Awareness Relating To Domestic Violence, From The Perspective Of The Protection Of Women From Domestic Violence Act 2005

Author :- Arihant Chatterjee , Sister Nivedita University

Abstract

Domestic Violence is one among the most widespread and increasing social maladies of Indian society with intricate problems and multi-dimensional causes based on the religion , belief , faith traditions , societal , historical and cultural factors . Social reasons like gender inequality , illiteracy , poverty lends to power imbalance in the relationships , allowing the abusers to have control over the victims . Historical circumstances, like the patriarchal nature of the society , have sustained the ideology of male supremacy and domination , confirming gender based abuse and violence . Religious doctrines and cultural beliefs have also contributed in sustaining or condoning abusive conduct , like dowry related problems .

Through this article I have attempted to project the principal problems , causes , reasons , effect of domestic violence on Indian society and its legal impacts in the context of the Protection Of Women From Domestic Violence Protection Act 2005 . I have used both closed ended and open ended research methodologies such as questionnaires and interviews and carried out surveys in an attempt to understand the common people's perception of domestic violence and based on them , I have constructed my findings and analysis .

Keywords

Domestic Violence , Abuse , Impact , Judgements , Factors , Issues , Forms , Types , Fact, Survey , Remedies , Solutions , Dowry .

Introduction

What is Domestic Violence ?

Ans :- Domestic Violence in the Indian context can be described as a repeated pattern of behavior involving the use of abusive power or control in any relationship to obtain or to maintain power and control over an intimate partner . Domestic Violence can be physical , sexual , emotional , economic , psychological , or technological behaviors or threats of coercive behaviors or other types of coercive behaviors that control another individual in an intimate partner relationship . This may be any behavior that intimidate , manipulate , humiliate , isolate , frighten , terrorize , coerce , threaten , blame , hurt , injure or wound an individual . The Protection of Women from Domestic Violence Act 2005, defines Domestic Violence in broad terms .

It states in Section 3 of the aforementioned act that it constitutes any act or deed that hurts or jeopardizes the health , safety , life , limb , or well-being of a woman , either mental or physical . These include physical abuse , sexual abuse , emotional and verbal abuse , and economic abuse . The Act seeks to safeguard women in all domestic relationships , such as with husbands , live-in partners , and family members .

Forms of Domestic Violence :- The types of domestic violence can range from physical , sexual , verbal and emotional abuse to economic abuse , The main types or forms of domestic violences are as follows :-

Physical Abuse :- This is likely to be the most outwardly apparent form of domestic violence, frequently leaving physical marks and injuries . It encompasses acts like hitting , punching , kicking , or the use of weapons to cause injury . Physical abuse victims can experience long-term health effects , both physical and psychological .
Sexual Violence :- Sexual violence in the context of domestic abuse can occur in many different forms, such as rape , sexual assault , coercion , and harassment . Marital rape , specifically is also a controversial subject , since it tends not to be reported because of societal taboos as well as legal issues . Victims of sexual violence can suffer from trauma , shame , and a violation sense .
Verbal and Emotional Abuse :- Both verbal and emotional abuse can be as harmful as physical violence , if not more so . This type of abuse besmirches a victim's self-esteem and psychological health by insulting them, threatening them , manipulating them , and gaslighting them . It can break down a victim's confidence over time, making them feel alone and powerless .
Economic Abuse :- Economic abuse is a subtle but powerful method of control , not typically considered in discussions regarding domestic violence . It is the controlling of access to money , jobs , or assets , trapping the victim in dependency . Economic abuse can complicate it for victims to escape abusive relationships or start anew on their own .

