have
experienced either physical or sexual violence in their lifetime.
In 2013 alone, there were nearly a hundred and twenty thousand reports of domestic violence
against women, according to India’s National Crime Records Bureau.
Furthermore, a 2015 study conducted by the Planning Commission of India surmised that a
whopping 84 percent of women have been abused in their homes at least once.
However, a majority of these women are far too afraid of social stigma to reveal that they are
victims of abuse. This is due to women’s poor social standing in Indian society, where beating a
woman for even the smallest things is seen as a justified act.
In turn, this leads to a lack of support, even from close friends, when domestic violence victims
seek help in escaping their situation.
Thankfully, the Indian government has already put into place a number of rules and regulations
that are designed to protect Indian women from domestic violence.
If the following laws are properly enforced, women in India may be able to hope for safer, more
peaceful homes within the near future.
A special section, numbered 498-A, that officially made domestic violence a criminal offense
was added to the Indian Penal Code in 1983. This section of the law specifically covers cruelty
towards married women by their husbands or their husbands’ families.
A helpful clause in this section allows women’s relatives to make the complaint for them. This is
extremely beneficial in cases where the woman is too afraid to speak up for herself, for reasons
such as she could get caught by her husband or simply cannot leave the house.
One kind of cruelty that can be punished is behavior that causes a woman’s death or serious
injury, or pushes her to commit suicide. Another kind is the type of harassment relating to
intimidating the woman or her relatives to give up her property.
Under the policy, acts of cruelty include, but are not limited to, the following:
physical abuse;
mental torture through threats to her or her loved ones (such as children);
denying the woman food;
locking her in or out of the house as punishment; and
demanding perverse sexual acts against the woman’s will.
Convicted offenders will be charged with up to three years of prison, as well as a hefty fine.
Created in 2005 and enacted over a year later, the Protection of Women from Domestic Violence
Act is exactly what the title proclaims.
This is the first law in India to specifically acknowledge every woman’s right to be in a home
without violence. In fact, it was seen as a major step forward in securing women’s rights and
more effective protection.
It is a long and comprehensive law that details several important policies and procedures meant
to help women.
First, it gives a specific definition of domestic violence: actual or threats of physical, mental,
emotional, sexual, or verbal abuse, as well as harassment regarding dowry or property.
Women are given the right to seek protection against such acts, and their relatives can file a
complaint for them against husbands who break the law.
Second, a woman’s right to reside in their “matrimonial household” is clearly recognized. She
cannot be evicted from it as she rightfully shares it with her husband.
If she is evicted, she has the right to seek monetary compensation and safe shelter, as well as free
legal and medical aid.
Lastly, both NGOs and divisions of the Indian Government – such as the National Commission
for Women – took the initiative to organize awareness seminars that could be easily attended by
women who are affected by this act, e.g., women in high risk areas.
Violators of this law will either be mandated to compensate the woman financially, or will be
served a restraining order to keep them away from the complainant.
3. The 2013 Criminal Law Amendment
As a response to the requests made by the Justice Verma Committee, a small commission named
after and headed by one of India’s most highly regarded jurists, a lengthy list of amendments to
the Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act were
introduced in this 2013 act.
The aim of the amendment was to provide harsher and swifter punishment for those criminals
who committed abuse against women.
Details regarding sexual assault and rape were clarified and added onto. For instance, “rape” was
given a better and more exhaustive legal definition, to include non-consensual penetration using
non-sexual objects, as well as non-penetrative sexual acts.
Penalties for offenses such as rape, assault, and sexual harassment were increased.
In particular, heavier sentences were declared for rapists, even including the death sentence for
particularly disturbing cases, such as gang rape where the victim was left in a vegetative state
after the crime.
New offenses that are punishable by law were introduced by the amendment as well. These
include, but are not limited to:
acid attacks (the act of throwing acid upon a woman with the intention of disfiguring,
maiming, or outright killing her);
stalking;
voyeurism (spying with prurient or indecent interest); and
publicly and forcefully disrobing a woman
However, despite the commission’s recommendations, the amendment failed to address the issue
of marital rape. This exception basically assumes that marriage automatically means the woman
will always consent to her husband’s sexual desires.
This ridiculous notion implies that rape cannot happen within a marriage, when in fact it does,
and even happens quite frequently to Indian women.
Crime Against Women Cells
This is an initiative of the Indian government to better help female victims of domestic abuse. In
every district’s police station, a Crime Against Women (CAW) cell was put in place.
Women suffering from domestic violence may approach these specialized help desks for direct
assistance from the police, whether to file an official complaint or follow up on one. Each one is
headed by an assistant commissioner.
This program begun in 2010, as the Indian government’s answer to steadily growing numbers of
abuse that targeted women.
The famous ‘Bell Bajao’ campaign encouraged residents to stop domestic violence by ringing
the doorbell whenever violence was suspected. The problem is that even though we are aware of
a neighbor whose shouts are heard due to pain, we tend to mind my own business and walk
away. It’s not that we don’t feel bad; it’s that the ‘bystander effect’, a concept of social
psychology comes into play. We believe that someone else will help that individual, someone
braver, stronger, and more experienced in handling this situation.
