DOMESTIC VIOLENCE – THE PRESENT SCENARIO

By P. Sree Sudha, M.L (Ph.D.,) **

Domestic violence is a global issue reaching across national boundaries as well as socio-economic, cultural, racial and class distinctions.1This problem is not only widely dispersed geographically, but its incidence is also extensive, making it a typical and accepted behavior. Domestic violence is wide spread, deeply rooted and has serious impacts on women's health and well-being. Its continued existence is morally indefensible. Its cost to individuals, to health systems and to society is enormous.2Yet no other major problem of public health has been so widely ignored and so little understood. In spite of the prosperity, globalization and education, we have failed to eliminate the violence against the women. We, in Indian, worship woman as a Goddess, regard her as a mother, love her as a wife and she is most affectionate to us as a daughter but still we commit violence against her. As per the statistics available, every 3rd minute a case of violence against woman is registered in India. Every day 50 cases of dowry related violence are reported and every 29th minute a woman is raped. There has been increasing concern about violence against women in general and domestic violence in particular, in both developed and developing countries. In India, domestic violence was recognized as a criminal offence and chargeable under section 498-A of the Indian Penal Code that relates to domestic violence which is any act of cruelty by a husband (or his family) towards his wife. However, until recently, there was no separate civil law addressing the specific complexities associated with domestic violence, including the embedded nature of violence within family networks, the need for protection and maintenance of abused women, and the fact that punishment and imprisonment for the husband may not be the best resolution in every case. Accordingly, after a decade-long process, a comprehensive domestic violence law, known as the Protection of Women from Domestic Violence Act (PWDVA) 2005, took effect in 2006. This paper aims at discussing the factors responsible for domestic violence and the key features of The Protection of Women from Domestic Violence Act, 2005 only.

**Research Scholar, Dr.B.R.Ambedkar College of law, Andhra University, Visakhapatnam, Andhra Pradesh, India, email ID: srisudha.k@rediffmail.com

  Domestic Violence Means Domestic violence can be described as the power misused by one adult in a relationship to control another. It is the establishment of control and fear in a relationship through violence and other forms of abuse. This violence can take the form of physical assault, psychological abuse, social abuse, financial abuse, or sexual assault. The frequency of the violence can be on and off, occasional or chronic.” Domestic violence is not simply an argument. It is a pattern of coercive control that one person exercises over another.3 Abusers use physical and sexual violence, threats, emotional insults and economic deprivation as a way to dominate their victims and get their way".

The Protection of Women from Domestic Violence Act, 2005 says that “any act, conduct, omission or commission that harms or injures or has the potential to harm or injure will be considered domestic violence by the law. Even a single act of omission or commission may constitute domestic violence” - in other words, women do not have to suffer a prolonged period of abuse before taking recourse to law. The law covers children also4. Domestic violence is perpetrated by, and on, both men and women. However, most commonly, the victims are women, especially in our country. Even in the United States, it has been reported that 85% of all violent crime experienced by women are cases of intimate partner violence, compared to 3% of violent crimes experienced by men5.  Thus, domestic violence in Indian context mostly refers to domestic violence against women. Domestic violence is the most common form of violence against women. It affects women across the life span from sex selective abortion of female fetuses to forced suicide and abuse, and is evident, to some degree, in every society in the world.
The World Health Organization reports that the proportion of women who had ever experienced physical or sexual violence or both by an intimate partner ranged from 15% to 71%, with the majority between 29% and 62%6.

India's National Family Health Survey-III, carried out in 29 states during 2005-06, has found that7 a substantial proportion of married women have been physically or sexually abused by their husbands at some time in their lives. The survey indicated that, nationwide, 37.2% of women "experienced violence" after marriage. Bihar was found to be the most violent, with the abuse rate against married women being as high as 59%. Strangely, 63% of these incidents were reported from urban families rather than the state's most backward villages8. It was followed by Madhya Pradesh (45.8%), Rajasthan (46.3%), Manipur (43.9%), Uttar Pradesh (42.4%), Tamil Nadu (41.9%) and West Bengal (40.3%).