Important Factors Responsible For Domestic Violence :- The important factors which are responsible for or which contributes to domestic violence are as follows :-

a) Sociological Factors :- Sociological , and cultural factors such as anger issues / aggressive attitude , poverty / economic hardship , status difference , controlling / dominating nature , drug addiction , background and psychological instability ( bipolarism , depression , stress , etc.) among others are responsible for domestic violence . Lack of discharge of conjugal duties because of extra-marital affairs or absence of trust is also a causative factor.

b) Historical Factors :- Historical factors find their roots in the intrinsic ill of the patriarchy and superiority complex that has continued to dominate over centuries among males .

c) Religious Factors :- There is a stealthy kind of domination over women , if not direct and open , which appears in the religious sanctifications . This also assists in perpetrating domestic violence on women .

d) Cultural Factors :- Cultural Factors leading to domestic violence include the desire for a male child . This craze is emerging due to lack of awareness and intrinsic male superiority gives rise to perpetration of domestic violence against women . This is not an all-inclusive list of factors and the triggers or motives behind domestic violence could be different .

e) Dowry :- Dowry is a socio-cultural factor . However , it is becoming necessary to specially mention it due to the prevalent cases of domestic violence caused due to illegal demand of dowry . This was also realized by the Parliament since dowry -related domestic violence has been included as a separate head in the ambit of abuse leading to domestic violence under the Domestic Violence Act .

Impact Of Domestic Violence On The Society

Domestic violence is a widespread serious issue . It causes disastrous effects to its victims , their families and friends , the community at large and the entire society . The primary effect of domestic violence on the society can be examined under the following headings :-

a) Effect On Mental Health :- Vast amounts of research have squarely proven the effects of domestic abuse on women's physical and psychological well-being . Short term-wise , women tend to experience bruising , wounds , and burnings , cutting , and breakage of bones , or the more severe wounds resulting in disability. Women victims of domestic violence are more exposed to unwanted as well as unplanned pregnancy . They also stand a risk of getting contracted to transmitted diseases . Domestic Violence does not need to be physical , most of the women undergoing it will never have any kind of bruises or physical harm , It can appear in many shapes including emotional as well as psychological abuse and the effect can be much more severe as well as enduring .

b) Effect On Physical Health :- The long – term consequence of trauma can lead to chronic physical issues during the entire life . Trauma or exposure to trauma , are linked with a risk of :-

1) Cardio – vascular disorders

2) Arteriosclerosis hypertension

3) Gastrointestinal illness

4) Arthritis

5) Diabetes

6) Obesity

7) HIV, AIDS

Women who are abused are twice as likely to have chronic physical health issues compared to non – abused women .

c) Effect On The Children And Their Growth :- The effects of growing up in a home with domestic violence are complicated . Children do not necessarily need to see the abuse in order to realize something is wrong . They might hear an argument , see their mother’s bruises , or sense the tension between their parents , which is frightening and confusing . Research has indicated that kids who are brought up in domestic violence homes have a chance of being physically and or sexually attacked that is 15 times greater than children who are not .

d) Poverty :- Domestic Violence and poverty are interrelated to one another . Expenses incurred by individual women due to the violence they have to undergo include health care expenses , housing and shelter expenses , and legal expenses can lead women to poverty . Poverty further makes it more challenging to put an end to domestic abuse and recover from its impact .

e) Homelessness :- Domestic Violence can directly result in homelessness for women and children . When a woman decides that the abuse cannot continue then fleeing her home can be the only option available. Unfortunately when adequate support services are not available , women are frequently left with the choice of remaining in the abusive relationship or leaving and becoming homeless .

Important Judicial Judgements On Domestic Violence [ Case Laws ] :-

Some of the important landmark judgements on the issue of domestic violence have been listed in this article ;-

Inder Raj Malik V. Sunita Malik [ 1986 ]

Facts of the case :- In this case Sunita Malik [ complainant ] and her husband , Inder Raj Malik [ respondent ] , were married , for taking out more and more articles , the complainant Sunita was treated ruthlessly, beaten and starved and abused by her husband and in laws after marriage , especially during the festivals . One day , she was physically and mentally tortured to the extent of fainting in her matrimonial home , but no doctor was called for her medical checkup . Sunita Malik was threatened by her mother and brother-in-laws with death and kidnapping unless she forced her parents to sell their property in Hauz Qazi . Consequently it was found that the complainant Sunita Malik was treated brutally and physically tortured by her husband and in-laws . Sunita Malik was harassed to compel her to satisfy an illegal condition of movable and immovable property .

