Actions of violence, in any form, are inhumane. Domestic violence, in particular, undermines the inherent value of women as individuals. Domestic violence takes many forms, such as marital assault, , conjugal violence, intimate violence, etc. The intention of the violence is to exert control over the wife or female partner, using physical, economic or psychological domination.
Domestic violence can be understood as a pattern of behavior in any relationship that is used to gain or maintain power and control over an intimate partner. The domestic violence can also occur within households, where one member uses force and intimidation against the other. While domestic violence is often directed towards women especially wives, by husbands or relatives, it’s important to recognize that men and transgender people can also be victims.
The United Nations Declaration on the Elimination of Violence against Women (1993) defines violence against women as “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”.
India has recognised domestic violence as a criminal offense since 1983 under Indian Penal Code 498-A. With the enactment of the Protection of Women from Domestic Violence Act 2005, a comprehensive definition of domestic violence that covers all forms of physical, emotional, verbal, sexual, and economic violence was adopted.
Key forms of domestic violence may be;
- Physical violence: wherein physical force is used with the intention of causing injury or harm to the spouse. It is a pattern of assault or coercive behavior like slapping, punching or hitting with the use of a weapon.
- Emotional and psychological violence through mental harassment, coercion, intimidation and threat of physical harm.
- Sexual violence in the form of coerced sex by manipulation or threat, physical forced sex assault accompanied by violence. This may also include situations where someone might be pressured into a type of intimacy they’re not comfortable with or at a time they’re not ready.
- Economic violence through control of all the family’s economic resources such as finance, food, clothing and others. It also involves exclusion from financial decision-making.
According to UNICEF, violence against women is a global issue, cutting across boundaries of culture, class, education, income, ethnicity and age. Even though most societies prohibit violence against women, the reality is that violations against women rights are often sanctioned under the garb of cultural practices and norms or through misinterpretation of religious tenets. Moreover, when violence takes place within the home, as is very often the case, the abuse is conveniently condoned by the tacit silence and lack of enforcement.
Perhaps the single most cause of domestic violence is the belief in the values that men have proprietary rights over women and girls. Indian society, which has strong religious and traditional influences, generally provides the notions of the family under male control, cementing belief in the inherent superiority of males. The isolation of women in their families and communities is also known to contribute to increased violence. Added to this, the lack of knowledge about legal rights, particularly among poor and illiterate women, provides male members of the family a license to subjugate women and girls.
According to the National Family Health Survey(NHFS) conducted by the Ministry of Health and Family Welfare, Government of India, 29.3 per cent of ever-married women aged 18-49 have experienced physical, sexual, or emotional spousal violence. The National Crime Records Bureau (NCRB) of the Ministry of Home Affairs has indicated that 1,40,019 cases have been registered by married women alleging cruelty by their husbands or relatives during the year 2022. 13479 cases were reported under the Dowry Prohibition Act 1961 and 468 cases under Domestic Violence Act 2005 during the same period. But the saddest part is that dowry-related death cases u/s 304(B) IPC is 6450 in the year 2022. The above statistics point to a grim situation, even though majority of the cases of domestic violence against women go unreported due to patriarchal and male chauvinism in Indian societies.
Protection of women from Domestic Violence Act is one of the landmark laws which was passed in 2006 to tackle this problem. The Act in theory goes a long way in protection of women in the domestic settings. The Act deals with all forms of domestic violence that are not addressed in Indian Penal Code (498-A IPC). For eg: It includes in its ambit sexual, violence abuse which were not recognized by any other laws in India.
To safeguard women against domestic violence, legal remedies may not be sufficient. There is a need to strive for the transformation of societal beliefs and practices. Some measures which can prevent or reduce all forms of domestic violence are as follows;
- Implementation of relevant sections of Indian Penal Code and provisions of Domestic Violence Act should be strict and effective to punish the offenders and protect the victim.
- Attitudinal changes among men and women to dismantle the patriarchal structure of society,which is the root cause of violent acts.
- Educating girls and efforts to help women and empowering them to be equal in society and reduce women’s vulnerability in the household atmosphere.
- Prompt and speedy legal aid and advice should be made available to victims of domestic violence, especially to those who are uneducated, backward and economically disadvantaged.
- Gender perspective training should be provided to all officers of the criminal justice system, viz., Police, Prosecution and Judiciary, who handle domestic violence cases with soft gloves under the mistaken notion of protecting families. Similar training should also be given to medical officers and rehabilitation officers to handle such cases firmly.
- Massive awareness campaigns involving Non-Government Organizations, Community leaders, religious leaders and opinion makers at all levels should be carried out to evolve a narrative against the evils of domestic violence or violence against women in general.
- Social activists and individuals should be encouraged to come out strongly against all forms of violence involving women through Art and Literature. I remember one such initiative by Bengaluru based Sugama Sangeetha Singer Smt. M. D. Pallavi and Musician Sri. Vasu Dixit. It is titled “Sahisabekilla Nivu” (You don’t have to tolerate it anymore). The song represents as an anthem against all forms of domestic violence.
- The above measures are not exhaustive. There is a need to put in sustained efforts towards transformation of society based on gender equality. Acts and Laws alone will not be sufficient to bring this change. Government agencies, voluntary organizations, social activists and mass media should all play their roles to educate and empower women socially and economically, which will help in preventing and eliminating domestic violence.