Domestic Violence against women in India(A Test of Indian Legal Mechanism)PritySingh*ABSTRACTIn our society, violence is bursting.
It is present almosteverywhere and nowhere is this eruption more intense than right behind thedoors of our homes. Behind closed doors of homes all across our country, peopleare being tortured, beaten and killed. It is happening in rural areas, towns,cities and in metropolitans as well. It is becoming a legacy being passed onfrom one generation to another and this violence has a tendency to explode invarious forms such as physical, sexual or emotional. It may be worth pointingout that in India, the ‘possession’ of women by malevolent spirits is sociallyand culturally accepted; elaborate procedures for exorcism—which are oftenviolent in nature- bring into focus the woman or girl, who as a victim of thisparticular affliction, is expected to behave in ways which violate conventionalnorms of appropriate conduct. According to United Nation Population Fund Report,around two-third of married Indian women are victims of domestic violence andas many as 70 per cent of married women in India between the age of 15 and 49are victims of beating, rape or forced sex. In India, more than 55 percent ofthe women suffer from domestic violence, especially in the states of Bihar,U.P.
, M.P. and other northern states.
Though Indian Legal Mechanism is verykeen on this and prevention of this transgression is the matter of concern forlegal system, it is still out of the reach for the state machinery to take overthis social idiotic and to provide the desired security to women at home. Thispaper presents a scenario of intensity of domestic violence against women inIndia and status of effectiveness of legal prevention of this problem.Keywords:Domestic Violence; Malevolent; Exorcism; Transgression. *Prity singh, Assistant Professor,IPEM Law Academy IntroductionThe genesis of violence against women is found in thetradition of Indian society, which has been prevailing for the centuries.
Womenhave been victims of violence and exploitation by the male all over the world.This exploitation is continues in developed and developing countries. Justbeing a woman they are denied certain rights and are discriminated against menand often becomes victims of men’s ideology. Different form violence is anobstacle to achievement of the objective of equality, development and peace.
Inpatriarchal society dependence of economic subordination of women all over theworld also go long way in making her vulnerable to domestic violence, irrespectiveof culture, race class or age. Abuse against a womancan be mental, physical, emotional, sexual, economic, social or spiritual. Domesticviolence against women is a common occurrence in most societies whether theDomestic violence is physical or mental. In south Asian countries it is a dailyand often deadly fact of life for millions of women and girls. Domesticviolence against women is among the most serious threats to overall developmentand progress in India. Domestic violence that is any act of physical, sexual orpsychological abuse, or the threat of such abuse, inflicted against a women bya person intimately connected to her through marriage, family relation oracquaintanceship is universal and hasits root in socio-cultural set up of the society. Internationally one in threewomen have been beaten, coerced into sex or abuse in their lifetime by memberof her own family.
1Domestic violence is the most prevalent yet relatively hidden and ignored formof the violence against women and girls. Many victims of domestic violence alsojustify the wife beating; a study was conducted on Domestic Violence in India:An Empirical Analysis by HariharSahoo & Manas Ranjan, upon90303 ever married women and discovered widespread prevalence of domesticviolence (21 %, since age 15) in India but also the acceptance of majority ofever- married women (57%) to at least one reason for justifying a husbandbeating his wife.2Crime against women increased 34% over the last four years to 2015, withcruelty by husband and relatives being the most widely reported crime,according to the national crime records bureau. Therate of crime against women defined as crimes reported divided by totalwomen population- has gone up from 41.7 %to 53.9 % between 2012 and 2015. Figure 1: Crime against Women (2012 to2015)Source:http://www.firstpost.
com/india/crimes-against-women-up-34-in-four-years-most-reports-from-up-maharashtra-west-bengal-2991754.html.,Accessed on 22 September 2017. Uttar pradesh (35,527)maharashtra (31,126) and west begal( 33,218) reported the most crimes againstwomen in 2015 acording to national crime bureau. Forms of domestic violenceDomestic violence not always refers to the physicalassault or the visible injuries of the victim. There is several form of abusivebehavior against women and each and every abuse behavior has its owndevastating consequences.
Types of domestic violence are as follows: 1) Physical abuse:physical abuse is the use of physical force against person in a way that endsup injuring the person, or puts the person at risk of being injured. 2) Verbal or nonverbal abuse:Mental, psychological or emotional abuse can be verbal or nonverbal.33) Sexual abuse: itinvolves the violation of an individual’s bodily integrity (sexual assault),including coercing sexual contact, and prostitution, as well as any unwelcomesexual behavior ( sexual harassment), including treating someone in a sexuallydemining manner or any other conduct of sexual nature, whether physical,verbal, or non- verbal.4) Stalking or cyber stalking: stalking is harassment of or threateninganother person, especially in a way that haunts the person physically or emotionallyin a repetitive and devious manner. Stalking is unpredictable and should alwaysbe considered dangerous. Many tactics are there for stalking like: repeatedphone calls, sometimes with hang-ups, sending unwanted packages, cards, giftsor letters, monitoring the victims’ phone calls or computers use.