Now the law is on women’s side, with the Protection of Women against Domestic Violence Act
(2005), the Indian Law has come to realize that there are multifaceted problems faced by women
in domestic affairs. This Act protects women, helps women, and also provides safety to women
economically, physically and mentally. When a woman files an FIR against her abuser, she gets
immediate help from the police and there is no delay in nabbing the criminal. Now, a woman
does not have to go through a battery of cross questioning where her integrity is put to question,
she is legally in the position of power and her needs are met first.
We tend to ignore the fact that help is needed from both sides. The abuser needs to go for
psychological counseling and should have anger management therapy, while the victim needs
counseling to regain her sense of self and individuality, to make her more independent and self-
assured. Being an extremely aggressive individual with no control over your emotions does not
have to be your destiny, it can be stopped with the application of the right methods and getting
the right help.
In Summary
While the Indian government has made significant efforts in reducing the largely unchecked
epidemic of violence against women, there is still a long way to go.
Merely passing laws meant to protect women from abuse is obviously not enough to achieve
success. Even after the 2013 amendment, horrific crimes such as gang rapes continue to happen,
and happen publicly.
The numbers have even continued to rise, though this may be because of increased awareness
among women, resulting in greater reporting of domestic violence overall.
A necessary step in moving forward lies in changing the overall mindset of society towards
women. There needs to be more education on how to treat women as equals, instead of as lesser
beings that deserve to be punished for the tiniest mistakes.
If the Indian government can combine proper enforcement of their existing laws with thoughtful
gender education programs, we could be looking at a safer and brighter future for Indian women
in the next few decades.
Case study
Story of survivor
Very soon after marriage my husband started to beat me for every silly reason . He thinks he is
superior to me and can do whatever he wants to. Once he slapped me tightly for not serving his
favorite rice. There are many such instances .He uses foul language and beats badly and it was
very common for him . This continued for years .One day he tried to choke me by squeezing my
neck when I was asleep. This incident horrified me. I immediately seeked the help of police on
the advice of father- in- law and asked them to counsel him . I then went to my maternal house
to stay . Later I was told that such incidents will not be repeated in future and agreeing to that I
went back to my in law’s house . But in reality his torture continued .
My daughter who was in 8 class then and we were covering her books, for a moment she went
to watch T.V .My husband started scold her using abusive language. Seeing that I asked him
not to use such language. He came towards me holding scissors in his hand and threatened me
that we would cut my tongue with that scissors. I was totally scared and fainted assuming that he
had done it and I couldn’t speak out of fear . I was taken to the hospital it was then that I decided
that I should end such threatening relationship and by filing a divorce ended our 16 years of
marriage
B.
I got married in November 2013 . At the time of marriage my father gave all household things ,
money ,and gold too but after a few days of marriage my husband and my in laws stared asking
for money and when I refused them my husband verbally abused me and also beat me badly
.they used to also throw me out of the house hoping I would bring money from my house . He
also threatened to kill me.
His physical and verbal abuses never stopped . I was scared of him and never spoke against him .
It became unbearable when I got to know his illicit relationship when asked he beat me badly
and due to which I got fractures . Finally I ended the relationship with him.
Observation - There are many cases of domestic violence happening around. Whenever such
incidents takes place the first thing is to not support it by being silent and report it to the police.
One should take courage to say no to such abuses happening. Women needed to be courageous
and should be well aware of their rights and they should be supported.
Between 15 and 76 percent of women are targeted for physical and/or sexual violence in their
lifetime, according to the available country data. Most of this violence takes place within
intimate relationships, with many women (ranging from 9 to 70 percent) reporting their husbands
or partners as the perpetrator. Across the 28 States of the European Union, a little over one in
five women has experienced physical and/or sexual violence from a partner (European Union
Agency for Fundamental Rights, 2014).
CONCLUSION:
While the Indian government has made significant efforts in reducing the largely unchecked
epidemic of violence against women, there is still a long way to go.
Merely passing laws meant to protect women from abuse is obviously not enough to achieve
success. Even after the 2013 amendment, horrific crimes such as gang rapes continue to happen,
and happen publicly.
The numbers have even continued to rise, though this may be because of increased awareness
among women, resulting in greater reporting of domestic violence overall.
A necessary step in moving forward lies in changing the overall mindset of society towards
women. There needs to be more education on how to treat women as equals, instead of as lesser
beings that deserve to be punished for the tiniest mistakes.
If the Indian government can combine proper enforcement of their existing laws with thoughtful
gender education programs, we could be looking at a safer and brighter future for Indian women
in the next few decades.
Violence against women is a problem around the world. It effects women of all races , ethenic
groups , classes and nationalities. It is a life threatening for women and a serious problem for
societies. In many countries, women fall victim to traditional practices that violate their human
rights. Violence effects the lifes of millions of women worldwide in all socio-economic and
educational classes. It cuts across cultural and religious barriers, impeding the right of women to
appreciate fully in society.
Violence against women takes a dismaying variety of forms, from domestic abuse to rape to
child marriages to female circumcision. All are violations of the most fundamental human rights.
REFERENCES:
www.wikipedia.com
www.protectwomeninidia.com
www.bbc.co.uk/womenstatisticsinindia.com/hyj2
www.runforthwomen.utf6//india-women-2015