Definition & Meaning of Domestic Violence

There is high prevalence of domestic violence in India. But most of the crimes are not reported due to fear of abandonment and repurcussions for the women. Because women are financially dependent on their husband for money they are often not able to leave. Also, in a patriarchal society they have lesser opportunities to independently work due to prejudices against women. To tackle these issues, the Constitution of India secures equality and dignity of all women. Also criminal laws and civil law like the Prevention of Domestic Violence Act, 2005 provide remedies to women in line with India’s international commitments.

India has a patriarchal society which is dominated by men. There is a gendered division of labour where women are to take care of domestic responsibilities while men go out and earn money. This leaves women without any economic agency and completely dependent on the man for money. This is one of the central reasons why women are not able to leave their abusive partners as they are dependent on them for sustenance.

Domestic Violence is abuse faced bywomen in matrimonial home which can include physical violence, physchological abuse, harassment and verbal abusee.g. restricting access to resources at home or being locked up. It also includes demands for dowryor offensive comments.It is very broadly defined.It has also been expanded to include live-in relationships as women face abuse in these intimate partnerships as well.

• The National Family Health Survey-5 reported that one-third of married women in India within the age of 18 and 49 have experienced domestic violence.
• The National Commission of Women received around 26,000 complaints of domestic violence in 2022 which was a 25% increase from the previous year.
• Limited Reporting: And these instances are not always reported to the authorities since women are fearful for their lives or the impact it could have on family as a whole.
• Fear of Abandonment: Women also often do not have a place to go and are left without any shelter if they choose to go to court against their husband
• Fear of Abandonment:Women also often do not have a place to go and are left without any shelter if they choose to go to court against their husband.

• Patriarchl Mindset: It is considered acceptable in many cultures in India to hit your wife to “discipline” her.
• Divorce a Taboo: Women are expected to put up with some level of abuse as divorce is a taboo in the society. There is also a lot of shame involved in coming out as a victim of domestic violence, and that is why women keep quiet.
• Lack of Family Support: Due to beliefs such as ‘ladki paraya dhan hai’ (a daughter is property of her inlaws) and ‘kanyadan’ (i.e. the daughter once married is donated to her inlaws) women in India often also do not have to option to return to their parental home.
• Rampant drug addiction in the male population and alcoholism also leads to increased levels of domestic abuse. This is why there have been strong anti-alcohol movements by women’s groups like the Anti-Arrack movement of Andhra Pradesh.

• The Constitution of India:propounds principles of gender equality in Article 14 to 16. Further right to life and dignity is secured for all women in the country under Article 21.
• Reservation:Protection is also given through positive discrimination in favour of women to bring them to the same status of men e.g. reservation in employment, educational institutions and even the political sphere.
  • The Nari Shakti Vandan Adhiniyam, 2023 secures 1/3rd seats in the Parliament and State Legislature for women.
  • Similar reservation occurs in the panchayat and municipality level post the 73rd and 74th Constitutional Amendment Acts.
• DPSP:The directive principles of state policy: Direct Legislature to secure rights and dignity of women.
  • Article 39 ensures equal pay for equal work and adequate means of livelihood for women.
  • Article 42 secures just and humane working conditions.
• Fundamental Duty: It is the fundamental duty of all citizens of India to renounce practices derogatory to the dignity of women under Article 51A.
• CEDAW: These principles are also international recognised in the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) which India ratified in 1993.
• State Government Mandate: Since the protection of life and maintenance of law and order is part of List II of Schedule 7 of the Constition, it falls on the State Government to prevent domestic violence.
• A new ‘Women Safety Division’ has been set up by the Ministry of Home Affairs in 2018 which is responsible for policy formulation, planning, coordinating, and implementing projects/schemes to assist States/Union Territories to achieve this objective. The Division also deals with IT interventions for increasing efficiency in delivery of criminal justice, matters relating to Directorate of Forensic Science Services, crime statistics, crimes against women and children, trafficking in persons and smuggling of migrants.

Governmenthas introduced numerous other initiatives to provide relief to battered women

• Unified women help line number 1091 and 108 specifically for domestic abuse.
• One Stop Centre Scheme: to provide shelter, police desk, legal and medical aid to female victims along with a 24x7 helpline for those in distress.
• Accommodation & Shelter Schemes: Women’s Hostels, Ujjawala Homes, SwadharGreh
• Legal Aid: for all women under the National Legal Services Authority Act 1987 is provided through District Legal Services Authority.