45) Economic abuse or financial abuse: when abuser has complete control over the victims money andother economic resources that is called economic abuse. Women experiencing domestic violence or living withits consequences are under reported because in most cases violence isconsidered as personal or family matter. moreover, the way of treating women sociallyis not gender sensitive, and sometimes the fear of increasing suffering orvulnerability by the victim reduce the number of violence to be reported andeven expressed to others. A sufficient number of domestic violence in India isunder reported due to social stigma, women are accused of provoking theviolence by their disobedience, failure as a wife, or infidelity. Women reportabout it when it becomes serious problem or threats to life.
Physical abuse orbeating wives by husband is almost a universal form of domestic violenceagainst women. Worldwide 10-70% of women found being physically violated bytheir intimate partners in their lives.5Around seven in ten (66.8%) women were vulnerable to abusive words against themand their parents by their husband, and most of the women were physicallyabused by their husbands and were seriously injured to consult a healthcareprovider. Violence in marriage or withinfamilies is perceived as the most undesirable situation for women because athome where they should have security and worthy position, instead they areusually in threats of possible international attacks by the closest ones whichconsequently have physical impact as well as mental tolls. Adiagram called “power and control wheel” developed by the domestic abuseintervention project in Duluth to identify the various behaviors that are usedby batterers to gain power and control over their victim. A single incident ofphysical violence or the threat of such violence may be sufficient to establishpower and control over a partner.
Figure2: power and control wheelSource:Developed by: Domestic Abuse Intervention Project Thewheel demonstrates the relationship between physical and sexual violence andthe tactics of intimidation, coercion and manipulation that are often used bythe batterers.InIndia, different social and behavioral traits like age, education,socioeconomic status. Family pattern,religion etc. are associated with domestic violence. Men from socioeconomiclevels have greater probability of perpetrating violence against wife. InIndia, due to existing socioeconomic and political system domestic violenceagainst women is not only manifestation of gender inequality, but also seversto continue this and a s a result Domestic violence is accepted and toleratedhere, and once a women is victimized by domestic violence her probability to bevictimized again is very high.
Domestic violence, women’s rightsand international rights framework The universal declaration of humanrights 1948 followed by the international covenant on economic, social andculture rights (ICESCR) and the international covenant on civil and politicalrights (ICCPR) in the first instance provide the initial basis of equal rightto men and women. And many other international agreements have been upheld such as theconvention on the elimination of all forms of discrimination against women(CEDAW) and 1993 UN declaration on the elimination of violence against women.UN works with countries to eliminate all type of violence against women at theglobal level to advance the international normative framework through supportprovide to inter-governmental process, such as the general assembly and thecommission on the status of women. The Commission on the status of Women isinstrumental in promoting women’s right, documenting the reality of women’slives throughout the world, and shaping global standards on gender equality andthe empowerment of women.6 Combatingdomestic violence in India The extent andmagnitude of the problem of domestic violence in India requires identifying thepriority areas for intervention. As stated before, at least half of the womenin India experience domestic violence at least once in their lives. For toolong now women have accepted it as their destiny or have just acquiesces theirright to raise their voice, perhaps because of the justice system or lack of itor because they are vulnerable, scared or being ostracized by their own becausedomestic violence still remain a taboo for most women who suffer from it.Domestic ViolenceAct 2005: Domestic violence act 2005,referred at protection for women against domestic violence (PWDVA), Domesticviolence act come into force in october 2006.
The act covers those women whoare in relatiuonship with the abuser or where both parties have lived togetherby consangunity or by mrriage, are entitled to lega protection under this act.The offence under this are cognizalbe and non-bailable. DVA extent its protectionto women who are sisters, widows and mothers.the Domestic violence act 2005ensure the reporting of cases of domestic violnce against women to a protectoinofficer.
Protection officer prepares a report of incidence to the magistrateand forward copies thereof to the police officer incharge of the police stationwith in the local limits of jurisidction. Since the protection of women fromdomestic violence act (2005) PWDVA has passed over 1,000,000 cases have beenfiled across the country under sections pretating to cruelty by husband anddowry, as per data provided by the natuoinal crime record bureaue (NCRB) show.Cases registered under the abetment of suicide of women, collected by NCRBsince 2004, increased by 34% from 3034 in 2014 to 4060 in 2005.7 Thereare various regulations or provisions being made for protection of womenagaintsdomestic violence under the statute such as sec.
304B of IPC pertatiningto dowry death. Under section 313-316 of IPC female infanticide has been madepunishable which means forcefully teraminating the pregnancy of a women. A complain can also be filed under section498 A of IPC For cruelty which also falls under domestic violence.
8 Although government has constituted several laws andActs in favour of women, but unfortunately, in spite of all the support by the constitutional and legal rights theyare still suffering from domestic violence. Their Freedom is overlooked, inreality, they still lag behind to enjoy to them.ConclusionViolence within the four walls needed to be takenseriously.
The domestic violence may have a wider and deeper impact in life ofthe victims. Mostly Domestic violence issues are unreported; women always hesitateto reveal their family issue in front of others. In India the laws are improperand inadequate to protect the women from domestic violence.
Domestic violencein India is a major concern of development interventions as well as in humanright perspectives. A coordinate efforts for practical and efficientinterventions need to be made to eliminate this problem where men’s supremacyover women need to be challenged.BibliographyAnderson, K. (2009) ‘Gendering coercivecontrol’ Violence Against Women, Vol. 15, No. 12: 1444-1457.
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