Abstract- no matter from where you belong, what are

Abstract-

Domestic Violence
is the crime done against women which she has to bear in their husband’s house.
It acts as a barrier against empowerment of women and creates disturbance in
the society. The reason for it being so prevalent is the orthodox mentality of
the society. From the cradle to the grave, women are objects of violence from
those nearest and dearest to them. And it is a never ending cycle for there is
considerable evidence of intergenerational transmission of domestic violence”1.
Still in today’s society, domestic violence is thought and believed to be an
issue that can be solved within the four walls of the house and some amount of
violence is considered to be the wear and tear of marriage. Even though one
half of the total world’s population is constituted by women but still they
face disadvantages and are considered inferior due to bias. In Indian society,
women are being exploited since time immemorial in the name of religion, social
sanctions and sometimes on the pretexts written on scriptures.

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The hypothesis is
that, in India large number of women are subjected to domestic violence by the
men and The Protection Of Women from Domestic Violence Act, 2005, has saved
many women and has breached the system of the Indian family and is a pro women
law.

 

 

Methodology-

Secondary source
was taken as a way of research. The data is collected from the websites and
books.

 

 

 

 

Introduction-

Human rights are
the rights which cannot be taken away but can be restricted sometimes. every
person has this basic rights from birth until death no matter from where you
belong, what are your beliefs or how you want to live your life. It is purely
based on values like fairness ,equality, respect, dignity etc. They can also be
defined as the ‘the foremost statement of the rights and
freedoms of all human beings’.2
Human rights includes various types of rights like freedom of expression and
opinion, freedom from torture, freedom from slavery, right to life, etc. The
Universal Declaration Of Human Rights is the most translated document in the
world which has been translated into 501 languages .It has two covenants-International
covenant on civil and political rights(ICCPR), International covenant on
economic social and cultural rights(ICESCR).

Since the earlier
time, the women has been considered below than the men. This has led to gender
discrimination and suppression by the men towards the women. This humanity is
male and man defines woman not I herself, but as relative to him; she is not
regarded as an autonomous being, she is defined and differentiated with respect
to man and not he with reference to her; she is the incidental, the inessential
as opposed to the essential, he is the subject, he is the absolute, she is the
other.3

Now if we talk
about Domestic Violence, the need  is to
provide protection of women from domestic violence, and for this purpose “The
Protection Of Women From Domestic Violence Act,2005” has been enacted. This
provision provides effective protection to women against any kind of violence
occurring within the family and for the other matters connected, guaranteed by
the constitution.

 

 

 

 

Violence-

It can be defined
as the act of aggression that crosses the boundary of an other person’s
autonomy and identity. It is a coercive instrument to “assert one’s will over
another, to prove or feel a sense of power.”4

Domestic Violence-

The term domestic violence
implies the incidents of familiar or intimate battering having reference to an
idealized family unit functioning in a protected and secluded manner,
appropriately shielded from the public.5

Definition-For the
purposes of “The Protection Of Women From Domestic Violence Act,2005”,any act,
omission or commission or conduct of the respondent shall constitute domestic
violence in case it-

(a)   Harms
or injures or endangers the health, safety, life, limb or well-being, whether
mental or physical, of the aggrieved person or tends to do so and includes
causing physical abuse, sexual abuse, verbal abuse and economic abuse; or

(b)   Harasses,
harms, injures or endangers the aggrieved person with a view to coerce her or
any other person related to her to meet any unlawful demand for any dowry or
other property or valuable security; or

(c)   Has
the effect of threatening the aggrieved person or any person related to her by
any conduct mentioned in clause (a) or clause (b); or

(d)   Otherwise
injures or causes harm, whether physical or mental, to the aggrieved person.6

Domestic violence
means the violence between members of the household, usually spouses, an
assault or any other act committed by one member of a household against
another.7

The different types of domestic violence includes-

Physical abuse,
emotional abuse, isolation, intimidation, economic abuse, sexual abuse etc. Now
taking into account the fact that a man can control the woman with his
dominance in various fields. By using intimidation, he can make her afraid with
his actions, gestures and looks, by smashing things and destroying property
etc. Economic abuse includes preventing her to get a job, making her ask for
money to him; not making her aware about the family income; by taking her money
etc. By using isolation, he can control the thinking of the women and her day
to day activities. Minimizing, denying and blaming is also a kind of domestic
violence. The man also uses his male privilege by treating her like a servant
and not including her in major decision making. Men also use their children in
order to suppress women by threatening her to take her children away from her
and by making her feel guilty. Psychological violence is caused by humiliated
treatment, denial of human existence etc.

One of the major
cause for domestic violence includes the demand for dowry. If the bride’s
family does not present sufficient amount of dowry, then she is subjected to
cruelty and domestic violence by her in laws and is forced to fulfil the dowry
demand. In majority of the cases, such cruelty and domestic violence for dowry
leads to death of the woman. If the death of a woman is caused by any burns or
bodily injury or occurs otherwise than the normal circumstances within seven
years of her marriage and it is shown that soon before her death she was
subjected to cruelty or harassment by her husband or any relative of her
husband for, or in connection with, any demand for dowry, such death shall be
called “dowry death”.8
Cruelty against a woman by her husband or relatives of husband is punishable
offence.9
Under the Indian Penal Code meaning of domestic violence can be inferred from
various provisions such as murder, culpable homicide, abetment of suicide,
misappropriation of the spouse’s property, wrongful restraint or confinement
,hurt, grievous hurt, use of force and assault etc.