 The trend of violence against women was recently highlighted by the India's National Crime Records Bureau (NCRB) which stated that while in 2000, an average of 125 women faced domestic violence every day, the figure stood at 160 in 20059.
A recent United Nation Population Fund report also revealed that around two-thirds of married women in India were victims of domestic violence. Violence in India kills and disables as many women between the ages of 15 and 44 years as cancer and its toll on women's health surpasses that of traffic accidents and malaria combined.10
Factors Responsible for Domestic Violence

Domestic violence against women is an age old phenomenon. Women were always considered weak, vulnerable and in a position to be exploited. Violence has long been accepted as something that happens to women. The gender imbalance in domestic violence is partly related to differences in physical strength and size. Moreover, women are socialized into their gender roles in different societies throughout the world. In societies with a patriarchal power structure and with rigid gender roles, women are often poorly equipped to protect themselves if their partners become violent. However, much of the disparity relates to how men-dependence and fearfulness amount to a cultural disarmament. Husbands who batter wives typically feel that they are exercising a right, maintaining good order in the family and punishing their wives' delinquency - especially the wives' failure to keep their proper place.11 The important factors which are responsible for domestic violence are:

Ø      Lack of financial independence,

Ø      Exploitation of female labour,

Ø      Lack health care,

Ø      Deprivation of education to women, etc.,

             In order to give a solution to above violence’s the Government of India   implemented its first law aimed at tackling domestic violence The Protection of Women from Domestic Violence Act, 2005 to protect the rights of women who are victims of violence of any kind occurring within the family and to provide for matters connected therewith or incidental thereto.

Forms of Domestic Violence:

We can see the following kinds of violence in number of cases. They are:

Ø      Acid attack,

Ø      Bride Burning,

Ø      Human trafficking,

Ø      Prostitution,

Ø      Rape,

Ø      Dowry demand,

Ø      Sati,

Ø      Sexual slavery,

Ø      Widow inheritance,

Ø      Child marriage.

Story behind the enactment of this Act:

In 1993, the United Nations formally acknowledged violence against women as a public policy concern in the Declaration on Violence against Women.  The Declaration cites violence as, "one of the crucial mechanisms by which women are forced into a subordinate position compared with men." The UN has designated 25th November as the International Day for the Eradication of Violence against Women. This made Indian Government to enact a new legislation to address domestic violence in India.

Salient Features of the Protection of Women against Domestic Violence Act -2005 (PWDVA Act):

The Domestic Violence Act is a laudable piece of legislation that was enacted in 2005 to tackle this problem. It has received President’s assent in September 13th 2005. It extends to the whole of India except the State of Jammu Kashmir. The Act in theory goes a long way towards protection of women in the domestic setup. This piece of legislation has been long over due. It is a comprehensive law and addresses all issues related to women. It is for the first time that an act has been made to address women's issues in such detail. This legislation is well placed in the Indian context and social scenario, clearly reflective of the mindset of the Indian men.  The Act is an extremely progressive one not only because it recognizes women who are in a live in relationship12 but also extends protection to other women in the household, including sisters and mothers thus the Act includes relations of consanguinity, marriage, or through relationships in the nature of marriage, adoption, or joint family thus, 'domestic relationships' are not restricted to the marital context alone. In fact the Act has given a new dimension to the word abuse because unlike the primitive notion abuse includes13 actual abuse or threat of abuse, whether physical, sexual, verbal, economic and harassment by way of dowry demands and thus, under the new law;

Ø      Harassment by way of unlawful dowry demands on the woman or her relatives also comes under this definition14.

Ø      The law will cover those women who are or have been in a relationship where both parties have lived together in a shared household, and are related by marriage or adoption15.

Ø      Preventing one's wife from taking up a job or forcing her to leave job are also under the purview of the Act16

Ø      One of the most important features of the Act is that it also provides a woman a right to reside in the matrimonial and shared household, whether or not she has any title in the household17.

Ø      Husbands or live-in partners who would be guilty of domestic violence can be put behind bars for a year and fined Rs 20,00018

Ø      And all crimes in the Domestic Violence Act are non-bailable19

In addition to physical violence of beating, slapping, hitting, kicking and pushing, the Act also covers sexual violence like forced intercourse, forcing his wife or mate to look at pornography or any other obscene pictures or material and child sexual abuse20. The new law also addresses sexual abuse of children and forcing girls to marry against their wishes. This certainly proves that the new Act has been formed keeping the current relationship culture in India and the irregularities in the previous Domestic Violence Laws in mind.

The Act has also defined Physical Violence21 very comprehensively, as:

• Any kind of bodily harm or injury
• A threat of bodily harm
• Beating, slapping and hitting.

Thus, physical violence is defined as any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health, or an act that impairs the health or development of the person aggrieved, or that includes assault, criminal intimidation and criminal force22. But violence against women is not always physical.     It is for the first time, the law has expanded the definition to include sexual, verbal and economic violence.