• National laws like the Protection of Women from Domestic Violence Act, 2005 and the Indian Penal Code (IPC), 1860 protect women’s rights.
  • Section 498A IPC was introduced in 1983 to punish husbands and their families who are cruel to women for a period upto three years.
  • Cruelty includes causing physical injury or danger to the health or life of the woman, abetting her suicides, harassment or coercion for dowry etc.
  • This is a very strong provision for protection of women and the Supreme Court in 2014 in the case of Arnesh Kumar versus State of Bihar (2014) provided discretion to the police officer to arrest the accused.

• Broad Defintion: It defined domestic violence to include (i) Physical abuse (ii) Sexual Abuse (iii) Verbal & Emotional Abuse and (iv) Economic Abuse.
  • Hence it included bodily injury, use of force, criminal intimidation, humiliation or sexual degradation violating the dignity, insults or name calling.
  • It also prohibits economic deprivation done by husbands by disposing of household items, or prohibiting use of household items.
• Civil Remedy:
• PWDVA is a civil remedy primaily to provide compensation to the victim.
• Section 10 of the Act also provides for rehabilitation and supportive services like shelter, medical aid, legal aid etc.
• Types of Orders: Following are the reliefs available to an aggrieved woman under the Act-
  • Protection Order: Prohibiting abuser from going after the victim and abusing her.
  • Residence Order: Prohibiting man from throwing a woman out of the house.
  • Compensation Order: Money to cover medical and property damage due to domestic violence based on actual loss suffered by the victim. It also includes loss of earnings to victim.
  • Custody Order: To secure the custody of children of the victim.

These well meaning legislative and policy initiatvies face some challenges in implementation-

• Protection Officers (POs) are to be appointed by state government under the PWDVA. However due to staff shortage and diversion of police officers to various other policing duties they are not available or have multiple works apart from being POs.
• Shelter homes are not sufficient across the country and those which exist are in poor condition.
• The first approach of the authorities is to ask women to reconcile despite the abuse to ‘protect the family’. Police officers deter filing a complaint saying it is a ‘private matter’. Such attitudes need to be remedied.
• While there is a mandate to dispose of cases within 60 days in the PWDVA, it is not done in reality due to huge backlogs and time consuming judicial processes.

• Anhilliate Discirminatory Attitudes: The complete elimination of domestic violence will come when we as a society are able to end discrimination on the basis of sex and women are not treated as lesser citizens in a patriarchal country.
• Behavioural Change: This change in attitude will come with spreading awareness and education. Local community leaders should denounce domestic violence and tools like radio, television, posters, nukkad nataks etc. can be used to create mass awareness.
• Capacity Building: There is also a need to sensitize first responders like police and doctors to the signs of violence. It is necessary that second hand harassment due to mistreatment by investigating authorities or due to judicial delays are minimised.
• Training Doctors to Identify Domestic Violence: Since domestic violence is an issue which a lot of women do not report, they are not able to get help or even medical attention. However, with thecorrect training covert recognition of signs of abuse can help the government reach all victims.
• Welfare for Women: With a good social welfare and support system provided by the government at all levels to secure food, health, shelter, education, resources like clothing and work for women, we can enable women to leave abusive homes without fearing having to be left on the streets.
• Economic empowerement: of women in a must and initiatives are being taken with maternity benefits, protection against sexual harassment, equality in armed forces recruiments and promotions etc. Women are being equipped with skills and resources to achieve financial independence through initiatives by the Ministry of Skill Development’s special focus on women in the Skill India Mission.

While India has made significant strides in addressing domestic violence through legislation and policy initiatives, the true solution lies in transforming societal attitudes and fostering a culture of gender equality. Focus on proper implementation of these laws will also help accelerate the end of domestic violence in the country.

Holistic support to women through counselling, legal aid, shelter, clothing and food is being ensured by various organisations however there is a need to improve delivery of these services. Partnerships between NGOs, social workers and government needs to be strengthened. A continuous evaluation of these services is necessary to identify gaps and implement evidence based interventions.

Finally, the fight against domestic violence can not be complete withouth enlisting men as partners through education and awareness programms. This is how we can achieve complete equality and dignity for women.