Issues Involved In The Case :-

1) Are Sec. 498A of Indian Penal code 1860, and Sec. 4 of the Dowry Prohibition Act 1961, susceptible to Double Jeopardy provisions of Article 20 ( 2 ) of the Indian Constitution ?

2) Is Sec. 498A of the Indian Penal Code 1860, ultra vires ?

Judgement Given By The Court :- In this case, the Delhi High Court was required to determine whether an individual could be convicted under both Sec . 4 of the Dowry Prohibition Act and Sec . 498A of the Indian Penal Code . The court reasoned that a person can be convicted under Sec . 4 of the Dowry Prohibition Act and Sec . 498A of IPC without being subjected to double jeopardy . The court reasoned that the Sec . 498A of IPC and Sec . 4 of the Dowry Prohibition Act are different , as under Sec . 4 of the Dowry Prohibition Act , the simple demand of dowry is punishable , while in Sec . 498A of IPC an act of cruelty done to a newly wedded woman is made punishable . Therefore , it can be said that an individual is liable to prosecution under both sections of the above mentioned acts .

Rajesh Sharma and Others V. State Of UP [ 2017 ]

Facts Of The Case :- Rajesh Sharma [ Appellant ] and Sneha Sharma [ Complainant ] were wedded on 28 th November 2012 . Dowry was provided by Sneha's father to the best of his capabilities , but the appellants were dissatisfied . They started harassing or beating the complainant and demanded three lakh rupees as dowry and a car. As the pregnancy of the complainant was terminated, the appellant was summoned under Sec . 498A and Sec . 323 of IPC . The wife brought a suit against the appellant and his relatives , she alleged that her husband had demanded dowry while she was pregnant and she was harassed by her husband and his relatives , leading to the abortion of her pregnancy . Appellants approached the High Court with a request that the summons issued against them should be cancelled . The court rejected their petition . Therefore , the appellants approached the Supreme Court in an appeal against the order of the High Court . The Appellants themselves were not interested in making dowry demands .

Issues Involved In The Case :-

1) Is there a need to check the tendency to include all the members of the family in settling a marriage dispute ?

2) Is Sec. 498A of IPC abused or not ?

Judgement Given By The Court :- In this case , it was determined that in order to protect the innocent person , i.e , the husband as well as their relatives , the court instructed for the formation of a Family Welfare Committee “ to deal with Sec . 498A of the IPC , and that no one would be arrested until the committee administered justice to the complainant " . The committee's main aim is to distinguish between real cases and fake ones . To assist victims of false complaints . The accused who was not in jurisdiction cannot be exempted from making personal appearances in the court and has to attend via video conference . The Supreme Court has appreciated that Sec . 498A of IPC is grossly misused in the present case , the Supreme court instructed the trial of the dowry – related offences and ordered that the persecution or harassment of the husband and married man must be stopped . Additionally , the aim of this committee is to make provisions for the restoration of the innocent citizens' human rights . The spouse and his relatives can have different perspectives during the conflict , and arrest and court remand is not the answer . The final aim of all judicial systems is punishing the evil and shielding the innocent one .

Remedies / Solutions

In order to solve the problem of domestic violence it is important to tackle the root cause of the issue . This may involve changing cultural attitudes towards women , improving women's education and employment opportunities , and providing support to victims are as follows :-

a) The most important measure in preventing domestic violence is modifying the perception of society toward women . This includes encouraging gender equality and challenging patriarchal beliefs . Media campaigns can encourage positive attitudes toward women , and educational programs can be employed to educate children about gender equality and healthy relationships .

b) Enhancing access to economic opportunities and education for women also serves to deter domestic violence . Women who are financially independent tend to be less likely to be victims of domestic violence since they do not have to rely on their partners economically . Programs such as vocational training and microfinance programs can make women economically independent and decrease the likelihood of them being subjected to domestic violence .

c) It is also necessary to provide support for domestic violence victims . This can include the provision of access to counselling , legal assistance , and safe shelter for women who are required to flee an abusive relationship . Increasing awareness of the issue is also very important , as well as pressuring victims to come forward about their experience .

d) Legal safeguards can also have a significant role in stopping domestic violence . The Protection of Women from Domestic Violence Act (PWDVA) was passed in 2005 to equip victims with legal safeguards . The law includes issuing protection orders that can bar the abuser from contacting or coming near the victim and can also make provisions for economic support and access to jointly held property .

