Introduction to Domestic Violence
Domestic violence happens when a household member of the victim commits an act of violence. This includes your current and former spouses, as well as members of your immediate family, extended family, and close family friends. When there is a close relationship between the perpetrator and the victim, the term “domestic violence” is used. They are often unequal in strength. The aggressor is dependent on the victim. Domestic violence encompasses all forms of abuse, including physical, sexual, and psychological.
Domestic Violence Against Women at Home
Domestic violence refers to any public or private act of gender-based violence against women that causes or is likely to cause them physical, sexual, or emotional pain or suffering, including threats of such actions, coercion, or arbitrary deprivation of liberty.
The use of physical force against the spouse, such as slapping, striking, kicking, and beating, constitutes physical violence.
Sexual violence, including forced sexual contact and other forms of sexual coercion; emotional (psychological) abuse, including insults, belittling, humiliation (ex-damaging objects), intimidation (ex-damaging objects), threats of harm, and threats to remove children.
Controlling a person’s behavior, includes isolating them from family and friends, tracking their movements, and limiting their access to financial resources, jobs, education, or medical treatment.
Monitoring a person’s access to money and keeping them financially dependent are examples of economic violence.
Cardinals
WHO estimates that around one-third (30%) of women globally have experienced physical and/or sexual intimate partner abuse or non-partner sexual violence at some point in their life.
In ten studies, the lifetime prevalence of domestic violence against women by their husbands or intimate partner ranged from 20% to 78%.
Every three minutes, according to the National Crime Records Bureau of India, a crime is committed against a woman.
Each year, over 324,000 pregnant women endure intimate partner abuse.
History of Domestic Violence
In the course of humanitarian conflicts and other disasters, women have been suppressed and encased out of fear that they are too fragile to emerge. Civilizations and cultures throughout the world fail to acknowledge the truth that women are survivors and have been undervalued.
Ancient societies that gradually stripped women of their rights until they were unable to speak have a long history of violence. The legal system of ancient Athens accorded women few legal rights. They were denied access to both the assembly and the judicial hearings. In addition, it is stated that women in significant positions were prohibited from publicly displaying or discussing themselves.
Domestic violence in India presents an intriguing paradox: although being the most prevalent violation of fundamental human rights, it is simultaneously the least recorded and discussed. The strict patriarchal rules and structure of traditional Indian culture, as well as the clear line between public and private life, have made the issue of domestic violence complicated and nuanced. This has made it necessary to fight for justice against this horrible practice for a long time and with determination. Polygamy was common, despite the fact that the part system was unknown.
There are several instances of women participating in celebrations and festivities. The fact that a widow of an Indian captain committed herself after clothing herself is proof that the sati system was practiced at the time. Giri (1999) asserts that Sati was first mentioned in the DHARMASHASTRAS after 500 A.D. and spread throughout the nation around 1000 A.D.
After the Buddha era, women were expected to help their husbands reach their goals in life, which made them less important. According to Arthashastra, rulers segregated their female subjects. When women from affluent families emerged in public, they donned the purdah, and the institution of dowry was established. In this truly medieval period, women’s status had degenerated to a humiliating degree.
The subject of women dominated the nineteenth century. What women desire was not the focus of the discussion. Instead, the question should be “How can they be updated?” After the British invasion, western ideals and values first began to influence our society. The national and reform movements boosted women’s social awareness. During the second half of the 1800s, there were several changes to the legal system that changed how women were treated in Indian culture.
The brief legal background to the Domestic violence act
There are various laws prohibiting domestic violence in India. The Dowry Prohibition Act of 1961 criminalized the giving and receiving of dowries for the first time. To strengthen the 1961 statute, Sections 498A, and 304B were added to the Indian Penal Code in 1983 and 1986, respectively. The newest legislation is the Protection of Women from Domestic Violence Act (PWDVA) of 2005. The PWDVA is a civil law that says physical, emotional, sexual, verbal, and financial abuse are all types of domestic violence.
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Important Cases with respect to domestic violence
Ajay Kumar v. Lata @Sharuti:
This appeal stems from a ruling by the High Court of Punjab and Haryana dismissing a petition against the ruling of the Additional Sessions Judge in Panipat. A temporary maintenance order for the respondents under the Protection of Women from Domestic Violence Act of 2005 was upheld.
State of West Bengal, 2019: In accordance with Sections 18, 19, 20, and 22 of the Protection of Women from Domestic Violence Act of 2005, the petitioner submitted a request to the court. The learned magistrate denied the wife’s motion for monetary relief while partially granting the counterclaim and ordering the opposing party to pay each of the two small children Rs. 4,000 per month.
Kamlesh Devi v. Jaipal 2019: After reviewing the Act’s provisions, the learned Judicial Magistrate First Class, Narnaul, decided that none of the witnesses had shown that the respondents and the petitioner shared a residence and that the respondents had perpetrated domestic violence against them. The lower court further determined that no claims of violence of any kind have been made about the grounds of the shared residence.
Judicial Method
Traditional jurisprudence and customary law, which favored husbands’ roles as family leaders over their guilt as abusers, are likely to have a subtle effect on how people in the legal system think about domestic violence. Even though such laws have been illegal for a considerable amount of time, judges continue to express difficulties and frustrations in separating familial and legal relationships from the ordinary perpetrator-victim relationship. The viewpoints of judges regarding the causes of violence do not all follow the same pattern.
Even though many judges, as well as most professionals and the general public, think that domestic violence is caused by drug use, judges say that economic problems, social class identities, and temporary mistakes by offenders are the real causes.
Although some judges place blame on the victim, the authors of this piece have found no evidence to support the misconception that the majority of judges hold the victim responsible for their mistreatment. Also, there is no good evidence that most judges think victims are unwilling or unwilling to help.
Studies show that most judges think of domestic abuse as a legal problem rather than a social one when making decisions. But many judges aren’t optimistic about how legal actions (like arrest and jail time) will change the way criminals act.
In general, they are more hopeful about social service interventions, especially counseling, but do not always view this as the role of the legal system. Even though we know for sure that judges’ views on these problems vary a lot, not much research has been done to find out why.
Suggestions with respect to domestic violence
To end violent practices against women, both men and women must adopt a new perspective. The traditional basic social structure in India is patriarchal, characterized by a male-dominated society. Inequitable power distribution is the primary cause of violent acts.
Domestic violence is still seen as a “family matter” in our society, which means that close family members, strangers, and the police cannot get involved. For any law to work, there must be a strong public consensus and democratic approval.
The strict legal mandate provided for officials and stakeholders; the officials and organizations are responsible for the Act’s more effective implementation. It is necessary to eradicate gender discrimination, patriarchal society’s customary relationships, and male dominance.
Gender perspective training should be mandated by law because it is essential for changing the mentality of patriarchal society, police, service providers, medical professionals, protection officers, and especially magistrates, who frequently advise women to accept violence and refrain from filing complaints.
At the pre-litigation stage, the person who was hurt must get professional counseling to help them feel better about themselves, get emotional support, and decide if they want to go to court.