One of the cause
includes lower literacy rates, educated women tends to fight back against any
injustice which is done to her.

Effects of domestic violence-

It affects a woman
in a drastic manner, she becomes emotionally instable and looses all her
confidence which results into lower self esteem.Many women undergo through
depression which leads to suicidal tendencies. She cannot sleep properly or eat
properly and even becomes afraid for any kind of interaction. She loses the
ability to trust a person. It causes anxiety, dehydration, dissociative states,
panic attacks etc. Domestic violence is violent victimization of women by the
men. The women irrespective of her age may be a girl child, unmarried women,
married, elderly women, widow etc. Violence can be psychological, sexual and
physical. It does not know age, race, religion etc.

 

Civil law for domestic violence-

It takes into
account the facets of domestic violence without any specific definition of
domestic violence. The Dissolution of Muslim Marriages Act, 1939(DMMA) and The
Hindu Marriage Act, 195510 ,
The Special Marriage Act,195411,
The Indian Divorce Act12
and the Parsi Marriage and Divorce Act13 takes
into account cruelty14as
a base for divorce.

Domestic Violence
is a violation of the fundamental right to live with dignity, and of the right
to equality and the equal protection of the law guaranteed under the
constitution of India.15
It has been observed that total lifetime prevalence of domestic violence was 33.5%
for sexual violence among aged 15-49.16
Around two third of married Indian women are victims of domestic violenceand as
many as 70% of married women in india between the age of 15 and 49 are victims
of beating, rape or forced sex. In India, more than 55% of the women suffer
from domestic violence, especially in the states of Bihar, Madhya Pradesh,
Uttar Pradesh and other northern states17.

The declaration on
the elimination of all kinds of violence against women has been adopted by The
United Nations General Assembly on 20th December 1993. Violence
against women means any act of gender based violence that results in, or is
likely to result in, physical, sexual, or psychological harm or suffering to
women, including threats of such acts, coercion or arbitrary deprivation of
liberty, whether occurring in public or in private life.18

Prevention and solution-

In order to end
and minimise the practice of domestic violence, it is very necessary to report
the problem to the authorized person so that he can take the appropriate steps.
If a person does not report the problem, the authorities would never come to
know about this injustice and this practice will continue to remain prevalent
in the society as a social evil and barrier towards women empowerment. Any person
who has reason to believe than an act of domestic violence has been, or is
being, or is likely to be committed, may give information about it to the
concerned Protection Officer.19
The protection officers are appointed by the state gouts to monitor the cases
of domestic abuse under section 8 of The Protection of Women From Domestic
Violence Act,2005. If the protection officer refuses to discharge his duty, he
will be penalized. Moreover Service Providers play a major role in providing
shelter homes to the aggrieved person. The magistrate can frame the charges in
the case where the rights of the women are violated. The offences for breach of
protection is made cognizable and non bailable punishable with one year
imprisonment or fine of 20000 or both. The rights of the women under this act
are-

1. Right to reside
in shared household

2. Right to
alternate accommodation if required

3. Right to
services of Protection Officer and Service Providers

4. She can get
various reliefs like Protection order, resident orders, monetary relief,
custody order forher children, compensation order, interim/ex parte order etc.20

Conclusion-

The need of the
hour is to improve the education level of women in the society so that they can
be empowered. They should be provided proper professional guidance and
psychological counseling. Integrity of body and soul should be ensured. Women
should not be afraid to file a complaint against her husband or her in laws,
instead she should be made aware and fight back against it. A support can be
made to heal all the other victims of domestic violence. The poor victims
should be provided with adequate resourcesso that they can also file a case or
somebody on their behalf should take a step forward.

 

 

 

 

1 Freeman,1979,p239

2 https://www.equalityhumanrights.com/en/what-are-human-rights/what-universal-declaration-human-rights

 

3 Simone
de Beauvoir

4 Robert
Litke;”Violence and Power”,International Social Science Journal,1992

5 Fineman MA: Preface in
The Public Nature of Private Violence:The Discovery of Domestic abuse

6 The protection of women
from domestic violence act, 2005

7 Black’s Law Dictionary

8 Section 304-B, Indian
Penal Code

9 Under section 498-A of
Indian Penal Code

10 Section 13, HMA

11 Section 27(1)(d),SMA

12 Section 10,IDA

13 Section 32(dd),PMDA

14 Section 2(8),DMMA

15 Law of domestic
violence,2000,pp.v,vi,ix

16 National family and
health survey,2005

17 United Nation
Population Fund Report

18 The declaration on the elimination of all forms of violence against
women adopted by G.A of the U.N

19 Section 4 of Protection Of Women From Domestic Violence,2005

20 The protection of women fromdomestic violence act,2005

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