Legal Steps / Actions That Can Be Taken Against Domestic Violence :- India's legal system offers various alternatives to victims so that they can protect themselves and secure justice. Following are some of the important legal remedies :-

• Filing a Complaint under Protection Of Women From Domestic Violence Act 2005 :- The victims can make a complaint under the Protection of Women from Domestic Violence Act . The Act provides several relief mechanisms , such as protection orders , residence orders , and financial relief to enable the victim to meet medical and living costs . Meeting with a Domestic Violence Case Lawyer can facilitate the filing process and make it more efficient .

Protection Orders :- A protection order legally prohibits the abuser from contacting or coming near the victim . This action is meant to prevent further violence or harassment and protect the victim and any children from harm .
Residence Orders :- Such orders may entitle the victim to live in the common household and prohibit the abuser from entering or going near the building . It assists in preventing the victim from being forced out of their home by the abuse .
Monetary and Custody Orders :- Victims can obtain financial support for themselves and their children , particularly where the abuser is the sole breadwinner . A Domestic Violence Case Attorney can help in the grant of interim or final relief for financial requirements , as well as custody orders favoring the safety and welfare of children .
Criminal Charges :- Criminal charges can be filed by the victims in cases of extreme physical violence under the Indian Penal Code (IPC) . Sections such as 498A address cruelty from a spouse or their relatives , providing criminal remedy in addition to the civil safeguard of the Protection Of Women From Domestic Violence Act 2005 .

Findings Of The Research

The following are the findings which I concluded my working on my research on this article :-

The problem of domestic violence is more visibly found in the middle – lower section of the society
The most common causes of such problem as concluded from the research are :- lack of education , compulsion to marriage at a very early age , alcoholism , dowry – related issues , lack of sufficient financial resources and others
In most of the situations the victims of these offences are women , children and in some cases also old parents and the abusers in such cases are mostly family members and near relatives like husband , in laws and others
In most of the cases domestic violence has resulted in dowry deaths , homelessness , retarded growth and development of the children born and brought up in these households , severe mental health issues , and also in the spread of certain venereal and sexually transmitted diseases in the society such as AIDS and HIV
In this research I have concluded apart from the physical form , other two forms of domestic violence which are growing at a faster rate in our society , they are mental and verbal abuse
The most common suggested remedies concluded from the research are :- spread of proper education , organizing mass campaigns of legal awareness relating to the offence of domestic violence and its consequences on the abuser or offender , conducting protest walks on the issue of domestic violence , conducting proper counselling of the couples , implementation of more strict punishments and liabilities on the abusers or offenders of such offence

Literature Review

While working on this topic I came across various articles , journals , videos , blogs which were already made on this topic . While going through all those important research materials , I came across many important aspects and issues which highlighted the problem of domestic violence in our Indian society which helped a lot in framing my research work and provided a base or structure to my research . Domestic Violence as one of the key social issues with a legal aspect is well portrayed and presented in each of those valuable contents , but through my research I have tried to cover all the aspects to this social issue along with my own findings and analysis and most importantly my own perspective .

Methodology

In working on my research on this article on domestic violence , I have used both open and closed research methodologies including questionnaires and interviews along with the traditional research approach . In my questionnaires regarding domestic violence I have tried to gather the view and perspective of the common people around me regarding domestic violence and its suggestive remedies .

Conclusion

Domestic violence is a very serious social issue that needs a multi-angle approach in prevention and resolution . An adjustment of societal attitudes towards women , enhancing educational and economic opportunities for women , assisting victims , and enhancing legal protection are all essential elements of domestic violence prevention . With these steps , we can strive to build a society that values every individual and treats them with respect and dignity .