Under the law, Sexual Violence includes; 23

Ø      Forced sexual encounter,

Ø      Forcing a woman to look at pornography or any obscene pictures,
any act of sexual nature to abuse, humiliate or degrade a woman's
integrity.

The new law is also tough on men who subject women to name calling or verbal abuse. While Verbal Violence is often trivialized as unimportant, observers say it can damage a woman's self-esteem

The Act defines Verbal Violence as24:

Ø      Name calling

Ø      Any kind of accusation on a woman's character or conduct

Ø      Insults for not bringing dowry

Ø      Preventing a woman from marrying a person of her choice,

Ø      Any form of threat or insults for not producing a male child.

Another significant step has been to recognize Economic Violence. Under the Act, Economic Violence is25:

Ø      Not providing money, food, clothes, medicines

Ø      Causing hindrance to employment opportunities

Ø      Forcing a woman to vacate her house

Ø      Not paying rent.

Under the Act the law provides for the setting up and function of Protection Officers26. The State Government will appoint protection officers to help the affected women. These protection officers are likely to be appointed in every district across the country, helping the victims file cases before the magistrates. According to the provisions of the Act, the woman will be given complete protection. Her 'tormentor' would be ordered not to attempt to communicate with her, including at her workplace. The court can pass 'protection orders' so that the charged person will not cause violence to the woman's relatives27. Apart from this, the woman can rightfully continue to live under the same roof with the man while fighting him in the court. According to the Act, the woman will have the right to a 'secure housing ' in the matrimonial or shared household. PO will assist the court in making a Domestic Incident Report28 or an application for a protection order on behalf of the aggrieved woman and/or child. POs will ensure that aggrieved people are provided legal aid, medical services, safe shelter and other required assistance. POs will ensure that necessary information on service providers is provided to the aggrieved woman, and that orders for monetary relief are complied with. Importantly, the PO can be penalized for failing/refusing to discharge his duty, with the proviso that prior sanction of the state government is required. The other relief envisaged is that29 of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties.

It also provides for a breach of protection order30 or an interim protection order by a respondent as a cognizable and non-bailable offence punishable with imprisonment for a term, which may extend to a year or with a fine, which may extend to twenty thousand rupees or with both. Similarly, non-compliance or discharge of duties by the Protection Officer is also sought to be made an offence under the Act with similar punishment.     An important addition to the law ensures that an aggrieved wife, who takes recourse to the law, cannot be harassed for doing so. A woman who is the victim of domestic violence will have the right to the services of the police, shelter homes and medical establishments. She also has the right to simultaneously file her own complaint under Section 498A of the Indian Penal Code.

Domestic Violence and its Implications on HealthViolence not only causes physical injury, it also undermines the social, economic, psychological, spiritual and emotional well being of the victim, the perpetrator and the society as a whole. Domestic violence is a major contributor to the ill health of women.
It has serious consequences on women's mental and physical health, including their reproductive and sexual health. These include injuries, gynecological problems, temporary or permanent disabilities, depression and suicide, amongst others.
"Many forms of verbal and psychological abuse appear relatively harmless at first, but expand and grow more menacing over time, sometimes gradually and subtly. As victims adapt to abusive behavior, the verbal or psychological tactics can gain a strong 'foothold' in victims' minds, making it difficult for them to recognize the severity of the abuse over time."  31  

These physical and mental health outcomes have social and emotional squeal for the individual, the family, the community and the society at large. Family life gets disrupted which has a significant effect on children, including poverty (if divorce or separation occurs) and a loss of faith and trust in the institution of the family. These squeal not only affect the quality of life of individuals and communities, but also have long-term effects on social order and cohesion. For example, women who were subject to violent attacks during childhood are bothered by menstrual problems and irritable bowel syndrome in later life.

  Domestic Violence and Reproductive Health

There is enough evidence to support that higher reproductive morbidity is seen among women experiencing domestic violence. Studies conducted32 in North India have shown elevated odd's ratio of gynecological symptoms, while comparing women with husbands reporting no domestic violence and women who experienced physical and sexual violence. It may be attributed to the fact that abusive men were more likely to engage in extra marital sex and acquire STDs, thereby placing their wives at risk of acquiring STDs. There was also lesser condom use reported among such men.
These make women more susceptible to HIV infection, and the fear of violent male reactions, physical and psychological, prevents many women from trying to find out more about it, discourages them from getting tested and stops them from getting treatment.

Studies in the northern state of Uttar Pradesh have also shown that unplanned pregnancies are significantly more common among wives of abusive men. Besides this, research has shown that battered women are subject to twice the risk of miscarriage and four times the risk of having a baby that is below average weight33. In some places, violence also accounts for a sizeable portion of maternal deaths. Reproductive health care that incorporates domestic violence support services is needed to meet the special needs of abused women.

 Psychological and Emotional Violence 

Psychological and emotional violence covers "repeated verbal abuse, harassment, confinement and deprivation of physical, financial and personal resources"34.
Violence against women has a far deeper impact than the immediate harm caused. It has devastating consequences for the women who experience it and a traumatic effect on those who witness it, particularly children.

 Impact of Domestic Violence on Children

Children who witness domestic violence may develop serious emotional, behavioral, developmental or academic problems35.  As they develop, children and teens those grow up with domestic violence in the household are:

Ø       more likely to use violence at school or community in response to perceived threats

Ø       more likely to attempt suicide

Ø       more likely to use drugs

Ø       more likely to commit crimes, especially sexual assault

Ø       more likely to use violence to enhance their reputation and self esteem

Ø       more likely to become abusers in later life

Measures to Combat Domestic Violence

An effective response to violence must be multi-sectoral; addressing the immediate practical needs of women experiencing abuse; providing long-term follow up and assistance; and focusing on changing those cultural norms, attitudes and legal provisions that promote the acceptance of and even encourage violence against women, and undermine women's enjoyment of their full human rights36 and freedoms.
The health sector has unique potential to deal with violence against women, particularly through reproductive health services, which most women will access at some point of time in their lives. However, this potential is far from being realized. Few doctors, nurses or other health personnel have the awareness and the training to identify violence as the underlying cause of women's health problems. A comprehensive health sector response to the problem is needed, particularly addressing the reluctance of abused women to seek help.

Role of Public Health Personnel

Domestic violence against women has been identified as a public health priority. Public health personnel can play a vital role in addressing this issue. Since violence against women is both a consequence and a cause of gender inequality, primary prevention programs that address gender inequality and tackle the root causes of violence are all essential. Public health workers have a responsibility to build awareness by creating and disseminating materials and innovative audio-visual messages, which project a positive image of girl child and women in the society37. An integrated media campaign covering electronic, print and film media that portrays domestic violence as unacceptable is the need of the hour. However, the health sector must work with all other sectors including education, legal and judicial, and social services.

Conclusion

Kofi Annan, Secretary General of the United Nations said, "Violence against women remains pervasive worldwide. It is the most atrocious manifestation of the systemic discrimination and inequality women continue to face, in law and in their everyday lives, around the world. It occurs in every region, country, and culture, regardless of income, class, race or ethnicity." The phenomenon of domestic violence remains one of the most prevalent yet largely invisible forms of violence in the public domain. It is a manifestation of inequality within the home. Contrary to the general belief, violence faced by women in intimate relationships is neither restricted to certain social sections nor is it manifested only in its physical form. Domestic violence occurs in many forms - physical, emotional, sexual, economic, verbal and others, and a woman may face violence in any one, two or in combination of all of them. This piece of legislation has been long over due. It is a comprehensive law and addresses all issues related to women. It is for the first time that an act has been made to address women's issues in such detail. The Act is an extremely progressive one not only because it recognizes women who are in a live-in relationship but also extends protection to other women in the household, including sisters and mothers. Thus the Act includes relations of consanguinity, marriage, or through relationships in the nature of marriage, adoption, or joint family thus, 'domestic relationships' are not restricted to the marital context alone. In fact the Act has given a new dimension to the word abuse because unlike the primitive notion abuse includes actual abuse or threat of abuse, whether physical, sexual, verbal, economic and harassment by way of dowry demands. In addition to physical violence of beating, slapping, hitting, kicking and pushing, the Act also covers sexual violence like forced intercourse, forcing his wife or mate to look at pornography or any other obscene pictures or material and child sexual abuse. This law also addresses sexual abuse of children and forcing girls to marry against their wishes. This certainly proves that the Domestic Violence Act has been formed keeping the current relationship culture in India and the irregularities in the previous Domestic Violence Laws in mind and finally it  has become a boon to Indian women in the present era of globalization.

Finally I end this article with a word “now a day’s violence has become a fashion and passion” – it is the duty of people of India should act in a non-violent manner towards women in future which will help our country to prosper in par with developed nations.

********

End Notes:

1. Huma Ahmed-Ghosh (2004) “Chattels of Society  Domestic Violence in India” San Diego State University, Violence Against Women, Vol. 10, No. 1, pp 94-118
2. Marilyn Fernandez (1997)  “Domestic Violence by Extended Family Members in India Interplay of Gender and Generation” Journal of Interpersonal Violence, Vol. 12, No. 3, pp 433-455
3. See Section 3 of PWDV ACT-2005.
4. See Section 3 of PWDV ACT-2005.
5. Fact Sheet: Domestic violence: Older women can be victims too. National center on elder abuse. Washington DC: 2005. Available from: http://news.bbc.co.uk/go/pr/fr/-/2/hi/south_asia/6086334.stm. [last visited on  Oct 10th 2008]
6. WHO Multi country study on Women's health and domestic violence against women. Geneva: World Health Organization; 2007.  
7. National Family Health Survey-3 2005-06
8. Fact Sheet: National Family Health Survey NFHS-III 2005-06. Ministry of Health and Family Welfare, Govt. of India. Available from: http://HYPERLINK "http://www.asianews.it" www.asianews.it  Rising domestic violence. [last visited on  October5th 2008]
9. Two- third married Indian women victims of domestic violence. Available from: http://www.ptinews.com. [last visited on  Oct 13th 2008]
10. Rennison CM. "HYPERLINK "http://www.ojp.usdoj.gov/bjs/pub/pdf/ipv01.pdf" o "http://www.ojp.usdoj.gov/bjs/pub/pdf/ipv01.pdf" Intimate Partner Violence, 1993-2001". Bureau of Justice Statistics. 2003 NCJ HYPERLINK "http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=197838"

 

1. Burlon B, Duvvury N, Varia N(2000). “Justice, Change and Human Rights: International Research and Response to Domestic Violence”: Jointly published by International Center for Research on Women and Center for Development and Population Activities, Washington D.C:  
2. See Section 2 (q) of  PWDVA  Act -2005
3. See Explanation – I of PWDVA ACT – 2005
4. See Explanation  - I  iv (a), (b) of  PWDVA ACT – 2005
5. See  Section 2 (s) of  PWDVA ACT – 2005
6. See Section 3(4) of  PWDVA ACT – 2005
7. See 2(s) of PWDVA ACT – 2005 also see Supreme Court of India’s recent Judgment on Shared Household of PWDVA ACT -2005 in S.R. Batra & ANR Vs Smt. Taruna Batra   136(2007) DLT 1(SC)
8. See 31(1) of  PWDVA ACT – 2005
9. See  32(1)of  PWDVA ACT – 2005
10. See  Explanation  - I  (ii) of  Section 3(d) PWDVA ACT – 2005
11. See Section 3 of PWDVA ACT - 2005
12. See  Explanation  - I  (i) of  Section 3(d) PWDVA ACT – 2005
13. See  Explanation  - I  (ii) of  Section 3(d) PWDVA ACT – 2005
14. See  Explanation  - I  (iii) of  Section 3(d) PWDVA ACT – 2005
15. See  Explanation  - I  (iv) of  Section 3(d) PWDVA ACT – 2005
16. See   Section 8of PWDVA ACT – 2005
17. See   Section 18of PWDVA ACT – 2005
18. See   Section 19 of PWDVA ACT – 2005
19. See   Section 18of PWDVA ACT – 2005
20. See 31(1) of  PWDVA ACT – 2005
21. Fact Sheet: National Family Health Survey NFHS-III 2005-06. Ministry of Health and Family Welfare, Govt. of India, Available from: http://HYPERLINK "http://www.asianews.it" www.asianews.it Rising domestic violence. [last visited on  October25th 2008]
22. Martin SL, Kilgallen B, Tsui AO, Maitra K, Singh KK, Kupper LL (1999), Sexual behaviors and Reproductive health outcomes: Associations with wife abuse in India. JAMA ; at pp282:1967-72.  
23. Stephenson R, Koening MA, Ahmed S(2006). Domestic violence and symptoms of gynecological morbidity among women in North India. Int Fam Plan Prospect; at pp32:201-8.  
24. World Health Organization, World Report on Violence and Health 93 (2002), available at: www.who.int/violence_injury_prevention/violence/world_report/en/
25. Burlon B, Duvvury N, Varia N.(2000) Justice, Change and Human Rights: International Research and Response to Domestic Violence: Jointly published by International Center for Research on Women and Center for Development and Population Activities, Washington D.C:
26. Kumaralingam Amirthalingam(2005), Women’s Rights, International Norms, and Domestic Violence: Asian Perspectives, Human Rights Quarterly 27 , p. 684
27. World Health Organization, World Report on Violence and Health 93 (2002), available at: www.who.int/violence_injury_prevention/violence/world_report/en/

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